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S.1375

Immigration

Families Belong Together Act This bill provides various immigration benefits for eligible alien parents (or legal guardians) and minor children who were separated by the Department of Homeland Security (DHS) between January 20, 2017, and January 20, 2021. Generally, to be an eligible parent or minor child under this bill, the alien must not be inadmissible for certain crime- or security-related grounds, though DHS may waive certain grounds for humanitarian or public interest reasons. Furthermore, an eligible child who was separated as a minor remains eligible for the immigration benefits after reaching majority. DHS must grant humanitarian parole into the United States to an eligible alien who requests such parole, regardless of whether the alien is physically present in the United States. An eligible alien in the United States may apply for lawful permanent resident status. U.S. Citizenship and Immigration Services shall grant a qualifying alien's lawful permanent resident status within 30 days of receiving the alien's application. An alien who receives lawful permanent resident status under this bill shall be eligible for benefits and services that are available to an alien who is admitted as a refugee. Certain annual numerical limitations shall not apply to aliens who receive lawful permanent resident status under this bill. If an alien seeks judicial review of a denial of an application for lawful permanent resident status under this bill, the Department of Justice shall appoint counsel to represent that alien upon request.

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Families Belong Together Act''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (2) Eligible parent.--The term ``eligible parent'' means a person who, regardless of whether the person is in the United States or abroad-- (A) is a parent or legal guardian of an eligible child; (B) entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; (C) was separated from his or her eligible child by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (D) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). SEC. 3. HUMANITARIAN PAROLE. (a) In General.--The Secretary of Homeland Security shall grant humanitarian parole into the United States to any eligible parent or eligible child who expressly requests and applies for such parole, whether or not such eligible parent or eligible child is physically present in the United States. (b) Fee and Sponsor Prohibited.--The Secretary of Homeland Security may not-- (1) impose a fee in conjunction with a request or application for parole under subsection (a); or (2) require the applicant to secure a fiscal sponsor. (c) Consultation Requirement.--The Secretary of Homeland Security shall consult with the Secretary of State to ensure coordination with local consular officials abroad. SEC. 4. ADJUSTMENT OF STATUS. (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. (b) Eligible Children.-- (1) Application.--Eligible children in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (2) Adjustment.--Not later than 30 days after receiving an application from an eligible child pursuant to paragraph (1), the Director shall adjust the status of such child to that of an alien lawfully admitted for permanent residence. (c) Exemption From Numerical Limitations.--The numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is adjusted pursuant to subsection (a) or (b). (d) Application Fees Prohibited.--The Director of U.S. Citizenship and Immigration Services may not impose a fee for-- (1) any application submitted under this section; or (2) any filing related to such application, including the submission of biometric information or an application for waiver of grounds of inadmissibility. (e) Eligibility for Benefits and Services.--Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.), an eligible parent or eligible child whose status is adjusted to that of an alien lawfully admitted for permanent residence shall be eligible for benefits and services under any Federal or State program or activity to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). SEC. 5. DISCRETION OF THE SECRETARY OF HOMELAND SECURITY. (a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. (b) Savings Provision.--Nothing in this Act may be construed to reduce or diminish the discretion provided to the Secretary of Homeland Security under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). SEC. 6. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. (b) Judicial Review.-- (1) In general.--Notwithstanding any other provision of law, an alien may seek judicial review of a denial of an application for adjustment of status, or a revocation of such status, under this Act in an appropriate United States district court. (2) Scope of review and decision.--Notwithstanding any other provision of law, the review authorized under paragraph (1) shall be de novo and shall be based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary of Homeland Security shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. (2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (3) Funding.--Counsel appointed pursuant to paragraph (1) shall be paid from amounts appropriated pursuant to section 7(2). (d) Stay of Removal.--An alien seeking administrative or judicial review under this section may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under section 4. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to any other amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated-- (1) $5,000,000 to the Department of State in fiscal year 2021 to locate and educate eligible parents and children abroad about opportunities for humanitarian parole; and (2) $5,000,000 to the Executive Office for Immigration Review of the Department of Justice in fiscal year 2021 for the provision of legal services, including educating eligible parents and eligible children of their rights under this Act. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. <all>

Families Belong Together Act

A bill to grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security.

Families Belong Together Act

Sen. Blumenthal, Richard

D

CT

This bill provides various immigration benefits for eligible alien parents (or legal guardians) and minor children who were separated by the Department of Homeland Security (DHS) between January 20, 2017, and January 20, 2021. Generally, to be an eligible parent or minor child under this bill, the alien must not be inadmissible for certain crime- or security-related grounds, though DHS may waive certain grounds for humanitarian or public interest reasons. Furthermore, an eligible child who was separated as a minor remains eligible for the immigration benefits after reaching majority. DHS must grant humanitarian parole into the United States to an eligible alien who requests such parole, regardless of whether the alien is physically present in the United States. An eligible alien in the United States may apply for lawful permanent resident status. U.S. Citizenship and Immigration Services shall grant a qualifying alien's lawful permanent resident status within 30 days of receiving the alien's application. An alien who receives lawful permanent resident status under this bill shall be eligible for benefits and services that are available to an alien who is admitted as a refugee. Certain annual numerical limitations shall not apply to aliens who receive lawful permanent resident status under this bill. If an alien seeks judicial review of a denial of an application for lawful permanent resident status under this bill, the Department of Justice shall appoint counsel to represent that alien upon request.

SHORT TITLE. This Act may be cited as the ``Families Belong Together Act''. 2. DEFINITIONS. (2) Eligible parent.--The term ``eligible parent'' means a person who, regardless of whether the person is in the United States or abroad-- (A) is a parent or legal guardian of an eligible child; (B) entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; (C) was separated from his or her eligible child by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (D) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 3. HUMANITARIAN PAROLE. 4. ADJUSTMENT OF STATUS. (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (c) Exemption From Numerical Limitations.--The numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. (d) Application Fees Prohibited.--The Director of U.S. 1601 et seq. 1157). 5. DISCRETION OF THE SECRETARY OF HOMELAND SECURITY. (a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). 6. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. (2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to any other amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated-- (1) $5,000,000 to the Department of State in fiscal year 2021 to locate and educate eligible parents and children abroad about opportunities for humanitarian parole; and (2) $5,000,000 to the Executive Office for Immigration Review of the Department of Justice in fiscal year 2021 for the provision of legal services, including educating eligible parents and eligible children of their rights under this Act. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

SHORT TITLE. This Act may be cited as the ``Families Belong Together Act''. 2. (2) Eligible parent.--The term ``eligible parent'' means a person who, regardless of whether the person is in the United States or abroad-- (A) is a parent or legal guardian of an eligible child; (B) entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; (C) was separated from his or her eligible child by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (D) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 3. HUMANITARIAN PAROLE. 4. ADJUSTMENT OF STATUS. (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (d) Application Fees Prohibited.--The Director of U.S. 5. DISCRETION OF THE SECRETARY OF HOMELAND SECURITY. 1182(a)). AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. SEC. 7. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Families Belong Together Act''. 2. DEFINITIONS. (2) Eligible parent.--The term ``eligible parent'' means a person who, regardless of whether the person is in the United States or abroad-- (A) is a parent or legal guardian of an eligible child; (B) entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; (C) was separated from his or her eligible child by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (D) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 3. HUMANITARIAN PAROLE. (c) Consultation Requirement.--The Secretary of Homeland Security shall consult with the Secretary of State to ensure coordination with local consular officials abroad. 4. ADJUSTMENT OF STATUS. (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (c) Exemption From Numerical Limitations.--The numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is adjusted pursuant to subsection (a) or (b). (d) Application Fees Prohibited.--The Director of U.S. (e) Eligibility for Benefits and Services.--Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq. 1157). 5. DISCRETION OF THE SECRETARY OF HOMELAND SECURITY. (a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). 6. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. (2) Scope of review and decision.--Notwithstanding any other provision of law, the review authorized under paragraph (1) shall be de novo and shall be based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary of Homeland Security shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. (2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to any other amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated-- (1) $5,000,000 to the Department of State in fiscal year 2021 to locate and educate eligible parents and children abroad about opportunities for humanitarian parole; and (2) $5,000,000 to the Executive Office for Immigration Review of the Department of Justice in fiscal year 2021 for the provision of legal services, including educating eligible parents and eligible children of their rights under this Act. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Families Belong Together Act''. 2. DEFINITIONS. (2) Eligible parent.--The term ``eligible parent'' means a person who, regardless of whether the person is in the United States or abroad-- (A) is a parent or legal guardian of an eligible child; (B) entered the United States at a port of entry, or between ports of entry, with an eligible child to whom he or she is a parent or legal guardian; (C) was separated from his or her eligible child by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (D) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 3. HUMANITARIAN PAROLE. (b) Fee and Sponsor Prohibited.--The Secretary of Homeland Security may not-- (1) impose a fee in conjunction with a request or application for parole under subsection (a); or (2) require the applicant to secure a fiscal sponsor. (c) Consultation Requirement.--The Secretary of Homeland Security shall consult with the Secretary of State to ensure coordination with local consular officials abroad. 4. ADJUSTMENT OF STATUS. (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. (2) Adjustment.--Not later than 30 days after receiving an application from an eligible child pursuant to paragraph (1), the Director shall adjust the status of such child to that of an alien lawfully admitted for permanent residence. (c) Exemption From Numerical Limitations.--The numerical limitations set forth in sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to aliens whose status is adjusted pursuant to subsection (a) or (b). (d) Application Fees Prohibited.--The Director of U.S. Citizenship and Immigration Services may not impose a fee for-- (1) any application submitted under this section; or (2) any filing related to such application, including the submission of biometric information or an application for waiver of grounds of inadmissibility. (e) Eligibility for Benefits and Services.--Notwithstanding title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1601 et seq. 1157). 5. DISCRETION OF THE SECRETARY OF HOMELAND SECURITY. (a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. (b) Savings Provision.--Nothing in this Act may be construed to reduce or diminish the discretion provided to the Secretary of Homeland Security under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). 6. AVAILABILITY OF ADMINISTRATIVE AND JUDICIAL REVIEW. (a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. (2) Scope of review and decision.--Notwithstanding any other provision of law, the review authorized under paragraph (1) shall be de novo and shall be based solely on the administrative record, except that the applicant shall be given the opportunity to supplement the administrative record and the Secretary of Homeland Security shall be given the opportunity to rebut the evidence and arguments raised in such submission. Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. (2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (d) Stay of Removal.--An alien seeking administrative or judicial review under this section may not be removed from the United States until a final decision is rendered establishing that the alien is ineligible for adjustment of status under section 4. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to any other amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated-- (1) $5,000,000 to the Department of State in fiscal year 2021 to locate and educate eligible parents and children abroad about opportunities for humanitarian parole; and (2) $5,000,000 to the Executive Office for Immigration Review of the Department of Justice in fiscal year 2021 for the provision of legal services, including educating eligible parents and eligible children of their rights under this Act. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended.

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). HUMANITARIAN PAROLE. ( a) In General.--The Secretary of Homeland Security shall grant humanitarian parole into the United States to any eligible parent or eligible child who expressly requests and applies for such parole, whether or not such eligible parent or eligible child is physically present in the United States. ( (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( Citizenship and Immigration Services may not impose a fee for-- (1) any application submitted under this section; or (2) any filing related to such application, including the submission of biometric information or an application for waiver of grounds of inadmissibility. ( a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. (b) Savings Provision.--Nothing in this Act may be construed to reduce or diminish the discretion provided to the Secretary of Homeland Security under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. ( (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). ( (b) Fee and Sponsor Prohibited.--The Secretary of Homeland Security may not-- (1) impose a fee in conjunction with a request or application for parole under subsection (a); or (2) require the applicant to secure a fiscal sponsor. ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( ), an eligible parent or eligible child whose status is adjusted to that of an alien lawfully admitted for permanent residence shall be eligible for benefits and services under any Federal or State program or activity to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. ( Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). ( (b) Fee and Sponsor Prohibited.--The Secretary of Homeland Security may not-- (1) impose a fee in conjunction with a request or application for parole under subsection (a); or (2) require the applicant to secure a fiscal sponsor. ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( ), an eligible parent or eligible child whose status is adjusted to that of an alien lawfully admitted for permanent residence shall be eligible for benefits and services under any Federal or State program or activity to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. ( Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). HUMANITARIAN PAROLE. ( a) In General.--The Secretary of Homeland Security shall grant humanitarian parole into the United States to any eligible parent or eligible child who expressly requests and applies for such parole, whether or not such eligible parent or eligible child is physically present in the United States. ( (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( Citizenship and Immigration Services may not impose a fee for-- (1) any application submitted under this section; or (2) any filing related to such application, including the submission of biometric information or an application for waiver of grounds of inadmissibility. ( a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. (b) Savings Provision.--Nothing in this Act may be construed to reduce or diminish the discretion provided to the Secretary of Homeland Security under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. ( (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). ( (b) Fee and Sponsor Prohibited.--The Secretary of Homeland Security may not-- (1) impose a fee in conjunction with a request or application for parole under subsection (a); or (2) require the applicant to secure a fiscal sponsor. ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( ), an eligible parent or eligible child whose status is adjusted to that of an alien lawfully admitted for permanent residence shall be eligible for benefits and services under any Federal or State program or activity to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. ( Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). HUMANITARIAN PAROLE. ( a) In General.--The Secretary of Homeland Security shall grant humanitarian parole into the United States to any eligible parent or eligible child who expressly requests and applies for such parole, whether or not such eligible parent or eligible child is physically present in the United States. ( (a) Eligible Parents.-- (1) Application.--Eligible parents in the United States may submit an application to the Director of U.S. Citizenship and Immigration Services to have their status adjusted to that of an alien lawfully admitted for permanent residence. ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( Citizenship and Immigration Services may not impose a fee for-- (1) any application submitted under this section; or (2) any filing related to such application, including the submission of biometric information or an application for waiver of grounds of inadmissibility. ( a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. (b) Savings Provision.--Nothing in this Act may be construed to reduce or diminish the discretion provided to the Secretary of Homeland Security under section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. ( (c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). ( (b) Fee and Sponsor Prohibited.--The Secretary of Homeland Security may not-- (1) impose a fee in conjunction with a request or application for parole under subsection (a); or (2) require the applicant to secure a fiscal sponsor. ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( ), an eligible parent or eligible child whose status is adjusted to that of an alien lawfully admitted for permanent residence shall be eligible for benefits and services under any Federal or State program or activity to the same extent as an alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. ( Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. ( a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. ( ( c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. ( Upon issuing its decision, the court shall remand the matter, with appropriate instructions, to the Department of Homeland Security to render a final decision on the application. ( 2) Rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish procedures for the appointment of counsel under paragraph (1). (

To grant lawful permanent resident status to certain eligible persons who were separated from immediate family members by the Department of Homeland Security. In this Act: (1) Eligible child.--The term ``eligible child'' means a person who, regardless of whether the person is in the United States or abroad-- (A) entered the United States before attaining 18 years of age at a port of entry or between ports of entry; (B) was separated from his or her parent or legal guardian by the Department of Homeland Security between January 20, 2017, and January 20, 2021; and (C) is not inadmissible under paragraph (2)(C)(i), (2)(E), (2)(G), (2)(I), or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). ( 2) Adjustment of status.--Not later than 30 days after receiving an application from an eligible parent pursuant to paragraph (1), the Director shall adjust the status of such eligible parent to that of an alien lawfully admitted for permanent residence. ( a) Waiver of Grounds of Inadmissibility.--Notwithstanding any other provision of law, the Secretary of Homeland Security may waive the operation of one or more grounds of inadmissibility set forth in section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (other than paragraph (3)(E) of such section) with respect to an eligible child or an eligible parent, for humanitarian purposes, to ensure family unity, or when such waiver is otherwise in the public interest. ( a) Administrative Review.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide a process for aliens who have applied for adjustment of status under this Act to seek administrative appellate review of a denial of an application for adjustment of status, or a revocation of such status. ( ( c) Appointed Counsel.-- (1) In general.--Notwithstanding any other provision of law, an applicant seeking judicial review under this section shall be represented by counsel, who shall be appointed, upon the request of the applicant, in accordance with procedures established by the Attorney General. (

H.R.3419

Government Operations and Politics

This bill designates the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the Joseph R. Lentol Post Office.

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. 32]] Public Law 117-94 117th Congress An Act To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the ``Joseph R. Lentol Post Office''. <<NOTE: Mar. 11, 2022 - [H.R. 3419]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH R. LENTOL POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph R. Lentol Post Office''. Approved March 11, 2022. LEGISLATIVE HISTORY--H.R. 3419: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 167 (2021): Oct. 20, considered and passed House. Vol. 168 (2022): Feb. 15, considered and passed Senate. <all>

To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the Joseph R. Lentol Post Office.

To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the "Joseph R. Lentol Post Office". To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the Joseph R. Lentol Post Office.

Official Titles - House of Representatives Official Title as Introduced To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the "Joseph R. Lentol Post Office". To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the Joseph R. Lentol Post Office.

Rep. Maloney, Carolyn B.

D

NY

This bill designates the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the Joseph R. Lentol Post Office.

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. 32]] Public Law 117-94 117th Congress An Act To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the ``Joseph R. Lentol Post Office''. <<NOTE: Mar. 11, 2022 - [H.R. 3419]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH R. LENTOL POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph R. Lentol Post Office''. Approved March 11, 2022. LEGISLATIVE HISTORY--H.R. 3419: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 167 (2021): Oct. 20, considered and passed House. Vol. 168 (2022): Feb. 15, considered and passed Senate. <all>

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. 32]] Public Law 117-94 117th Congress An Act To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the ``Joseph R. Lentol Post Office''. <<NOTE: Mar. 11, 2022 - [H.R. 3419]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH R. LENTOL POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph R. Lentol Post Office''. Approved March 11, 2022. LEGISLATIVE HISTORY--H.R. 3419: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 167 (2021): Oct. 20, considered and passed House. Vol. 168 (2022): Feb. 15, considered and passed Senate. <all>

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. 32]] Public Law 117-94 117th Congress An Act To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the ``Joseph R. Lentol Post Office''. <<NOTE: Mar. 11, 2022 - [H.R. 3419]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH R. LENTOL POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph R. Lentol Post Office''. Approved March 11, 2022. LEGISLATIVE HISTORY--H.R. 3419: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 167 (2021): Oct. 20, considered and passed House. Vol. 168 (2022): Feb. 15, considered and passed Senate. <all>

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. 32]] Public Law 117-94 117th Congress An Act To designate the facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, as the ``Joseph R. Lentol Post Office''. <<NOTE: Mar. 11, 2022 - [H.R. 3419]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. JOSEPH R. LENTOL POST OFFICE. (a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the ``Joseph R. Lentol Post Office''. Approved March 11, 2022. LEGISLATIVE HISTORY--H.R. 3419: --------------------------------------------------------------------------- CONGRESSIONAL RECORD: Vol. 167 (2021): Oct. 20, considered and passed House. Vol. 168 (2022): Feb. 15, considered and passed Senate. <all>

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

[117th Congress Public Law 94] [From the U.S. Government Publishing Office] [[Page 136 STAT. a) Designation.--The facility of the United States Postal Service located at 66 Meserole Avenue in Brooklyn, New York, shall be known and designated as the ``Joseph R. Lentol Post Office''. (

S.1894

Public Lands and Natural Resources

Regional Ocean Partnership Act This bill allows the National Oceanic and Atmospheric Administration (NOAA) to designate and support Regional Ocean Partnerships between coastal states that share a common ocean or coastal area or border the Great Lakes. It also allows partnerships between coastal states and non-coastal states that share a common watershed or would contribute to the priorities of the partnership. Specifically, NOAA may designate a partnership as a Regional Ocean Partnership if it (1) is established to coordinate the management of ocean, coastal, and Great Lakes resources among state governments and Indian tribes; (2) focuses on the environmental issues affecting the ocean, coastal, and Great Lakes areas of the coastal states participating in the partnership; (3) complements existing coastal and ocean management efforts of states and Indian tribes on an interstate scale, focusing on shared regional priorities; (4) does not have a regulatory function; and (5) is not duplicative of an existing Regional Ocean Partnership. The bill designates the following entities as Regional Ocean Partnerships: Each partnership must maintain mechanisms for coordination, consultation and engagement with the federal government, Indian tribes, nongovernmental entities, and other federally mandated regional entities. A partnership may use provided federal funds to award grants and enter into contracts for certain purposes, including to monitor the water quality and living resources of multistate ocean and coastal ecosystems.

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Regional Ocean Partnership Act''.</DELETED> <DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES.</DELETED> <DELETED> (a) Findings.--Congress makes the following findings:</DELETED> <DELETED> (1) The ocean and coastal waters of the United States are foundational to the economy, security, global competitiveness, and well-being of the United States and continuously serve the people of the United States and other countries as an important source of food, energy, economic productivity, recreation, beauty, and enjoyment.</DELETED> <DELETED> (2) Over many years, the resource productivity and water quality of the ocean and coastal areas of the United States have been diminished by pollution, increasing population demands, economic development, and natural and man-made hazard events, both acute and chronic.</DELETED> <DELETED> (3) Ocean and coastal areas of the United States are managed by State and Federal resource agencies and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas.</DELETED> <DELETED> (4) Tribal governments have unique expertise and knowledge important for the stewardship of the ocean and coastal waters of the United States.</DELETED> <DELETED> (b) Sense of Congress.--It is the sense of Congress that-- </DELETED> <DELETED> (1) the United States should seek to support interstate coordination of shared regional priorities relating to the management, conservation, resilience, and restoration of ocean and coastal areas to maximize efficiencies through collaborative regional efforts by Regional Ocean Partnerships, in consultation with Federal and State agencies, Tribal governments, and local authorities;</DELETED> <DELETED> (2) such efforts would enhance existing and effective State coastal management efforts based on shared regional priorities; and</DELETED> <DELETED> (3) Regional Ocean Partnerships should consult with Tribal governments and may include representation from Tribal governments.</DELETED> <DELETED> (c) Purposes.--The purposes of this Act are as follows:</DELETED> <DELETED> (1) To complement and expand cooperative voluntary efforts intended to manage and restore ocean and coastal areas spanning across multiple State boundaries.</DELETED> <DELETED> (2) To expand Federal support for monitoring, data management, and restoration activities in ocean and coastal areas.</DELETED> <DELETED> (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, all coastal ecosystems.</DELETED> <DELETED> (4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared interstate and regional priorities relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions.</DELETED> <DELETED> (5) To empower States to take a lead role in managing oceans and coasts.</DELETED> <DELETED> (6) To incorporate Tribal interests in the management of oceans and coasts and provide funding to support Tribal ocean and coastal resiliency activities in coordination with Regional Ocean Partnerships.</DELETED> <DELETED> (7) To enable Regional Ocean Partnerships, or designated fiscal management entities of such partnerships, to receive Federal funding to conduct the scientific research, conservation and restoration activities, and priority coordination on shared regional priorities necessary to achieve the purposes described in paragraphs (1) through (6).</DELETED> <DELETED>SEC. 3. REGIONAL OCEAN PARTNERSHIPS.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration.</DELETED> <DELETED> (2) Coastal state.--The term ``coastal state'' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).</DELETED> <DELETED> (3) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304).</DELETED> <DELETED> (4) Institution of higher education.--The term ``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).</DELETED> <DELETED> (b) Regional Ocean Partnerships.--</DELETED> <DELETED> (1) In general.--A coastal state may participate in a Regional Ocean Partnership with one or more other coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous.</DELETED> <DELETED> (2) Application.--The Governor of a coastal state or the Governors of a group of coastal states may apply to the Secretary of Commerce, on behalf of a partnership, for the partnership to receive designation as a Regional Ocean Partnership if the partnership--</DELETED> <DELETED> (A) meets the requirements under paragraph (3); and</DELETED> <DELETED> (B) submits an application for such designation in such manner, in such form, and containing such information as the Secretary may require.</DELETED> <DELETED> (3) Requirements.--A partnership is eligible for designation as a Regional Ocean Partnership by the Secretary under paragraph (2) if the partnership--</DELETED> <DELETED> (A) is established to coordinate the interstate management of ocean and coastal resources;</DELETED> <DELETED> (B) focuses on the environmental issues affecting the ocean and coastal areas of the members participating in the partnership;</DELETED> <DELETED> (C) complements existing State coastal and ocean management efforts on an interstate scale, focusing on shared regional priorities;</DELETED> <DELETED> (D) does not have a regulatory function; and</DELETED> <DELETED> (E) is not duplicative of an existing Regional Ocean Partnership designated under paragraph (4), as determined by the Secretary.</DELETED> <DELETED> (4) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (2) or (3), the following entities are designated as Regional Ocean Partnerships:</DELETED> <DELETED> (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas.</DELETED> <DELETED> (B) The Northeast Regional Ocean Council, comprised of the States of Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island.</DELETED> <DELETED> (C) The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia.</DELETED> <DELETED> (D) The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein.</DELETED> <DELETED> (c) Governing Bodies of Regional Ocean Partnerships.-- </DELETED> <DELETED> (1) In general.--A Regional Ocean Partnership designated under subsection (b) shall be governed by a governing body.</DELETED> <DELETED> (2) Membership.--A governing body described in paragraph (1)--</DELETED> <DELETED> (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and</DELETED> <DELETED> (B) may include such other members as the partnership considers appropriate.</DELETED> <DELETED> (d) Functions.--A Regional Ocean Partnership designated under subsection (b) may perform the following functions:</DELETED> <DELETED> (1) Promote coordination of the actions of the agencies of coastal states participating in the partnership with the actions of the appropriate officials of Federal agencies and State and Tribal governments in developing strategies--</DELETED> <DELETED> (A) to conserve living resources, increase valuable habitats, enhance coastal resilience and ocean management, promote ecological and economic health, and address such other issues related to the shared ocean or coastal area as are determined to be a shared, regional priority by those states; and</DELETED> <DELETED> (B) to manage regional data portals and develop associated data products for purposes that support the priorities of the partnership.</DELETED> <DELETED> (2) In cooperation with appropriate Federal and State agencies, Tribal governments, and local authorities, develop and implement specific action plans to carry out coordination goals.</DELETED> <DELETED> (3) Coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the goals of the partnership through the provision of grants and contracts under subsection (f).</DELETED> <DELETED> (4) Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions.</DELETED> <DELETED> (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean and coastal areas, as relevant.</DELETED> <DELETED> (6) Develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to cross-jurisdictional issues being addressed through the coordinated activities of the partnership.</DELETED> <DELETED> (7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership.</DELETED> <DELETED> (e) Consultation and Engagement.--A Regional Ocean Partnership designated under subsection (b) shall maintain mechanisms for consultation and engagement with the following:</DELETED> <DELETED> (1) The Federal Government.</DELETED> <DELETED> (2) Tribal governments.</DELETED> <DELETED> (3) Nongovernmental entities, including academic organizations, nonprofit organizations, and businesses.</DELETED> <DELETED> (f) Grants and Contracts.--</DELETED> <DELETED> (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency provide grants and enter into contracts for the purposes described in paragraph (2).</DELETED> <DELETED> (2) Purposes.--The purposes described in this paragraph include any of the following:</DELETED> <DELETED> (A) Monitoring the water quality and living resources of multi-State ocean and coastal ecosystems and coastal communities.</DELETED> <DELETED> (B) Researching and addressing the effects of natural and human-induced environmental changes on-- </DELETED> <DELETED> (i) ocean and coastal ecosystems; and</DELETED> <DELETED> (ii) coastal communities.</DELETED> <DELETED> (C) Developing and executing cooperative strategies that--</DELETED> <DELETED> (i) address regional data issues identified by the partnership; and</DELETED> <DELETED> (ii) will result in more effective management of common ocean and coastal areas.</DELETED> <DELETED> (g) Report Required.--</DELETED> <DELETED> (1) In general.--Not later than 5 years after the date of the enactment of this Act, the Administrator, in coordination with the Regional Ocean Partnerships designated under subsection (b), shall submit to Congress a report on the partnerships.</DELETED> <DELETED> (2) Report requirements.--The report required by paragraph (1) shall include the following:</DELETED> <DELETED> (A) An assessment of the overall status of the work of the Regional Ocean Partnerships designated under subsection (b).</DELETED> <DELETED> (B) An assessment of the effectiveness of the partnerships in supporting regional priorities relating to the management of common ocean and coastal areas.</DELETED> <DELETED> (C) An identification of any duplication of efforts between the partnerships and other entities.</DELETED> <DELETED> (D) An assessment of the benefits and costs of the partnerships.</DELETED> <DELETED> (E) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies.</DELETED> <DELETED> (F) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this Act.</DELETED> <DELETED> (G) Such recommendations as the Administrator may have for improving--</DELETED> <DELETED> (i) efforts of the partnerships to support the purposes of this Act; and</DELETED> <DELETED> (ii) collective strategies that support the purposes of this Act in coordination and consultation with all relevant Federal, State, and Tribal entities.</DELETED> <DELETED> (H) The distribution of funds from each partnership for each fiscal year covered by the report.</DELETED> <DELETED> (h) Availability of Federal Funds.--In addition to amounts made available to the Regional Ocean Partnerships designated under subsection (b) by the Administrator under this section, the head of any other Federal agency may provide grants to, enter into contracts with, or otherwise provide funding to such partnerships.</DELETED> <DELETED> (i) Authorities.--Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the Regional Ocean Partnerships designated under subsection (b), other than--</DELETED> <DELETED> (1) the authority of the Administrator to provide amounts to the partnerships; and</DELETED> <DELETED> (2) the authority of the partnerships to provide grants and enter into contracts under subsection (f).</DELETED> <DELETED> (j) Funding.--</DELETED> <DELETED> (1) Regional ocean partnerships.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act:</DELETED> <DELETED> (A) $10,100,000 for fiscal year 2022.</DELETED> <DELETED> (B) $10,202,000 for fiscal year 2023.</DELETED> <DELETED> (C) $10,306,040 for fiscal year 2024.</DELETED> <DELETED> (D) $10,412,160 for fiscal year 2025.</DELETED> <DELETED> (E) $10,520,404 for fiscal year 2026.</DELETED> <DELETED> (2) Distribution of amounts.--Amounts made available under paragraph (1) shall be divided evenly among the Regional Ocean Partnerships designated under subsection (b).</DELETED> <DELETED> (3) Tribal consultation.--There is authorized to be appropriated to the National Oceanic and Atmospheric Administration $1,000,000 for each of fiscal years 2022 through 2026 for Indian Tribes to be distributed for purposes of participation in or engagement with the Regional Ocean Partnerships.</DELETED> <DELETED> (4) Derivation.--Funds to carry out the activities under this Act shall be derived from amounts authorized to be appropriated pursuant to paragraphs (1) and (3) that are appropriated after the date of the enactment of this Act.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Regional Ocean Partnership Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. (a) Findings.--Congress makes the following findings: (1) The ocean and coastal waters and the Great Lakes of the United States are foundational to the economy, security, global competitiveness, and well-being of the United States and continuously serve the people of the United States and other countries as an important source of food, energy, economic productivity, recreation, beauty, and enjoyment. (2) Over many years, the resource productivity and water quality of the ocean, coastal, and Great Lakes areas of the United States have been diminished by pollution, increasing population demands, economic development, and natural and man- made hazard events, both acute and chronic. (3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. (4) Indian Tribes have unique expertise and knowledge important for the stewardship of the ocean and coastal waters and the Great Lakes of the United States. (b) Sense of Congress.--It is the sense of Congress that-- (1) the United States should seek to support interstate coordination of shared regional priorities relating to the management, conservation, resilience, and restoration of ocean, coastal, and Great Lakes areas to maximize efficiencies through collaborative regional efforts by Regional Ocean Partnerships, in coordination with Federal and State agencies, Indian Tribes, and local authorities; (2) such efforts would enhance existing and effective ocean, coastal, and Great Lakes management efforts of States and Indian Tribes based on shared regional priorities; and (3) Regional Ocean Partnerships should coordinate with Indian Tribes. (c) Purposes.--The purposes of this Act are as follows: (1) To complement and expand cooperative voluntary efforts intended to manage, conserve, and restore ocean, coastal, and Great Lakes areas spanning across multiple State and Indian Tribe jurisdictions. (2) To expand Federal support for monitoring, data management, restoration, research, and conservation activities in ocean, coastal, and Great Lakes areas. (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. (4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared regional priorities among States and Indian Tribes relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions. (5) To empower States to take a lead role in managing oceans, coastal, and Great Lakes areas. (6) To incorporate rights of Indian Tribes in the management of oceans, coasts, and Great Lakes resources and provide resources to support Indian Tribe participation in and engagement with Regional Ocean Partnerships. (7) To enable Regional Ocean Partnerships, or designated fiscal management entities of such partnerships, to receive Federal funding to conduct the scientific research, conservation and restoration activities, and priority coordination on shared regional priorities necessary to achieve the purposes described in paragraphs (1) through (6). SEC. 3. REGIONAL OCEAN PARTNERSHIPS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). (3) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (4) Regional ocean partnership.--The term ``Regional Ocean Partnership'' means a Regional Ocean Partnership, a Regional Coastal Partnership, or a Regional Great Lakes Partnership. (b) Regional Ocean Partnerships.-- (1) In general.--A coastal state may participate in a Regional Ocean Partnership with one or more-- (A) coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous; and (B) States-- (i) with which the coastal state shares a common watershed; or (ii) that would contribute to the priorities of the partnership. (2) Great lakes.--A partnership consisting of one or more coastal states bordering one or more of the Great Lakes may be known as a ``Regional Coastal Partnership'' or a ``Regional Great Lakes Partnership''. (3) Application.--The Governor of a coastal state or the Governors of a group of coastal states may apply to the Secretary of Commerce, on behalf of a partnership, for the partnership to receive designation as a Regional Ocean Partnership if the partnership-- (A) meets the requirements under paragraph (4); and (B) submits an application for such designation in such manner, in such form, and containing such information as the Secretary may require. (4) Requirements.--A partnership is eligible for designation as a Regional Ocean Partnership by the Secretary under paragraph (3) if the partnership-- (A) is established to coordinate the management of ocean, coastal, and Great Lakes resources among State governments and Indian Tribes; (B) focuses on the environmental issues affecting the ocean, coastal, and Great Lakes areas of the members participating in the partnership; (C) complements existing coastal and ocean management efforts of States and Indian Tribes on an interstate scale, focusing on shared regional priorities; (D) does not have a regulatory function; and (E) is not duplicative of an existing Regional Ocean Partnership designated under paragraph (5), as determined by the Secretary. (5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. (B) The Northeast Regional Ocean Council, comprised of the States of Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island. (C) The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia. (D) The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein. (c) Governing Bodies of Regional Ocean Partnerships.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) shall have a governing body. (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. (d) Functions.--A Regional Ocean Partnership designated under subsection (b) may perform the following functions: (1) Promote coordination of the actions of the agencies of coastal states participating in the partnership with the actions of the appropriate officials of Federal agencies, State governments, and Indian Tribes in developing strategies-- (A) to conserve living resources, increase valuable habitats, enhance coastal resilience and ocean management, promote ecological and economic health, and address such other issues related to the shared ocean, coastal, or Great Lakes areas as are determined to be a shared, regional priority by those states; and (B) to manage regional data portals and develop associated data products for purposes that support the priorities of the partnership. (2) In cooperation with appropriate Federal and State agencies, Indian Tribes, and local authorities, develop and implement specific action plans to carry out coordination goals. (3) Coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the goals of the partnership through the provision of grants and contracts under subsection (f). (4) Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions. (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. (6) Develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to cross-jurisdictional issues being addressed through the coordinated activities of the partnership. (7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. (e) Coordination, Consultation, and Engagement.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) shall maintain mechanisms for coordination, consultation, and engagement with the following: (A) The Federal Government. (B) Indian Tribes. (C) Nongovernmental entities, including academic organizations, nonprofit organizations, and private sector entities. (D) Other federally mandated regional entities, including the Regional Fishery Management Councils, the regional associations of the National Integrated Coastal and Ocean Observation System, and relevant Marine Fisheries Commissions. (2) Rule of construction.--Nothing in paragraph (1)(B) may be construed as affecting any requirement to consult with Indian Tribes under Executive Order 13175 (25 U.S.C. 5301 note; relating to consultation and coordination with Indian tribal governments) or any other applicable law or policy. (f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). (2) Purposes.--The purposes described in this paragraph include any of the following: (A) Monitoring the water quality and living resources of multi-State ocean and coastal ecosystems and coastal communities. (B) Researching and addressing the effects of natural and human-induced environmental changes on-- (i) ocean and coastal ecosystems; and (ii) coastal communities. (C) Developing and executing cooperative strategies that-- (i) address regional data issues identified by the partnership; and (ii) will result in more effective management of common ocean and coastal areas. (g) Report Required.-- (1) In general.--Not later than 5 years after the date of the enactment of this Act, the Administrator, in coordination with the Regional Ocean Partnerships designated under subsection (b), shall submit to Congress a report on the partnerships. (2) Report requirements.--The report required by paragraph (1) shall include the following: (A) An assessment of the overall status of the work of the Regional Ocean Partnerships designated under subsection (b). (B) An assessment of the effectiveness of the partnerships in supporting regional priorities relating to the management of common ocean, coastal, and Great Lakes areas. (C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. (D) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this Act. (E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. (F) The distribution of funds from each partnership for each fiscal year covered by the report. (h) Availability of Federal Funds.--In addition to amounts made available to the Regional Ocean Partnerships designated under subsection (b) by the Administrator under this section, the head of any other Federal agency may provide grants to, enter into contracts with, or otherwise provide funding to such partnerships. (i) Authorities.--Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the Regional Ocean Partnerships designated under subsection (b), other than-- (1) the authority of the Administrator to provide amounts to the partnerships; and (2) the authority of the partnerships to provide grants and enter into contracts under subsection (f). (j) Funding.-- (1) Regional ocean partnerships.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act: (A) $10,100,000 for fiscal year 2022. (B) $10,202,000 for fiscal year 2023. (C) $10,306,040 for fiscal year 2024. (D) $10,412,160 for fiscal year 2025. (E) $10,520,404 for fiscal year 2026. (2) Distribution of amounts.--Amounts made available under paragraph (1) shall be divided evenly among the Regional Ocean Partnerships designated under subsection (b). (3) Indian tribe participation .--There is authorized to be appropriated to the National Oceanic and Atmospheric Administration $1,000,000 for each of fiscal years 2022 through 2026 for Indian Tribes to be distributed for purposes of participation in or engagement with the Regional Ocean Partnerships. (4) Derivation.--Funds to carry out the activities under this Act shall be derived from amounts authorized to be appropriated pursuant to paragraphs (1) and (3) that are appropriated after the date of the enactment of this Act. Calendar No. 217 117th CONGRESS 1st Session S. 1894 _______________________________________________________________________

Regional Ocean Partnership Act

A bill to designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes.

Regional Ocean Partnership Act Regional Ocean Partnership Act

Sen. Wicker, Roger F.

R

MS

This bill allows the National Oceanic and Atmospheric Administration (NOAA) to designate and support Regional Ocean Partnerships between coastal states that share a common ocean or coastal area or border the Great Lakes. It also allows partnerships between coastal states and non-coastal states that share a common watershed or would contribute to the priorities of the partnership. Specifically, NOAA may designate a partnership as a Regional Ocean Partnership if it (1) is established to coordinate the management of ocean, coastal, and Great Lakes resources among state governments and Indian tribes; (2) focuses on the environmental issues affecting the ocean, coastal, and Great Lakes areas of the coastal states participating in the partnership; (3) complements existing coastal and ocean management efforts of states and Indian tribes on an interstate scale, focusing on shared regional priorities; (4) does not have a regulatory function; and (5) is not duplicative of an existing Regional Ocean Partnership. The bill designates the following entities as Regional Ocean Partnerships: Each partnership must maintain mechanisms for coordination, consultation and engagement with the federal government, Indian tribes, nongovernmental entities, and other federally mandated regional entities. A partnership may use provided federal funds to award grants and enter into contracts for certain purposes, including to monitor the water quality and living resources of multistate ocean and coastal ecosystems.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Regional Ocean Partnership Act''.</DELETED> <DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. (2) To expand Federal support for monitoring, data management, restoration, research, and conservation activities in ocean, coastal, and Great Lakes areas. (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. 3. REGIONAL OCEAN PARTNERSHIPS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. (C) The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia. (2) In cooperation with appropriate Federal and State agencies, Indian Tribes, and local authorities, develop and implement specific action plans to carry out coordination goals. (4) Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions. (7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. (e) Coordination, Consultation, and Engagement.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) shall maintain mechanisms for coordination, consultation, and engagement with the following: (A) The Federal Government. (B) Indian Tribes. (C) Nongovernmental entities, including academic organizations, nonprofit organizations, and private sector entities. (f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). (C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. (D) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this Act. (F) The distribution of funds from each partnership for each fiscal year covered by the report. (D) $10,412,160 for fiscal year 2025. (4) Derivation.--Funds to carry out the activities under this Act shall be derived from amounts authorized to be appropriated pursuant to paragraphs (1) and (3) that are appropriated after the date of the enactment of this Act.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Regional Ocean Partnership Act''.</DELETED> <DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. (2) To expand Federal support for monitoring, data management, restoration, research, and conservation activities in ocean, coastal, and Great Lakes areas. (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. 3. REGIONAL OCEAN PARTNERSHIPS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. (C) The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia. (2) In cooperation with appropriate Federal and State agencies, Indian Tribes, and local authorities, develop and implement specific action plans to carry out coordination goals. (7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. (e) Coordination, Consultation, and Engagement.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) shall maintain mechanisms for coordination, consultation, and engagement with the following: (A) The Federal Government. (B) Indian Tribes. (C) Nongovernmental entities, including academic organizations, nonprofit organizations, and private sector entities. (C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. (D) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this Act. (F) The distribution of funds from each partnership for each fiscal year covered by the report. (D) $10,412,160 for fiscal year 2025. (4) Derivation.--Funds to carry out the activities under this Act shall be derived from amounts authorized to be appropriated pursuant to paragraphs (1) and (3) that are appropriated after the date of the enactment of this Act.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Regional Ocean Partnership Act''.</DELETED> <DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. (3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. (2) To expand Federal support for monitoring, data management, restoration, research, and conservation activities in ocean, coastal, and Great Lakes areas. (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. 3. REGIONAL OCEAN PARTNERSHIPS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 5304). (3) Application.--The Governor of a coastal state or the Governors of a group of coastal states may apply to the Secretary of Commerce, on behalf of a partnership, for the partnership to receive designation as a Regional Ocean Partnership if the partnership-- (A) meets the requirements under paragraph (4); and (B) submits an application for such designation in such manner, in such form, and containing such information as the Secretary may require. (C) The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia. (D) The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein. (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. (2) In cooperation with appropriate Federal and State agencies, Indian Tribes, and local authorities, develop and implement specific action plans to carry out coordination goals. (4) Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions. (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. (6) Develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to cross-jurisdictional issues being addressed through the coordinated activities of the partnership. (7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. (e) Coordination, Consultation, and Engagement.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) shall maintain mechanisms for coordination, consultation, and engagement with the following: (A) The Federal Government. (B) Indian Tribes. (C) Nongovernmental entities, including academic organizations, nonprofit organizations, and private sector entities. 5301 note; relating to consultation and coordination with Indian tribal governments) or any other applicable law or policy. (f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). (B) Researching and addressing the effects of natural and human-induced environmental changes on-- (i) ocean and coastal ecosystems; and (ii) coastal communities. (C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. (D) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this Act. (F) The distribution of funds from each partnership for each fiscal year covered by the report. (B) $10,202,000 for fiscal year 2023. (D) $10,412,160 for fiscal year 2025. (4) Derivation.--Funds to carry out the activities under this Act shall be derived from amounts authorized to be appropriated pursuant to paragraphs (1) and (3) that are appropriated after the date of the enactment of this Act.

SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Regional Ocean Partnership Act''.</DELETED> <DELETED>SEC. 2. FINDINGS; SENSE OF CONGRESS; PURPOSES. (a) Findings.--Congress makes the following findings: (1) The ocean and coastal waters and the Great Lakes of the United States are foundational to the economy, security, global competitiveness, and well-being of the United States and continuously serve the people of the United States and other countries as an important source of food, energy, economic productivity, recreation, beauty, and enjoyment. (2) Over many years, the resource productivity and water quality of the ocean, coastal, and Great Lakes areas of the United States have been diminished by pollution, increasing population demands, economic development, and natural and man- made hazard events, both acute and chronic. (3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. (c) Purposes.--The purposes of this Act are as follows: (1) To complement and expand cooperative voluntary efforts intended to manage, conserve, and restore ocean, coastal, and Great Lakes areas spanning across multiple State and Indian Tribe jurisdictions. (2) To expand Federal support for monitoring, data management, restoration, research, and conservation activities in ocean, coastal, and Great Lakes areas. (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. (4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared regional priorities among States and Indian Tribes relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions. 3. REGIONAL OCEAN PARTNERSHIPS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). 5304). (3) Application.--The Governor of a coastal state or the Governors of a group of coastal states may apply to the Secretary of Commerce, on behalf of a partnership, for the partnership to receive designation as a Regional Ocean Partnership if the partnership-- (A) meets the requirements under paragraph (4); and (B) submits an application for such designation in such manner, in such form, and containing such information as the Secretary may require. (B) The Northeast Regional Ocean Council, comprised of the States of Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island. (C) The Mid-Atlantic Regional Council on the Ocean, comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia. (D) The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein. (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. (2) In cooperation with appropriate Federal and State agencies, Indian Tribes, and local authorities, develop and implement specific action plans to carry out coordination goals. (4) Engage, coordinate, and collaborate with relevant governmental entities and stakeholders to address ocean and coastal related matters that require interagency or intergovernmental solutions. (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. (6) Develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to cross-jurisdictional issues being addressed through the coordinated activities of the partnership. (7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. (e) Coordination, Consultation, and Engagement.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) shall maintain mechanisms for coordination, consultation, and engagement with the following: (A) The Federal Government. (B) Indian Tribes. (C) Nongovernmental entities, including academic organizations, nonprofit organizations, and private sector entities. 5301 note; relating to consultation and coordination with Indian tribal governments) or any other applicable law or policy. (f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). (B) Researching and addressing the effects of natural and human-induced environmental changes on-- (i) ocean and coastal ecosystems; and (ii) coastal communities. (C) Developing and executing cooperative strategies that-- (i) address regional data issues identified by the partnership; and (ii) will result in more effective management of common ocean and coastal areas. (C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. (D) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this Act. (F) The distribution of funds from each partnership for each fiscal year covered by the report. (B) $10,202,000 for fiscal year 2023. (D) $10,412,160 for fiscal year 2025. (E) $10,520,404 for fiscal year 2026. (4) Derivation.--Funds to carry out the activities under this Act shall be derived from amounts authorized to be appropriated pursuant to paragraphs (1) and (3) that are appropriated after the date of the enactment of this Act. Calendar No.

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Regional Ocean Partnership Act''. 3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. ( c) Purposes.--The purposes of this Act are as follows: (1) To complement and expand cooperative voluntary efforts intended to manage, conserve, and restore ocean, coastal, and Great Lakes areas spanning across multiple State and Indian Tribe jurisdictions. ( 3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. ( (5) To empower States to take a lead role in managing oceans, coastal, and Great Lakes areas. ( 3) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (b) Regional Ocean Partnerships.-- (1) In general.--A coastal state may participate in a Regional Ocean Partnership with one or more-- (A) coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous; and (B) States-- (i) with which the coastal state shares a common watershed; or (ii) that would contribute to the priorities of the partnership. ( 2) Great lakes.--A partnership consisting of one or more coastal states bordering one or more of the Great Lakes may be known as a ``Regional Coastal Partnership'' or a ``Regional Great Lakes Partnership''. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( D) The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein. ( (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. ( 3) Coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the goals of the partnership through the provision of grants and contracts under subsection (f). ( (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( 7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. ( (f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). ( 2) Report requirements.--The report required by paragraph (1) shall include the following: (A) An assessment of the overall status of the work of the Regional Ocean Partnerships designated under subsection (b). ( (C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. ( E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( (j) Funding.-- (1) Regional ocean partnerships.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act: (A) $10,100,000 for fiscal year 2022. ( E) $10,520,404 for fiscal year 2026. (

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Regional Ocean Partnership Act''. 3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. ( (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. ( 4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared regional priorities among States and Indian Tribes relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions. ( REGIONAL OCEAN PARTNERSHIPS. ( (2) Great lakes.--A partnership consisting of one or more coastal states bordering one or more of the Great Lakes may be known as a ``Regional Coastal Partnership'' or a ``Regional Great Lakes Partnership''. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. ( 5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( (D) Other federally mandated regional entities, including the Regional Fishery Management Councils, the regional associations of the National Integrated Coastal and Ocean Observation System, and relevant Marine Fisheries Commissions. ( f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). ( C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. ( (E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( i) Authorities.--Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the Regional Ocean Partnerships designated under subsection (b), other than-- (1) the authority of the Administrator to provide amounts to the partnerships; and (2) the authority of the partnerships to provide grants and enter into contracts under subsection (f). ( E) $10,520,404 for fiscal year 2026. ( 217 117th CONGRESS 1st Session S. 1894 _______________________________________________________________________

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Regional Ocean Partnership Act''. 3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. ( (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. ( 4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared regional priorities among States and Indian Tribes relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions. ( REGIONAL OCEAN PARTNERSHIPS. ( (2) Great lakes.--A partnership consisting of one or more coastal states bordering one or more of the Great Lakes may be known as a ``Regional Coastal Partnership'' or a ``Regional Great Lakes Partnership''. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. ( 5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( (D) Other federally mandated regional entities, including the Regional Fishery Management Councils, the regional associations of the National Integrated Coastal and Ocean Observation System, and relevant Marine Fisheries Commissions. ( f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). ( C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. ( (E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( i) Authorities.--Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the Regional Ocean Partnerships designated under subsection (b), other than-- (1) the authority of the Administrator to provide amounts to the partnerships; and (2) the authority of the partnerships to provide grants and enter into contracts under subsection (f). ( E) $10,520,404 for fiscal year 2026. ( 217 117th CONGRESS 1st Session S. 1894 _______________________________________________________________________

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Regional Ocean Partnership Act''. 3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. ( c) Purposes.--The purposes of this Act are as follows: (1) To complement and expand cooperative voluntary efforts intended to manage, conserve, and restore ocean, coastal, and Great Lakes areas spanning across multiple State and Indian Tribe jurisdictions. ( 3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. ( (5) To empower States to take a lead role in managing oceans, coastal, and Great Lakes areas. ( 3) Indian tribe.--The term ``Indian Tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). ( (b) Regional Ocean Partnerships.-- (1) In general.--A coastal state may participate in a Regional Ocean Partnership with one or more-- (A) coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous; and (B) States-- (i) with which the coastal state shares a common watershed; or (ii) that would contribute to the priorities of the partnership. ( 2) Great lakes.--A partnership consisting of one or more coastal states bordering one or more of the Great Lakes may be known as a ``Regional Coastal Partnership'' or a ``Regional Great Lakes Partnership''. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( D) The West Coast Ocean Alliance, comprised of the States of California, Oregon, and Washington and the coastal Indian Tribes therein. ( (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. ( 3) Coordinate and implement priority plans and projects, and facilitate science, research, modeling, monitoring, data collection, and other activities that support the goals of the partnership through the provision of grants and contracts under subsection (f). ( (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( 7) Serve as a liaison with, and provide information to, international counterparts, as appropriate on priority issues for the partnership. ( (f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). ( 2) Report requirements.--The report required by paragraph (1) shall include the following: (A) An assessment of the overall status of the work of the Regional Ocean Partnerships designated under subsection (b). ( (C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. ( E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( (j) Funding.-- (1) Regional ocean partnerships.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act: (A) $10,100,000 for fiscal year 2022. ( E) $10,520,404 for fiscal year 2026. (

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. This Act may be cited as the ``Regional Ocean Partnership Act''. 3) The ocean, coastal, and Great Lakes areas of the United States are managed by State and Federal resource agencies and Indian Tribes and regulated on an interstate and regional scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance regional priorities, including the ecological and economic health of those areas. ( (3) To commit the United States to a comprehensive cooperative program to achieve improved water quality in, and improvements in the productivity of living resources of, oceans, coastal, and Great Lakes ecosystems. ( 4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared regional priorities among States and Indian Tribes relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support in the ocean and coastal regions. ( REGIONAL OCEAN PARTNERSHIPS. ( (2) Great lakes.--A partnership consisting of one or more coastal states bordering one or more of the Great Lakes may be known as a ``Regional Coastal Partnership'' or a ``Regional Great Lakes Partnership''. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( (2) Membership.--A governing body described in paragraph (1)-- (A) shall be comprised, at a minimum, of voting members from each coastal state participating in the Regional Ocean Partnership, designated by the Governor of the coastal state; and (B) may include such other members as the partnership considers appropriate. ( 5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( (D) Other federally mandated regional entities, including the Regional Fishery Management Councils, the regional associations of the National Integrated Coastal and Ocean Observation System, and relevant Marine Fisheries Commissions. ( f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). ( C) An assessment of the effectiveness of the strategies that the partnerships are supporting or implementing and the extent to which the priority needs of the regions covered by the partnerships are being met through such strategies. ( (E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( i) Authorities.--Nothing in this section establishes any new legal or regulatory authority of the National Oceanic and Atmospheric Administration or of the Regional Ocean Partnerships designated under subsection (b), other than-- (1) the authority of the Administrator to provide amounts to the partnerships; and (2) the authority of the partnerships to provide grants and enter into contracts under subsection (f). ( E) $10,520,404 for fiscal year 2026. ( 217 117th CONGRESS 1st Session S. 1894 _______________________________________________________________________

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. 5) To empower States to take a lead role in managing oceans, coastal, and Great Lakes areas. ( ( (b) Regional Ocean Partnerships.-- (1) In general.--A coastal state may participate in a Regional Ocean Partnership with one or more-- (A) coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous; and (B) States-- (i) with which the coastal state shares a common watershed; or (ii) that would contribute to the priorities of the partnership. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( ( (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( (j) Funding.-- (1) Regional ocean partnerships.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act: (A) $10,100,000 for fiscal year 2022. ( E) $10,520,404 for fiscal year 2026. (

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. REGIONAL OCEAN PARTNERSHIPS. ( ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( ( ( f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). ( E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. (

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. 5) To empower States to take a lead role in managing oceans, coastal, and Great Lakes areas. ( ( (b) Regional Ocean Partnerships.-- (1) In general.--A coastal state may participate in a Regional Ocean Partnership with one or more-- (A) coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous; and (B) States-- (i) with which the coastal state shares a common watershed; or (ii) that would contribute to the priorities of the partnership. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( ( (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( (j) Funding.-- (1) Regional ocean partnerships.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act: (A) $10,100,000 for fiscal year 2022. ( E) $10,520,404 for fiscal year 2026. (

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. REGIONAL OCEAN PARTNERSHIPS. ( ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( ( ( f) Grants and Contracts.-- (1) In general.--A Regional Ocean Partnership designated under subsection (b) may, in coordination with existing Federal and State management programs, from amounts made available to the partnership by the Administrator or the head of another Federal agency, provide grants and enter into contracts for the purposes described in paragraph (2). ( E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. (

To designate Regional Ocean Partnerships of the National Oceanic and Atmospheric Administration, and for other purposes. 5) To empower States to take a lead role in managing oceans, coastal, and Great Lakes areas. ( ( (b) Regional Ocean Partnerships.-- (1) In general.--A coastal state may participate in a Regional Ocean Partnership with one or more-- (A) coastal states that share a common ocean or coastal area with the coastal state, without regard to whether the coastal states are contiguous; and (B) States-- (i) with which the coastal state shares a common watershed; or (ii) that would contribute to the priorities of the partnership. ( 5) Designation of certain entities as regional ocean partnerships.--Notwithstanding paragraph (3) or (4), the following entities are designated as Regional Ocean Partnerships: (A) The Gulf of Mexico Alliance, comprised of the States of Alabama, Florida, Louisiana, Mississippi, and Texas. ( ( (5) Implement outreach programs for public information, education, and participation to foster stewardship of the resources of the ocean, coastal, and Great Lakes areas, as relevant. ( E) Such recommendations as the Administrator may have for improving-- (i) efforts of the partnerships to support the purposes of this Act; and (ii) collective strategies that support the purposes of this Act in coordination with all relevant Federal and State entities and Indian Tribes. ( (j) Funding.-- (1) Regional ocean partnerships.--There are authorized to be appropriated to the National Oceanic and Atmospheric Administration the following amounts to be made available to the Regional Ocean Partnerships designated under subsection (b) or designated fiscal management entities of such partnerships to carry out activities of the partnerships under this Act: (A) $10,100,000 for fiscal year 2022. ( E) $10,520,404 for fiscal year 2026. (

S.4010

Law

21st Century Courts Act of 2022 This bill provides for the establishment of a code of conduct for Supreme Court Justices, judges of the courts of appeals, judges of the district courts, and judges of the Court of International Trade. The bill also requires court proceedings to be recorded and published on the internet.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Courts Act of 2022''. SEC. 2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES. (a) In General.--Chapter 16 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 365. Codes of conduct ``(a) Not later than 180 days after the date of the enactment of this section-- ``(1) the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment, issue a code of conduct for the justices of the Supreme Court; and ``(2) the Judicial Conference of the United States shall issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. ``(b) If the Supreme Court of the United States fails to comply with subsection (a), the code of conduct for justices of the Supreme Court shall consist of the Code of Conduct for United States Judges, as in effect on the date of enactment of this section. ``(c) The Supreme Court of the United States and the Judicial Conference may modify the applicable codes of conduct under this section after giving appropriate public notice and opportunity for comment.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 16 of title 28, United States Code, is amended by adding at the end the following: ``365. Codes of conduct.''. SEC. 3. DISQUALIFICATION OF FEDERAL JUDGES. Section 455 of title 28, United States Code, is amended-- (1) in subsection (a), by inserting ``bankruptcy judge,'' after ``judge,''; (2) in subsection (b), by adding at the end the following: ``(6) Where the justice, judge bankruptcy judge, or magistrate judge of the United States received, during the 6- year period ending on the date on which the judge was assigned to the proceeding, income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) from a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding. ``(7) Where a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding made any lobbying contact or spent substantial funds in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States. ``(8) Where the justice, judge, bankruptcy judge, or magistrate judge of the United States, their spouse, child, or spouse of their child has, during the 6-year period ending on the date on which the justice, judge, bankruptcy judge, or magistrate judge of the United States was assigned to the proceeding-- ``(A) received income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) from, or been employed or volunteered for more than 6 consecutive months in an official supervisory or advisory capacity for a party to the proceeding, a lawyer in the proceeding, or an affiliate of a party or law firm in the proceeding; or ``(B) been employed or volunteered for more than 6 consecutive months in an official supervisory or advisory capacity alongside a lawyer in the proceeding.''; (3) by striking subsection (c) and inserting the following: ``(c) A justice, judge, bankruptcy judge, or magistrate judge of the United States shall be informed about-- ``(1) the personal and fiduciary financial interests of the justice, judge, bankruptcy judge, or magistrate judge of the United States; ``(2) the personal financial interests of the spouse and minor children residing in the household of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and ``(3) any interest that could be substantially affected by the outcome of the proceeding.''; (4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. Whether an entity is an affiliate of another shall be determined under the totality of the circumstances, including-- ``(A) whether the entities share employees, board members, or officers; ``(B) whether the entities share facilities or mailing addresses; ``(C) whether the entities are related organizations, as defined by the Internal Revenue Service; and ``(D) any indicia that the 2 entities are alter egos or otherwise effectively the same organization regardless of tax status or corporate form; ``(7) `substantial funds' means an amount of money that a reasonable person would consider to be significant based on the totality of circumstances, including-- ``(A) the proportion of funds spent relative to the revenues or expenditures of the individual or entity; ``(B) the proportion of funds spent relative to other known spending in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and ``(C) any other objective indicia of the significance of the financial support of the individual or entity for the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States.''; (5) in subsection (e)-- (A) by adding ``bankruptcy judge,'' after ``judge,''; (B) in the first sentence, by inserting ``, unless the ground for disqualification arises under paragraph (7) of that subsection'' before the period at the end; and (C) after the second sentence, by adding ``Where the ground for disqualification arises only under subsection (b)(7), waiver may be accepted only if offered by all parties to the proceeding.''; (6) in subsection (f), by inserting ``under subsection (b)(4)'' after ``disqualified''; and (7) by adding at the end the following: ``(g) If a justice, judge, bankruptcy judge, or magistrate judge learns that a condition requiring disqualification under this section is present, the justice, judge, bankruptcy judge, or magistrate judge shall-- ``(1) immediately notify all parties to the proceeding; and ``(2) include the notification required under paragraph (1) in the official record of the proceeding. ``(h)(1) A justice, judge, bankruptcy judge, or magistrate judge shall grant or certify to a reviewing panel a timely motion filed by a party to the proceeding that is accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice, judge, bankruptcy judge, or magistrate judge is required under this section or any other Federal law. ``(2) A reviewing panel described in paragraph (1) shall be selected at random from judges of the United States who do not sit on the same court as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion or as the other members of the reviewing panel. No more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion. ``(3) The Supreme Court of the United States shall be the reviewing panel for a motion seeking to disqualify a justice. ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. SEC. 4. CONFLICTS RELATED TO AMICI CURIAE. (a) In General.--Exception as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. (b) Initial Transmittal.--The Supreme Court of the United States shall transmit to Congress-- (1) the proposed rules required under subsection (a) not later than 180 days after the date of enactment of this Act; and (2) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. SEC. 5. AMICUS DISCLOSURE. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. Disclosures related to amicus activities ``(a) Definition.--In this section, the term `covered amicus' means any person, including any affiliate of the person, that files an amicus brief in a calendar year in the Supreme Court of the United States or a court of appeals of the United States. ``(b) Disclosure.-- ``(1) In general.--Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or ``(C) contributed more than $100,000 to the covered amicus in the previous calendar year. ``(2) Exceptions.--The requirements of this subsection shall not apply to amounts received by a covered amicus described in paragraph (1) in commercial transactions in the ordinary course of any trade or business conducted by the covered amicus or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in an organization if the amounts are unrelated to the amicus filing activities of the covered amicus. ``(c) Audit.--The Comptroller General of the United States shall conduct an annual audit to ensure compliance with this section. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. ``(2) Reimbursement for travel for appearances at accredited law schools.--Paragraph (1) shall not apply to reimbursement for travel for an appearance at an accredited law school. ``(e) Civil Fines.--Whoever knowingly fails to comply with any provision of this section shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. ``(f) Rules of Construction.-- ``(1) Constitutional rights.--Nothing in this section shall be construed to prohibit or interfere with-- ``(A) the right to petition the Government for the redress of grievances; ``(B) the right to express a personal opinion; or ``(C) the right of association, protected by the First Amendment to the Constitution of the United States. ``(2) Prohibition of activities.--Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. ``(g) Severability.--If any provision of this section, or the application thereof, is held invalid, the validity of the remainder of this section and the application of such provision to other persons and circumstances shall not be affected thereby.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``1660. Disclosures related to amicus activities.''. SEC. 6. JUDICIAL TRAVEL. (a) Disclosures Regarding Travel-Related Reimbursements.-- (1) In general.--Section 102(a)(2)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) by striking ``source and a brief'' and inserting ``source, and a brief''; (B) by inserting ``, including the value,'' before ``of reimbursements''; and (C) by striking ``greater and received'' and inserting ``greater, received''. (2) Periodic reports.--Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(m)(1) Not later than 30 days after completing travel in connection with which a judicial officer receives, or will receive, a reimbursement required to be reported under section 102(a)(2)(B), the judicial officer shall file a report regarding the reimbursement. ``(2) The Administrative Office of the United States Courts shall publish on a website of the Federal judiciary each report filed under paragraph (1).''. (b) Definition of Personal Hospitality of an Individual.-- (1) In general.--Section 109(14) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) by striking ``any individual' means'' and inserting the following: ``an individual'-- ``(A) means''; (B) in subparagraph (A) (as so designated)-- (i) by striking ``his family'' each place it appears and inserting ``the family of the individual''; and (ii) by adding ``and'' after the semicolon; and (C) by adding at the end the following: ``(B) with respect to a judicial officer, does not include-- ``(i) private travel on a boat or airplane owned by an individual if that travel is substituting for commercial transportation; ``(ii) any food, lodging, or entertainment provided by an individual who has (or owns or controls an entity that has) a matter pending before the court on which the judicial officer serves or before a court the decisions of which may be appealed to the court on which the judicial officer serves; ``(iii) lodging at a residence or other property that is rented to others by the individual providing the hospitality; ``(iv) hospitality provided by an individual at-- ``(I) a restaurant, nightclub, resort, hotel, or other commercial establishment; or ``(II) a private club of which the individual is a paying member; ``(v) hospitality extended by an individual, the cost of which is paid for by a corporation or organization, including a corporation or organization that is not less than 10-percent owned by the individual; or ``(vi) hospitality extended by an individual, the cost of which is reimbursed to the individual by any third party.''. (2) Certification regarding lack of reimbursement.--Section 102(a)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in subparagraph (A), by striking ``The identity'' and inserting ``Subject to subparagraphs (C) and (D), the identity''; and (B) by adding at the end the following: ``(D) A judicial officer who receives food, lodging, or entertainment that is exempted under subparagraph (A) from being reported as being food, lodging, or entertainment received as personal hospitality of an individual shall include in the report covering the period during which the food, lodging, or entertainment was received a certification that the cost of the food, lodging, or entertainment was not reimbursed by any third party.''. SEC. 7. FINANCIAL CONFLICTS OF INTEREST. Section 208 of title 18, United States Code, is amended by inserting after ``Government employee,'', ``or an officer or employee of the judicial branch of the United States Government,''. SEC. 8. VIDEO RECORDING OF COURT PROCEEDINGS. (a) Courts of Appeals.-- (1) In general.--Chapter 3 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 50. Internet publication of certain video recordings ``(a) In General.--The open proceedings of each hearing of a court of appeals shall be made available by video for public transmission over the internet-- ``(1) to the extent practicable, in real time during such hearing; and ``(2) for not fewer than 5 years after the date on which the hearing concludes. ``(b) Copyright Protection Not Available.--An audio or video recording created pursuant to the requirement under this section shall be considered a work of the United States Government for purposes of section 105 of title 17.''. (2) Technical and conforming amendment.--The table of sections for chapter 3 of title 28, United States Code, is amended by adding at the end the following: ``50. Internet publication of certain video recordings.''. (b) Supreme Court of the United States.-- (1) In general.--Chapter 1 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 7. Internet publication of certain video recordings ``(a) In General.--Each oral argument and reading of an opinion before the Supreme Court of the United States shall be made available by video for public transmission over the internet-- ``(1) on the day of such oral argument and reading; and ``(2) in real time during such oral argument and opinion reading. ``(b) Copyright Protection Not Available.--An recording created pursuant to the requirement under this section shall be considered a work of the United States Government for purposes of section 105 of title 17.''. (2) Technical and conforming amendment.--The table of sections for chapter 1 of title 28, United States Code, is amended by adding at the end the following: ``7. Internet publication of certain video recordings.''. SEC. 9. RESTRICTIONS ON SEALED COURT FILINGS. (a) In General.--Chapter 111 of title 28, United States Code, as amended by section 5 of this Act, is amended by adding at the end the following: ``Sec. 1661. Restrictions on sealing judicial records ``(a) In General.--Unless otherwise provided by law, no court may seal any judicial record or any part of a judicial record unless-- ``(1) the court finds that a compelling interest justifies abridging the right of public access to the judicial record or the part of the judicial record; ``(2) the findings and conclusions of the court are specific to each judicial record or each part of a judicial record; ``(3) the seal is narrowly tailored and lasts no longer than necessary; and ``(4) the public has been given notice and opportunity to challenge the seal. ``(b) Rules.-- ``(1) In general.--Except as provided in paragraph (2), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 to ensure that disinterested members of the public have a simplified and inexpensive process to contest a motion to seal a judicial record, to appeal an order sealing a judicial record, and to request that a judicial record be unsealed. No local rule of procedure may be less protective of the right of public access to judicial records than the rules prescribed under this subsection. Such rules shall be prescribed and submitted to the Congress pursuant to sections. ``(2) Initial transmittal.--The Supreme Court of the United States shall transmit to Congress-- ``(A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and ``(B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. ``(c) Rules of Construction.--Nothing in this section may be construed to-- ``(1) abolish, diminish, or infringe upon any right, responsibility, or remedy provided by the Constitution of the United States or any other law; ``(2) relieve a court of any part of the independent duty of the court to enforce the right of public access to judicial records; or ``(3) abrogate any rule of law that is more or additionally protective of the right of public access to judicial records.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 111 of title 28, United States Code, as amended by section 5 of this Act, is amended by adding at the end the following: ``1661. Restrictions on sealing judicial records.''. SEC. 10. STUDIES BY THE FEDERAL JUDICIAL CENTER. (a) In General.--Not later than December 31, 2022, and every other year thereafter, the Federal Judicial Center shall conduct a study of the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code, as amended by section 3 of this Act. (b) Reports to Congress.--Not later than April 1 of each year following the completion of the study required under subsection (a)-- (1) the Federal Judicial Center-- (A) shall submit to Congress a report containing the findings of the study; and (B) may submit to Congress recommendations to improve the compliance by the Federal judiciary with the requirements of sections 144 and 455 of title 28, United States Code, as amended by section 3 of this Act; and (2) the Comptroller General of the United States shall submit to Congress a report containing an evaluation of the methodology and findings of the study. (c) Facilitation of Studies.--In order to facilitate the studies required under subsection (a)-- (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made. <all>

21st Century Courts Act of 2022

A bill to amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes.

21st Century Courts Act of 2022

Sen. Whitehouse, Sheldon

D

RI

This bill provides for the establishment of a code of conduct for Supreme Court Justices, judges of the courts of appeals, judges of the district courts, and judges of the Court of International Trade. The bill also requires court proceedings to be recorded and published on the internet.

2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES. 365. 3. DISQUALIFICATION OF FEDERAL JUDGES. from a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding. No more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion. 4. 5. AMICUS DISCLOSURE. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. ``(2) Prohibition of activities.--Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. 6. is amended-- (A) by striking ``source and a brief'' and inserting ``source, and a brief''; (B) by inserting ``, including the value,'' before ``of reimbursements''; and (C) by striking ``greater and received'' and inserting ``greater, received''. (2) Periodic reports.--Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in subparagraph (A), by striking ``The identity'' and inserting ``Subject to subparagraphs (C) and (D), the identity''; and (B) by adding at the end the following: ``(D) A judicial officer who receives food, lodging, or entertainment that is exempted under subparagraph (A) from being reported as being food, lodging, or entertainment received as personal hospitality of an individual shall include in the report covering the period during which the food, lodging, or entertainment was received a certification that the cost of the food, lodging, or entertainment was not reimbursed by any third party.''. FINANCIAL CONFLICTS OF INTEREST. 8. 50. 7. Internet publication of certain video recordings ``(a) In General.--Each oral argument and reading of an opinion before the Supreme Court of the United States shall be made available by video for public transmission over the internet-- ``(1) on the day of such oral argument and reading; and ``(2) in real time during such oral argument and opinion reading. Internet publication of certain video recordings.''. 1661. No local rule of procedure may be less protective of the right of public access to judicial records than the rules prescribed under this subsection. Such rules shall be prescribed and submitted to the Congress pursuant to sections. Restrictions on sealing judicial records.''. SEC. 10. STUDIES BY THE FEDERAL JUDICIAL CENTER.

2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES. 3. DISQUALIFICATION OF FEDERAL JUDGES. from a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding. No more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion. 4. 5. AMICUS DISCLOSURE. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. ``(2) Prohibition of activities.--Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. 6. is amended-- (A) by striking ``source and a brief'' and inserting ``source, and a brief''; (B) by inserting ``, including the value,'' before ``of reimbursements''; and (C) by striking ``greater and received'' and inserting ``greater, received''. (2) Periodic reports.--Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) FINANCIAL CONFLICTS OF INTEREST. 7. Internet publication of certain video recordings.''. No local rule of procedure may be less protective of the right of public access to judicial records than the rules prescribed under this subsection. Such rules shall be prescribed and submitted to the Congress pursuant to sections. Restrictions on sealing judicial records.''. SEC.

2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES. 365. 3. DISQUALIFICATION OF FEDERAL JUDGES. from a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding. No more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion. 4. CONFLICTS RELATED TO AMICI CURIAE. 5. AMICUS DISCLOSURE. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. ``(e) Civil Fines.--Whoever knowingly fails to comply with any provision of this section shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. ``(2) Prohibition of activities.--Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. 6. is amended-- (A) by striking ``source and a brief'' and inserting ``source, and a brief''; (B) by inserting ``, including the value,'' before ``of reimbursements''; and (C) by striking ``greater and received'' and inserting ``greater, received''. (2) Periodic reports.--Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in subparagraph (A), by striking ``The identity'' and inserting ``Subject to subparagraphs (C) and (D), the identity''; and (B) by adding at the end the following: ``(D) A judicial officer who receives food, lodging, or entertainment that is exempted under subparagraph (A) from being reported as being food, lodging, or entertainment received as personal hospitality of an individual shall include in the report covering the period during which the food, lodging, or entertainment was received a certification that the cost of the food, lodging, or entertainment was not reimbursed by any third party.''. FINANCIAL CONFLICTS OF INTEREST. 8. 50. 7. Internet publication of certain video recordings ``(a) In General.--Each oral argument and reading of an opinion before the Supreme Court of the United States shall be made available by video for public transmission over the internet-- ``(1) on the day of such oral argument and reading; and ``(2) in real time during such oral argument and opinion reading. Internet publication of certain video recordings.''. 1661. No local rule of procedure may be less protective of the right of public access to judicial records than the rules prescribed under this subsection. Such rules shall be prescribed and submitted to the Congress pursuant to sections. ``(2) Initial transmittal.--The Supreme Court of the United States shall transmit to Congress-- ``(A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and ``(B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. Restrictions on sealing judicial records.''. SEC. 10. STUDIES BY THE FEDERAL JUDICIAL CENTER.

2. CODE OF CONDUCT FOR THE SUPREME COURT OF THE UNITED STATES. 365. ``(c) The Supreme Court of the United States and the Judicial Conference may modify the applicable codes of conduct under this section after giving appropriate public notice and opportunity for comment.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 16 of title 28, United States Code, is amended by adding at the end the following: ``365. 3. DISQUALIFICATION OF FEDERAL JUDGES. from a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding. from, or been employed or volunteered for more than 6 consecutive months in an official supervisory or advisory capacity for a party to the proceeding, a lawyer in the proceeding, or an affiliate of a party or law firm in the proceeding; or ``(B) been employed or volunteered for more than 6 consecutive months in an official supervisory or advisory capacity alongside a lawyer in the proceeding. Whether an entity is an affiliate of another shall be determined under the totality of the circumstances, including-- ``(A) whether the entities share employees, board members, or officers; ``(B) whether the entities share facilities or mailing addresses; ``(C) whether the entities are related organizations, as defined by the Internal Revenue Service; and ``(D) any indicia that the 2 entities are alter egos or otherwise effectively the same organization regardless of tax status or corporate form; ``(7) `substantial funds' means an amount of money that a reasonable person would consider to be significant based on the totality of circumstances, including-- ``(A) the proportion of funds spent relative to the revenues or expenditures of the individual or entity; ``(B) the proportion of funds spent relative to other known spending in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and ``(C) any other objective indicia of the significance of the financial support of the individual or entity for the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States. No more than 1 member of the reviewing panel may be a judge of the same judicial circuit as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion. 4. CONFLICTS RELATED TO AMICI CURIAE. 5. AMICUS DISCLOSURE. (a) In General.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1660. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. ``(e) Civil Fines.--Whoever knowingly fails to comply with any provision of this section shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $200,000, depending on the extent and gravity of the violation. ``(2) Prohibition of activities.--Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. ``(g) Severability.--If any provision of this section, or the application thereof, is held invalid, the validity of the remainder of this section and the application of such provision to other persons and circumstances shall not be affected thereby.''. 6. is amended-- (A) by striking ``source and a brief'' and inserting ``source, and a brief''; (B) by inserting ``, including the value,'' before ``of reimbursements''; and (C) by striking ``greater and received'' and inserting ``greater, received''. (2) Periodic reports.--Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended-- (A) in subparagraph (A), by striking ``The identity'' and inserting ``Subject to subparagraphs (C) and (D), the identity''; and (B) by adding at the end the following: ``(D) A judicial officer who receives food, lodging, or entertainment that is exempted under subparagraph (A) from being reported as being food, lodging, or entertainment received as personal hospitality of an individual shall include in the report covering the period during which the food, lodging, or entertainment was received a certification that the cost of the food, lodging, or entertainment was not reimbursed by any third party.''. FINANCIAL CONFLICTS OF INTEREST. 8. 50. 7. Internet publication of certain video recordings ``(a) In General.--Each oral argument and reading of an opinion before the Supreme Court of the United States shall be made available by video for public transmission over the internet-- ``(1) on the day of such oral argument and reading; and ``(2) in real time during such oral argument and opinion reading. ``(b) Copyright Protection Not Available.--An recording created pursuant to the requirement under this section shall be considered a work of the United States Government for purposes of section 105 of title 17.''. Internet publication of certain video recordings.''. 9. RESTRICTIONS ON SEALED COURT FILINGS. 1661. No local rule of procedure may be less protective of the right of public access to judicial records than the rules prescribed under this subsection. Such rules shall be prescribed and submitted to the Congress pursuant to sections. ``(2) Initial transmittal.--The Supreme Court of the United States shall transmit to Congress-- ``(A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and ``(B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. Restrictions on sealing judicial records.''. SEC. 10. STUDIES BY THE FEDERAL JUDICIAL CENTER.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. Codes of conduct ``(a) Not later than 180 days after the date of the enactment of this section-- ``(1) the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment, issue a code of conduct for the justices of the Supreme Court; and ``(2) the Judicial Conference of the United States shall issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. ``(c) The Supreme Court of the United States and the Judicial Conference may modify the applicable codes of conduct under this section after giving appropriate public notice and opportunity for comment.''. ( Section 455 of title 28, United States Code, is amended-- (1) in subsection (a), by inserting ``bankruptcy judge,'' after ``judge,''; (2) in subsection (b), by adding at the end the following: ``(6) Where the justice, judge bankruptcy judge, or magistrate judge of the United States received, during the 6- year period ending on the date on which the judge was assigned to the proceeding, income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ``(7) Where a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding made any lobbying contact or spent substantial funds in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States. ``(8) Where the justice, judge, bankruptcy judge, or magistrate judge of the United States, their spouse, child, or spouse of their child has, during the 6-year period ending on the date on which the justice, judge, bankruptcy judge, or magistrate judge of the United States was assigned to the proceeding-- ``(A) received income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ''; (3) by striking subsection (c) and inserting the following: ``(c) A justice, judge, bankruptcy judge, or magistrate judge of the United States shall be informed about-- ``(1) the personal and fiduciary financial interests of the justice, judge, bankruptcy judge, or magistrate judge of the United States; ``(2) the personal financial interests of the spouse and minor children residing in the household of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and ``(3) any interest that could be substantially affected by the outcome of the proceeding. ''; ( 4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. ''; (5) in subsection (e)-- (A) by adding ``bankruptcy judge,'' after ``judge,''; (B) in the first sentence, by inserting ``, unless the ground for disqualification arises under paragraph (7) of that subsection'' before the period at the end; and (C) after the second sentence, by adding ``Where the ground for disqualification arises only under subsection (b)(7), waiver may be accepted only if offered by all parties to the proceeding. ''; ( ``(h)(1) A justice, judge, bankruptcy judge, or magistrate judge shall grant or certify to a reviewing panel a timely motion filed by a party to the proceeding that is accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice, judge, bankruptcy judge, or magistrate judge is required under this section or any other Federal law. ``(2) A reviewing panel described in paragraph (1) shall be selected at random from judges of the United States who do not sit on the same court as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion or as the other members of the reviewing panel. ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. (a) In General.--Exception as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. ( b) Initial Transmittal.--The Supreme Court of the United States shall transmit to Congress-- (1) the proposed rules required under subsection (a) not later than 180 days after the date of enactment of this Act; and (2) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. ``(b) Disclosure.-- ``(1) In general.--Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or ``(C) contributed more than $100,000 to the covered amicus in the previous calendar year. ``(2) Exceptions.--The requirements of this subsection shall not apply to amounts received by a covered amicus described in paragraph (1) in commercial transactions in the ordinary course of any trade or business conducted by the covered amicus or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in an organization if the amounts are unrelated to the amicus filing activities of the covered amicus. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. ``(2) Prohibition of activities.--Nothing in this section shall be construed to prohibit, or to authorize any court to prohibit, amicus activities by any person or entity, regardless of whether such person or entity is in compliance with the requirements of this section. ``(g) Severability.--If any provision of this section, or the application thereof, is held invalid, the validity of the remainder of this section and the application of such provision to other persons and circumstances shall not be affected thereby.''. ( is amended by adding at the end the following: ``(m)(1) Not later than 30 days after completing travel in connection with which a judicial officer receives, or will receive, a reimbursement required to be reported under section 102(a)(2)(B), the judicial officer shall file a report regarding the reimbursement. (b) Definition of Personal Hospitality of an Individual.-- (1) In general.--Section 109(14) of the Ethics in Government Act of 1978 (5 U.S.C. App.) (2) Certification regarding lack of reimbursement.--Section 102(a)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) Section 208 of title 18, United States Code, is amended by inserting after ``Government employee,'', ``or an officer or employee of the judicial branch of the United States Government,''. ``(b) Copyright Protection Not Available.--An audio or video recording created pursuant to the requirement under this section shall be considered a work of the United States Government for purposes of section 105 of title 17.''. ( 2) Technical and conforming amendment.--The table of sections for chapter 1 of title 28, United States Code, is amended by adding at the end the following: ``7. (a) In General.--Chapter 111 of title 28, United States Code, as amended by section 5 of this Act, is amended by adding at the end the following: ``Sec. ``(b) Rules.-- ``(1) In general.--Except as provided in paragraph (2), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 to ensure that disinterested members of the public have a simplified and inexpensive process to contest a motion to seal a judicial record, to appeal an order sealing a judicial record, and to request that a judicial record be unsealed. ``(2) Initial transmittal.--The Supreme Court of the United States shall transmit to Congress-- ``(A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and ``(B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. a) In General.--Not later than December 31, 2022, and every other year thereafter, the Federal Judicial Center shall conduct a study of the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code, as amended by section 3 of this Act. c) Facilitation of Studies.--In order to facilitate the studies required under subsection (a)-- (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. Codes of conduct ``(a) Not later than 180 days after the date of the enactment of this section-- ``(1) the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment, issue a code of conduct for the justices of the Supreme Court; and ``(2) the Judicial Conference of the United States shall issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. Section 455 of title 28, United States Code, is amended-- (1) in subsection (a), by inserting ``bankruptcy judge,'' after ``judge,''; (2) in subsection (b), by adding at the end the following: ``(6) Where the justice, judge bankruptcy judge, or magistrate judge of the United States received, during the 6- year period ending on the date on which the judge was assigned to the proceeding, income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ``(7) Where a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding made any lobbying contact or spent substantial funds in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States. ''; (3) by striking subsection (c) and inserting the following: ``(c) A justice, judge, bankruptcy judge, or magistrate judge of the United States shall be informed about-- ``(1) the personal and fiduciary financial interests of the justice, judge, bankruptcy judge, or magistrate judge of the United States; ``(2) the personal financial interests of the spouse and minor children residing in the household of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and ``(3) any interest that could be substantially affected by the outcome of the proceeding. ''; ( 4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. ''; (5) in subsection (e)-- (A) by adding ``bankruptcy judge,'' after ``judge,''; (B) in the first sentence, by inserting ``, unless the ground for disqualification arises under paragraph (7) of that subsection'' before the period at the end; and (C) after the second sentence, by adding ``Where the ground for disqualification arises only under subsection (b)(7), waiver may be accepted only if offered by all parties to the proceeding. ''; ( ``(h)(1) A justice, judge, bankruptcy judge, or magistrate judge shall grant or certify to a reviewing panel a timely motion filed by a party to the proceeding that is accompanied by a certificate of good faith and an affidavit alleging facts sufficient to show that disqualification of the justice, judge, bankruptcy judge, or magistrate judge is required under this section or any other Federal law. ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. a) In General.--Exception as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. ( ``(b) Disclosure.-- ``(1) In general.--Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or ``(C) contributed more than $100,000 to the covered amicus in the previous calendar year. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. ``(f) Rules of Construction.-- ``(1) Constitutional rights.--Nothing in this section shall be construed to prohibit or interfere with-- ``(A) the right to petition the Government for the redress of grievances; ``(B) the right to express a personal opinion; or ``(C) the right of association, protected by the First Amendment to the Constitution of the United States. a) Disclosures Regarding Travel-Related Reimbursements.-- (1) In general.--Section 102(a)(2)(B) of the Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following: ``(m)(1) Not later than 30 days after completing travel in connection with which a judicial officer receives, or will receive, a reimbursement required to be reported under section 102(a)(2)(B), the judicial officer shall file a report regarding the reimbursement. 2) Certification regarding lack of reimbursement.--Section 102(a)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) FINANCIAL CONFLICTS OF INTEREST. Section 208 of title 18, United States Code, is amended by inserting after ``Government employee,'', ``or an officer or employee of the judicial branch of the United States Government,''. Internet publication of certain video recordings.''. ( 2) Technical and conforming amendment.--The table of sections for chapter 1 of title 28, United States Code, is amended by adding at the end the following: ``7. (a) In General.--Chapter 111 of title 28, United States Code, as amended by section 5 of this Act, is amended by adding at the end the following: ``Sec. ``(b) Rules.-- ``(1) In general.--Except as provided in paragraph (2), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 to ensure that disinterested members of the public have a simplified and inexpensive process to contest a motion to seal a judicial record, to appeal an order sealing a judicial record, and to request that a judicial record be unsealed. ``(c) Rules of Construction.--Nothing in this section may be construed to-- ``(1) abolish, diminish, or infringe upon any right, responsibility, or remedy provided by the Constitution of the United States or any other law; ``(2) relieve a court of any part of the independent duty of the court to enforce the right of public access to judicial records; or ``(3) abrogate any rule of law that is more or additionally protective of the right of public access to judicial records.''. ( a) In General.--Not later than December 31, 2022, and every other year thereafter, the Federal Judicial Center shall conduct a study of the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code, as amended by section 3 of this Act. ( (c) Facilitation of Studies.--In order to facilitate the studies required under subsection (a)-- (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. 3) by striking subsection (c) and inserting the following: ``(c) A justice, judge, bankruptcy judge, or magistrate judge of the United States shall be informed about-- ``(1) the personal and fiduciary financial interests of the justice, judge, bankruptcy judge, or magistrate judge of the United States; ``(2) the personal financial interests of the spouse and minor children residing in the household of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and ``(3) any interest that could be substantially affected by the outcome of the proceeding. ''; ( 4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. ''; ( ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. a) In General.--Exception as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. ( ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. 2) Certification regarding lack of reimbursement.--Section 102(a)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) ``(b) Rules.-- ``(1) In general.--Except as provided in paragraph (2), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 to ensure that disinterested members of the public have a simplified and inexpensive process to contest a motion to seal a judicial record, to appeal an order sealing a judicial record, and to request that a judicial record be unsealed. ( (c) Facilitation of Studies.--In order to facilitate the studies required under subsection (a)-- (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. Codes of conduct ``(a) Not later than 180 days after the date of the enactment of this section-- ``(1) the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment, issue a code of conduct for the justices of the Supreme Court; and ``(2) the Judicial Conference of the United States shall issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. ``(7) Where a party to the proceeding, a lawyer in the proceeding, an individual employed in a supervisory capacity by a party or law firm in the proceeding, or an affiliate of a party or law firm in the proceeding made any lobbying contact or spent substantial funds in support of the nomination, confirmation, or appointment of the justice, judge, bankruptcy judge, or magistrate judge of the United States. ``(8) Where the justice, judge, bankruptcy judge, or magistrate judge of the United States, their spouse, child, or spouse of their child has, during the 6-year period ending on the date on which the justice, judge, bankruptcy judge, or magistrate judge of the United States was assigned to the proceeding-- ``(A) received income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ''; ( ''; ( 4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. ''; ( 5) in subsection (e)-- (A) by adding ``bankruptcy judge,'' after ``judge,''; (B) in the first sentence, by inserting ``, unless the ground for disqualification arises under paragraph (7) of that subsection'' before the period at the end; and (C) after the second sentence, by adding ``Where the ground for disqualification arises only under subsection (b)(7), waiver may be accepted only if offered by all parties to the proceeding. ''; ( ``(2) A reviewing panel described in paragraph (1) shall be selected at random from judges of the United States who do not sit on the same court as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion or as the other members of the reviewing panel. ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. ( ( b) Initial Transmittal.--The Supreme Court of the United States shall transmit to Congress-- (1) the proposed rules required under subsection (a) not later than 180 days after the date of enactment of this Act; and (2) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. ``(b) Disclosure.-- ``(1) In general.--Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or ``(C) contributed more than $100,000 to the covered amicus in the previous calendar year. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. is amended by adding at the end the following: ``(m)(1) Not later than 30 days after completing travel in connection with which a judicial officer receives, or will receive, a reimbursement required to be reported under section 102(a)(2)(B), the judicial officer shall file a report regarding the reimbursement. ( Section 208 of title 18, United States Code, is amended by inserting after ``Government employee,'', ``or an officer or employee of the judicial branch of the United States Government,''. 2) Technical and conforming amendment.--The table of sections for chapter 1 of title 28, United States Code, is amended by adding at the end the following: ``7. ( ``(2) Initial transmittal.--The Supreme Court of the United States shall transmit to Congress-- ``(A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and ``(B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code. a) In General.--Not later than December 31, 2022, and every other year thereafter, the Federal Judicial Center shall conduct a study of the extent of compliance or noncompliance with the requirements of sections 144 and 455 of title 28, United States Code, as amended by section 3 of this Act.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. 3) by striking subsection (c) and inserting the following: ``(c) A justice, judge, bankruptcy judge, or magistrate judge of the United States shall be informed about-- ``(1) the personal and fiduciary financial interests of the justice, judge, bankruptcy judge, or magistrate judge of the United States; ``(2) the personal financial interests of the spouse and minor children residing in the household of the justice, judge, bankruptcy judge, or magistrate judge of the United States; and ``(3) any interest that could be substantially affected by the outcome of the proceeding. ''; ( 4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. ''; ( ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. a) In General.--Exception as provided in subsection (b), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 of title 28, United States Code, for prohibiting the filing of or striking an amicus brief that would result in the disqualification of a justice, judge, or magistrate judge. ( ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. 2) Certification regarding lack of reimbursement.--Section 102(a)(2) of the Ethics in Government Act of 1978 (5 U.S.C. App.) ``(b) Rules.-- ``(1) In general.--Except as provided in paragraph (2), the Supreme Court of the United States and the Judicial Conference of the United States shall prescribe rules of procedure in accordance with sections 2072 through 2074 to ensure that disinterested members of the public have a simplified and inexpensive process to contest a motion to seal a judicial record, to appeal an order sealing a judicial record, and to request that a judicial record be unsealed. ( (c) Facilitation of Studies.--In order to facilitate the studies required under subsection (a)-- (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. Codes of conduct ``(a) Not later than 180 days after the date of the enactment of this section-- ``(1) the Supreme Court of the United States shall, after appropriate public notice and opportunity for comment, issue a code of conduct for the justices of the Supreme Court; and ``(2) the Judicial Conference of the United States shall issue a code of conduct for the judges of the courts of appeals, the district courts (including bankruptcy judges and magistrate judges), and the Court of International Trade. ``(8) Where the justice, judge, bankruptcy judge, or magistrate judge of the United States, their spouse, child, or spouse of their child has, during the 6-year period ending on the date on which the justice, judge, bankruptcy judge, or magistrate judge of the United States was assigned to the proceeding-- ``(A) received income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ''; ( ''; ( 4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. ''; ( ''; ( ``(2) A reviewing panel described in paragraph (1) shall be selected at random from judges of the United States who do not sit on the same court as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion or as the other members of the reviewing panel. ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. ( ( ``(b) Disclosure.-- ``(1) In general.--Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or ``(C) contributed more than $100,000 to the covered amicus in the previous calendar year. ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. 2) Technical and conforming amendment.--The table of sections for chapter 1 of title 28, United States Code, is amended by adding at the end the following: ``7. ( ``(2) Initial transmittal.--The Supreme Court of the United States shall transmit to Congress-- ``(A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and ``(B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. ( ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. c) Facilitation of Studies.--In order to facilitate the studies required under subsection (a)-- (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. ``(8) Where the justice, judge, bankruptcy judge, or magistrate judge of the United States, their spouse, child, or spouse of their child has, during the 6-year period ending on the date on which the justice, judge, bankruptcy judge, or magistrate judge of the United States was assigned to the proceeding-- ``(A) received income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ''; ( ''; ( 4) in subsection (d)-- (A) in paragraph (4)-- (i) in clause (iii), by inserting ``and'' at the end; and (ii) in clause (iv), by striking the period at the end and inserting a semicolon; and (B) by adding at the end the following: ``(5) `official supervisory or advisory capacity' includes acting as a director, officer, trustee, or any other equivalent position; ``(6) `affiliate' means an entity that effectively controls or is controlled by another entity or is associated with another entity under common ownership or control, regardless of tax status or corporate form. ''; ( ''; ( ``(2) A reviewing panel described in paragraph (1) shall be selected at random from judges of the United States who do not sit on the same court as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion or as the other members of the reviewing panel. ( ( ``(b) Disclosure.-- ``(1) In general.--Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or ``(C) contributed more than $100,000 to the covered amicus in the previous calendar year. ``(2) Initial transmittal.--The Supreme Court of the United States shall transmit to Congress-- ``(A) the proposed rules required under paragraph (1) not later than 1 year after the date of enactment of this section; and ``(B) any rules in addition to those transmitted under paragraph (1) pursuant to section 2074 of title 28, United States Code.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. ``(i) The clerk of the applicable court shall publish timely notice on the website of the court of-- ``(1) any matter in which a justice, judge, bankruptcy judge, or magistrate judge of the United States disqualifies is disqualified under this section; ``(2) in the case of any matter in which the reviewing panel under subsection (h) rules on a motion to disqualify; and ``(3) an explanation of each reason for the disqualification or ruling, which shall include a specific identification of each circumstance that resulted in disqualification.''. ( ``(d) Prohibition on Provision of Gifts or Travel by Covered Amici to Judges and Justices.-- ``(1) In general.--Except as provided in paragraph (2), no covered amicus may make a gift or provide travel to a judge of a court of appeals of the United States, the Chief Justice of the United States, or an associate justice of the Supreme Court of the United States. c) Facilitation of Studies.--In order to facilitate the studies required under subsection (a)-- (1) the Judicial Conference of the United States shall maintain a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge was not assigned to a case due to potential or actual conflicts indicated on a conflicts sheet; and (2) the clerk of each court shall maintain and include in the relevant case docket a record of each instance in which a justice, judge, bankruptcy judge, or magistrate judge disqualifies after a case assignment is made.

To amend title 28, United States Code, to provide for the establishment of a code of conduct for the justices of the Supreme Court of the United States, and for other purposes. ``(8) Where the justice, judge, bankruptcy judge, or magistrate judge of the United States, their spouse, child, or spouse of their child has, during the 6-year period ending on the date on which the justice, judge, bankruptcy judge, or magistrate judge of the United States was assigned to the proceeding-- ``(A) received income, a gift, or reimbursement required to be reported under section 102 of the Ethics in Government Act of 1978 (5 U.S.C. App.) ''; ( ''; ( ''; ( ''; ( ``(2) A reviewing panel described in paragraph (1) shall be selected at random from judges of the United States who do not sit on the same court as the judge, bankruptcy judge, or magistrate judge who is the subject of the motion or as the other members of the reviewing panel. ( ( ``(b) Disclosure.-- ``(1) In general.--Any covered amicus that files an amicus brief in the Supreme Court of the United States or a court of appeals of the United States shall list in the amicus brief the name of any person who-- ``(A) contributed to the preparation or submission of the amicus brief; ``(B) contributed not less than 3 percent of the gross annual revenue of the covered amicus for the previous calendar year if the covered amicus is not an individual; or ``(C) contributed more than $100,000 to the covered amicus in the previous calendar year.

H.R.3636

Education

Children Inflicted by Lyme Disabilities Act of 2021 or the CHILD Act of 2021 This bill expands the applicability of certain special education provisions to children with Lyme disease or other tick-borne diseases. (Lyme disease is the most common vector-borne disease in the United States. The disease is transmitted to humans through the bite of an infected blacklegged tick and, if left untreated, can spread to joints, the heart, and the nervous system.) Specifically, the bill defines child with a disability for purposes of the Individuals with Disabilities Education Act to include a child who needs special education and related services because the child has a health impairment resulting from Lyme disease or another tick-borne disease.

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Inflicted by Lyme Disabilities Act of 2021'' or the ``CHILD Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Becoming nationally reportable in 1990 by the Centers for Disease Control and Prevention (CDC), Lyme disease reported United States case numbers in 1992 were 9,908. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. (2) The bacteria that cause Lyme disease are transmitted by a tick which can be as small as a poppy seed and is found in backyards, fields, woods, and in other places where there is ground cover. Ticks that transmit Lyme disease are now found in 50 percent of United States counties. (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. (4) Early diagnosis and treatment with antibiotics is key to bringing people back to health; however research has shown that 10 to 15 percent or more of those treated by a regimen of antibiotics progress to developing long term symptoms from this not well understood disease. (5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. (7) Children with Lyme disease are often out of school for blocks of time--days, weeks, months, or more--and can come back to school and have symptom relapse causing other periods of absence. (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. (9) Schools, teachers, administrators, special services teams, and medical personnel are often not aware of the issues caused by Lyme disease, and the children with Lyme disease are being improperly classified, may even be labeled as ``fakers,'' and generally do not receive the type of help educationally that other children who have some of these symptoms routinely receive due to their disability. (b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). SEC. 3. DEFINITION OF CHILD WITH A DISABILITY. Section 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) is amended by inserting ``(including Lyme disease and other tick-borne diseases)'' after ``other health impairments''. <all>

CHILD Act of 2021

To amend the Individuals with Disabilities Education Act to clarify that the term "child with a disability" includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease.

CHILD Act of 2021 Children Inflicted by Lyme Disabilities Act of 2021

Rep. Smith, Christopher H.

R

NJ

This bill expands the applicability of certain special education provisions to children with Lyme disease or other tick-borne diseases. (Lyme disease is the most common vector-borne disease in the United States. The disease is transmitted to humans through the bite of an infected blacklegged tick and, if left untreated, can spread to joints, the heart, and the nervous system.) Specifically, the bill defines child with a disability for purposes of the Individuals with Disabilities Education Act to include a child who needs special education and related services because the child has a health impairment resulting from Lyme disease or another tick-borne disease.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Inflicted by Lyme Disabilities Act of 2021'' or the ``CHILD Act of 2021''. 2. FINDINGS AND PURPOSE. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. (2) The bacteria that cause Lyme disease are transmitted by a tick which can be as small as a poppy seed and is found in backyards, fields, woods, and in other places where there is ground cover. (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. (4) Early diagnosis and treatment with antibiotics is key to bringing people back to health; however research has shown that 10 to 15 percent or more of those treated by a regimen of antibiotics progress to developing long term symptoms from this not well understood disease. (5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. (7) Children with Lyme disease are often out of school for blocks of time--days, weeks, months, or more--and can come back to school and have symptom relapse causing other periods of absence. (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. (9) Schools, teachers, administrators, special services teams, and medical personnel are often not aware of the issues caused by Lyme disease, and the children with Lyme disease are being improperly classified, may even be labeled as ``fakers,'' and generally do not receive the type of help educationally that other children who have some of these symptoms routinely receive due to their disability. 1400 et seq.). SEC. DEFINITION OF CHILD WITH A DISABILITY. Section 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) is amended by inserting ``(including Lyme disease and other tick-borne diseases)'' after ``other health impairments''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Inflicted by Lyme Disabilities Act of 2021'' or the ``CHILD Act of 2021''. 2. FINDINGS AND PURPOSE. (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. (4) Early diagnosis and treatment with antibiotics is key to bringing people back to health; however research has shown that 10 to 15 percent or more of those treated by a regimen of antibiotics progress to developing long term symptoms from this not well understood disease. (5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. (9) Schools, teachers, administrators, special services teams, and medical personnel are often not aware of the issues caused by Lyme disease, and the children with Lyme disease are being improperly classified, may even be labeled as ``fakers,'' and generally do not receive the type of help educationally that other children who have some of these symptoms routinely receive due to their disability. 1400 et seq.). SEC. DEFINITION OF CHILD WITH A DISABILITY. Section 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) is amended by inserting ``(including Lyme disease and other tick-borne diseases)'' after ``other health impairments''.

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Inflicted by Lyme Disabilities Act of 2021'' or the ``CHILD Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Becoming nationally reportable in 1990 by the Centers for Disease Control and Prevention (CDC), Lyme disease reported United States case numbers in 1992 were 9,908. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. (2) The bacteria that cause Lyme disease are transmitted by a tick which can be as small as a poppy seed and is found in backyards, fields, woods, and in other places where there is ground cover. Ticks that transmit Lyme disease are now found in 50 percent of United States counties. (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. (4) Early diagnosis and treatment with antibiotics is key to bringing people back to health; however research has shown that 10 to 15 percent or more of those treated by a regimen of antibiotics progress to developing long term symptoms from this not well understood disease. (5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. (7) Children with Lyme disease are often out of school for blocks of time--days, weeks, months, or more--and can come back to school and have symptom relapse causing other periods of absence. (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. (9) Schools, teachers, administrators, special services teams, and medical personnel are often not aware of the issues caused by Lyme disease, and the children with Lyme disease are being improperly classified, may even be labeled as ``fakers,'' and generally do not receive the type of help educationally that other children who have some of these symptoms routinely receive due to their disability. (b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). SEC. 3. DEFINITION OF CHILD WITH A DISABILITY. Section 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) is amended by inserting ``(including Lyme disease and other tick-borne diseases)'' after ``other health impairments''. <all>

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children Inflicted by Lyme Disabilities Act of 2021'' or the ``CHILD Act of 2021''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Becoming nationally reportable in 1990 by the Centers for Disease Control and Prevention (CDC), Lyme disease reported United States case numbers in 1992 were 9,908. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. (2) The bacteria that cause Lyme disease are transmitted by a tick which can be as small as a poppy seed and is found in backyards, fields, woods, and in other places where there is ground cover. Ticks that transmit Lyme disease are now found in 50 percent of United States counties. (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. (4) Early diagnosis and treatment with antibiotics is key to bringing people back to health; however research has shown that 10 to 15 percent or more of those treated by a regimen of antibiotics progress to developing long term symptoms from this not well understood disease. (5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. (7) Children with Lyme disease are often out of school for blocks of time--days, weeks, months, or more--and can come back to school and have symptom relapse causing other periods of absence. (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. (9) Schools, teachers, administrators, special services teams, and medical personnel are often not aware of the issues caused by Lyme disease, and the children with Lyme disease are being improperly classified, may even be labeled as ``fakers,'' and generally do not receive the type of help educationally that other children who have some of these symptoms routinely receive due to their disability. (b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). SEC. 3. DEFINITION OF CHILD WITH A DISABILITY. Section 602(3)(A)(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(3)(A)(i)) is amended by inserting ``(including Lyme disease and other tick-borne diseases)'' after ``other health impairments''. <all>

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. ( (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. ( (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. FINDINGS AND PURPOSE. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. FINDINGS AND PURPOSE. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. ( (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. ( (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. FINDINGS AND PURPOSE. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. ( (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. ( (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. FINDINGS AND PURPOSE. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. ( (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. ( (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. FINDINGS AND PURPOSE. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. (6) Since one tick bite can cause more than one disease, children with Lyme disease can also have other tick-borne diseases or co-infections, increasing the severity and range of their symptoms. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

To amend the Individuals with Disabilities Education Act to clarify that the term ``child with a disability'' includes a child who needs special education and related services due to a health impairment resulting from Lyme disease or another tick-borne disease. From 2005 to 2010, the CDC estimated 300,000 people got Lyme disease each year, and in 2021, the CDC announced that an estimated 476,000 people are diagnosed and treated for Lyme disease in the United States annually. ( (3) The spirochetal bacteria that causes Lyme disease can attack every system in the body and can produce arthritic, musculo-skeletal, gastrointestinal, neurological, neuropsychiatric and cardiac manifestations, the latter which is known to be able to cause death. ( 5) Most likely due to the time spent outdoors, the range of activities, and lack of awareness of the dangers posed by ticks and of prevention measures, children are at some of the highest risk of infection from the Lyme bacteria in the United States, and based on CDC source numbers, children aged 0 to 19 years represented 29 percent of reported cases over the period from 2001-2017. ( (8) Research has shown these children can have manifestations including cognitive impairment, mental confusion, memory loss, headaches, difficulty concentrating, speech difficulty, visual and hearing problems, dizziness, mood swings, outbursts, depression, sleep disturbance, OCD, and seizure activity, all of which affect their educational experience. ( b) Purpose.--It is the purpose of this Act-- (1) to increase the recognition of the broad range of disabilities caused by Lyme disease that affect education; and (2) to enhance educational services for children with Lyme disease in a manner consistent with the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).

H.R.7315

Armed Forces and National Security

Transparency and Effective Accountability Measures for Veteran Caregivers Act or the TEAM Veteran Caregivers Act The bill revises the administration of Department of Veterans Affairs (VA) caregiver programs. Specifically, the bill requires the VA to formally recognize caregivers of veterans by identifying any caregiver in the health record of the veteran. Such caregivers covered by the bill include those participating in the Program of Comprehensive Assistance for Family Caregivers and those participating in the Program of General Caregiver Support Services. The bill requires the VA to notify veterans and their caregivers regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, the specified caregiver programs. The notifications must be standardized and contain specified details regarding the decisions. The bill also requires the VA to temporarily extend benefits under the Program of Comprehensive Assistance for Family Caregivers for at least 90 days after the receipt of notice that a veteran is no longer clinically eligible for the program. Such an extension shall not apply to the termination of caregiver benefits (1) if the VA determines the caregiver committed fraud or abused or neglected the veteran, (2) if another primary provider or individual caregiver is designated within 90 days after the termination, (3) if the terminated individual moves out or abandons their relationship with the veteran, or (4) upon request of the caregiver or veteran.

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver 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 ``Transparency and Effective Accountability Measures for Veteran Caregivers Act'' or the ``TEAM Veteran Caregivers Act''. SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Official Designation of Caregivers.-- (1) In general.--The Secretary of Veterans Affairs shall formally recognize all caregivers of veterans by identifying any caregiver of a veteran in the health record of the veteran. (2) Inclusion.--Caregivers recognized under paragraph (1) shall include-- (A) family caregivers participating in the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and (B) caregivers participating in the program of support services for caregivers under subsection (b) of such section. (b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). (c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible. (2) Exclusion.--Paragraph (1) shall not apply to the termination of caregiver benefits-- (A) if the Secretary determines that the family caregiver committed fraud or abused or neglected the veteran; (B) if the family caregiver was designated under section 1720G(a)(7) of title 38, United States Code, as the primary provider of personal care services for the veteran and another primary provider is designated within 90 days after the date of termination, in which case benefits for the terminated primary provider will terminate the day before the date on which the new primary provider is designated; (C) if another individual is designated to be a family caregiver within 90 days after the date of termination, such that there are three family caregivers assigned to the veteran, in which case benefits for the terminated family caregiver will terminate the day before the date on which the new family caregiver is designated; (D) the terminated individual had been living with the veteran and moves out, or the terminated individual abandons or terminates his or her relationship with the veteran; or (E) upon request of the family caregiver or the veteran. <all>

TEAM Veteran Caregivers Act

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes.

TEAM Veteran Caregivers Act Transparency and Effective Accountability Measures for Veteran Caregivers Act

Rep. Biggs, Andy

R

AZ

The bill revises the administration of Department of Veterans Affairs (VA) caregiver programs. Specifically, the bill requires the VA to formally recognize caregivers of veterans by identifying any caregiver in the health record of the veteran. Such caregivers covered by the bill include those participating in the Program of Comprehensive Assistance for Family Caregivers and those participating in the Program of General Caregiver Support Services. The bill requires the VA to notify veterans and their caregivers regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, the specified caregiver programs. The notifications must be standardized and contain specified details regarding the decisions. The bill also requires the VA to temporarily extend benefits under the Program of Comprehensive Assistance for Family Caregivers for at least 90 days after the receipt of notice that a veteran is no longer clinically eligible for the program. Such an extension shall not apply to the termination of caregiver benefits (1) if the VA determines the caregiver committed fraud or abused or neglected the veteran, (2) if another primary provider or individual caregiver is designated within 90 days after the termination, (3) if the terminated individual moves out or abandons their relationship with the veteran, or (4) upon request of the caregiver or veteran.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Transparency and Effective Accountability Measures for Veteran Caregivers Act'' or the ``TEAM Veteran Caregivers Act''. SEC. (a) Official Designation of Caregivers.-- (1) In general.--The Secretary of Veterans Affairs shall formally recognize all caregivers of veterans by identifying any caregiver of a veteran in the health record of the veteran. (2) Inclusion.--Caregivers recognized under paragraph (1) shall include-- (A) family caregivers participating in the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and (B) caregivers participating in the program of support services for caregivers under subsection (b) of such section. (b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). (2) Exclusion.--Paragraph (1) shall not apply to the termination of caregiver benefits-- (A) if the Secretary determines that the family caregiver committed fraud or abused or neglected the veteran; (B) if the family caregiver was designated under section 1720G(a)(7) of title 38, United States Code, as the primary provider of personal care services for the veteran and another primary provider is designated within 90 days after the date of termination, in which case benefits for the terminated primary provider will terminate the day before the date on which the new primary provider is designated; (C) if another individual is designated to be a family caregiver within 90 days after the date of termination, such that there are three family caregivers assigned to the veteran, in which case benefits for the terminated family caregiver will terminate the day before the date on which the new family caregiver is designated; (D) the terminated individual had been living with the veteran and moves out, or the terminated individual abandons or terminates his or her relationship with the veteran; or (E) upon request of the family caregiver or the veteran.

This Act may be cited as the ``Transparency and Effective Accountability Measures for Veteran Caregivers Act'' or the ``TEAM Veteran Caregivers Act''. SEC. (a) Official Designation of Caregivers.-- (1) In general.--The Secretary of Veterans Affairs shall formally recognize all caregivers of veterans by identifying any caregiver of a veteran in the health record of the veteran. (2) Inclusion.--Caregivers recognized under paragraph (1) shall include-- (A) family caregivers participating in the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and (B) caregivers participating in the program of support services for caregivers under subsection (b) of such section. (b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Exclusion.--Paragraph (1) shall not apply to the termination of caregiver benefits-- (A) if the Secretary determines that the family caregiver committed fraud or abused or neglected the veteran; (B) if the family caregiver was designated under section 1720G(a)(7) of title 38, United States Code, as the primary provider of personal care services for the veteran and another primary provider is designated within 90 days after the date of termination, in which case benefits for the terminated primary provider will terminate the day before the date on which the new primary provider is designated; (C) if another individual is designated to be a family caregiver within 90 days after the date of termination, such that there are three family caregivers assigned to the veteran, in which case benefits for the terminated family caregiver will terminate the day before the date on which the new family caregiver is designated; (D) the terminated individual had been living with the veteran and moves out, or the terminated individual abandons or terminates his or her relationship with the veteran; or (E) upon request of the family caregiver or the veteran.

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver 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 ``Transparency and Effective Accountability Measures for Veteran Caregivers Act'' or the ``TEAM Veteran Caregivers Act''. SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Official Designation of Caregivers.-- (1) In general.--The Secretary of Veterans Affairs shall formally recognize all caregivers of veterans by identifying any caregiver of a veteran in the health record of the veteran. (2) Inclusion.--Caregivers recognized under paragraph (1) shall include-- (A) family caregivers participating in the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and (B) caregivers participating in the program of support services for caregivers under subsection (b) of such section. (b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). (c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible. (2) Exclusion.--Paragraph (1) shall not apply to the termination of caregiver benefits-- (A) if the Secretary determines that the family caregiver committed fraud or abused or neglected the veteran; (B) if the family caregiver was designated under section 1720G(a)(7) of title 38, United States Code, as the primary provider of personal care services for the veteran and another primary provider is designated within 90 days after the date of termination, in which case benefits for the terminated primary provider will terminate the day before the date on which the new primary provider is designated; (C) if another individual is designated to be a family caregiver within 90 days after the date of termination, such that there are three family caregivers assigned to the veteran, in which case benefits for the terminated family caregiver will terminate the day before the date on which the new family caregiver is designated; (D) the terminated individual had been living with the veteran and moves out, or the terminated individual abandons or terminates his or her relationship with the veteran; or (E) upon request of the family caregiver or the veteran. <all>

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver 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 ``Transparency and Effective Accountability Measures for Veteran Caregivers Act'' or the ``TEAM Veteran Caregivers Act''. SEC. 2. MODIFICATION OF ADMINISTRATION OF CAREGIVER PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Official Designation of Caregivers.-- (1) In general.--The Secretary of Veterans Affairs shall formally recognize all caregivers of veterans by identifying any caregiver of a veteran in the health record of the veteran. (2) Inclusion.--Caregivers recognized under paragraph (1) shall include-- (A) family caregivers participating in the program of comprehensive assistance for family caregivers under subsection (a) of section 1720G of title 38, United States Code; and (B) caregivers participating in the program of support services for caregivers under subsection (b) of such section. (b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). (c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible. (2) Exclusion.--Paragraph (1) shall not apply to the termination of caregiver benefits-- (A) if the Secretary determines that the family caregiver committed fraud or abused or neglected the veteran; (B) if the family caregiver was designated under section 1720G(a)(7) of title 38, United States Code, as the primary provider of personal care services for the veteran and another primary provider is designated within 90 days after the date of termination, in which case benefits for the terminated primary provider will terminate the day before the date on which the new primary provider is designated; (C) if another individual is designated to be a family caregiver within 90 days after the date of termination, such that there are three family caregivers assigned to the veteran, in which case benefits for the terminated family caregiver will terminate the day before the date on which the new family caregiver is designated; (D) the terminated individual had been living with the veteran and moves out, or the terminated individual abandons or terminates his or her relationship with the veteran; or (E) upon request of the family caregiver or the veteran. <all>

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). ( c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible.

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). ( c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible.

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). ( c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible.

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). ( c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible.

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (

To require the Secretary of Veterans Affairs to formally recognize caregivers of veterans, notify veterans and caregivers of clinical determinations relating to eligibility for caregiver programs, and temporarily extend benefits for veterans who are determined ineligible for the family caregiver program, and for other purposes. b) Notification Letters Regarding Clinical Determinations.-- (1) In general.--The Secretary, using a standardized letter, shall notify veterans and caregivers of veterans regarding any clinical determinations made relating to claims, tier reduction, or termination of assistance under, or eligibility for, a caregiver program under subsection (a) or (b) of section 1720G of title 38, United States Code. (2) Elements.--Notifications under paragraph (1) shall include the elements required for notices of decisions under section 5104(b) of title 38, United States Code, to the extent that those elements apply to determinations under paragraph (1). ( c) Temporary Extension of Benefits for Family Caregiver Program.-- (1) In general.--Upon determining that a veteran who was receiving services under the program of comprehensive assistance for family caregivers under section 1720G(a) of title 38, United States Code, is no longer clinically eligible for purposes of such program, the Secretary shall extend benefits under such program, including stipends under paragraph (3)(A)(ii)(V) of such section, for not less than 90 days after the date of notification under subsection (b) that the veteran is no longer clinically eligible.

H.R.9404

Health

Protecting Our Children from the CDC Act This bill prohibits the inclusion of any COVID-19 vaccine on the child and adolescent immunization schedule (which lists the vaccines recommended by the Advisory Committee on Immunization Practice for those populations) unless all clinical data related to the safety and efficacy of the vaccine is published on the website of the Centers for Disease Control and Prevention.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from the CDC Act''. SEC. 2. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. Part C of subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-25 et seq.) is amended by adding at the end the following: ``SEC. 2129. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. ``(a) No Inclusion of COVID Vaccines.--The Secretary, and any official, agency, or office of the Department of Health and Human Services (including the Centers for Disease Control and Prevention and the Advisory Committee of Immunization Practices), shall not include any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services (including the Advisory Committee of Immunization Practices) relating to the safety and efficacy (including any adverse effects) of such vaccine. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''. <all>

Protecting Our Children from the CDC Act

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes.

Protecting Our Children from the CDC Act

Rep. Biggs, Andy

R

AZ

This bill prohibits the inclusion of any COVID-19 vaccine on the child and adolescent immunization schedule (which lists the vaccines recommended by the Advisory Committee on Immunization Practice for those populations) unless all clinical data related to the safety and efficacy of the vaccine is published on the website of the Centers for Disease Control and Prevention.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from the CDC Act''. SEC. 2. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. Part C of subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-25 et seq.) is amended by adding at the end the following: ``SEC. 2129. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. ``(a) No Inclusion of COVID Vaccines.--The Secretary, and any official, agency, or office of the Department of Health and Human Services (including the Centers for Disease Control and Prevention and the Advisory Committee of Immunization Practices), shall not include any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services (including the Advisory Committee of Immunization Practices) relating to the safety and efficacy (including any adverse effects) of such vaccine. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''. <all>

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from the CDC Act''. SEC. 2. Part C of subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-25 et seq.) is amended by adding at the end the following: ``SEC. 2129. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from the CDC Act''. SEC. 2. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. Part C of subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-25 et seq.) is amended by adding at the end the following: ``SEC. 2129. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. ``(a) No Inclusion of COVID Vaccines.--The Secretary, and any official, agency, or office of the Department of Health and Human Services (including the Centers for Disease Control and Prevention and the Advisory Committee of Immunization Practices), shall not include any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services (including the Advisory Committee of Immunization Practices) relating to the safety and efficacy (including any adverse effects) of such vaccine. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''. <all>

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from the CDC Act''. SEC. 2. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. Part C of subtitle 2 of title XXI of the Public Health Service Act (42 U.S.C. 300aa-25 et seq.) is amended by adding at the end the following: ``SEC. 2129. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. ``(a) No Inclusion of COVID Vaccines.--The Secretary, and any official, agency, or office of the Department of Health and Human Services (including the Centers for Disease Control and Prevention and the Advisory Committee of Immunization Practices), shall not include any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services (including the Advisory Committee of Immunization Practices) relating to the safety and efficacy (including any adverse effects) of such vaccine. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''. <all>

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(2) Administrative action.--The Secretary shall take such actions as may be necessary to effectuate the removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1). ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

To amend the Public Health Service Act to prohibit the Secretary of Health and Human Services from placing any vaccine for COVID-19 on the child and adolescent immunization schedule unless the Secretary has posted on the public website of the Centers for Disease Control and Prevention all clinical data in the possession of the Department of Health and Human Services relating to the safety and efficacy of such vaccine, and for other purposes. POSTING OF ALL CLINICAL DATA FOR COVID-19 VACCINES BEFORE PLACEMENT ON CHILD AND ADOLESCENT SCHEDULE. All such data posted under this subsection shall be deidentified to protect all individually identifiable health information, and information with respect to the agency and sponsor personnel of the data involved. ``(b) Vaccines Already on Schedule as of Enactment.-- ``(1) Removal.--Any vaccine for COVID-19 that is included on the child and adolescent immunization schedule as of the date of enactment of this section is hereby deemed to be removed from such schedule. ``(3) Rule of construction.--The removal of a vaccine from the child and adolescent immunization schedule by operation of paragraph (1) shall not be construed to affect the authority of the Secretary (or other officials, agencies, or offices) to place such vaccine back on such schedule so long as such placement is in accordance with subsection (a) and other applicable provisions of law. ``(c) Definition.--In this section, the term `child and adolescent immunization schedule' means the child and adolescent immunization schedule of the Advisory Committee of Immunization Practices (or any successor schedule).''.

S.4057

Government Operations and Politics

Strategic EV Management Act of 2022 This bill directs the General Services Administration (GSA) to coordinate with the heads of federal agencies to develop a comprehensive strategic plan for federal electric vehicle fleet battery management and to report to and brief Congress regarding the plan and its implementation across agencies. The GSA may periodically update the strategic plan based on new information relating to electric vehicle batteries that becomes available. The Government Accountability Office must report to Congress on how the costs and benefits of operating and maintaining electric vehicles in the federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic EV Management Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 551 of title 5, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. SEC. 3. STRATEGIC GUIDANCE. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management. (b) Contents.--The strategic plan required under subsection (a) shall-- (1) maximize both cost and environmental efficiencies; and (2) incorporate-- (A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; (B) guidelines for reusing and recycling the batteries of retired vehicles; and (C) any other considerations determined appropriate by the Administrator and Director. (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. (d) Consultation.--In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including-- (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; (3) the Chair of the Council on Environmental Quality; (4) scientists who are studying electric vehicle batteries and reuse and recycling solutions; (5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research; (6) industries interested in electric vehicle battery reuse and recycling; (7) electric vehicle equipment manufacturers and recyclers; and (8) any other relevant entities, as determined by the Administrator and Director. (e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). (2) Briefing.--Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies. SEC. 4. STUDY OF FEDERAL FLEET VEHICLES. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4057 _______________________________________________________________________

Strategic EV Management Act of 2022

A bill to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes.

Strategic EV Management Act of 2022 Strategic EV Management Act of 2022 Strategic EV Management Act of 2022

Sen. Peters, Gary C.

D

MI

This bill directs the General Services Administration (GSA) to coordinate with the heads of federal agencies to develop a comprehensive strategic plan for federal electric vehicle fleet battery management and to report to and brief Congress regarding the plan and its implementation across agencies. The GSA may periodically update the strategic plan based on new information relating to electric vehicle batteries that becomes available. The Government Accountability Office must report to Congress on how the costs and benefits of operating and maintaining electric vehicles in the federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic EV Management Act of 2022''. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 551 of title 5, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 3. STRATEGIC GUIDANCE. (b) Contents.--The strategic plan required under subsection (a) shall-- (1) maximize both cost and environmental efficiencies; and (2) incorporate-- (A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; (B) guidelines for reusing and recycling the batteries of retired vehicles; and (C) any other considerations determined appropriate by the Administrator and Director. (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. (d) Consultation.--In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including-- (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; (3) the Chair of the Council on Environmental Quality; (4) scientists who are studying electric vehicle batteries and reuse and recycling solutions; (5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research; (6) industries interested in electric vehicle battery reuse and recycling; (7) electric vehicle equipment manufacturers and recyclers; and (8) any other relevant entities, as determined by the Administrator and Director. (2) Briefing.--Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies. SEC. STUDY OF FEDERAL FLEET VEHICLES. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4057 _______________________________________________________________________

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 551 of title 5, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 3. (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. (d) Consultation.--In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including-- (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; (3) the Chair of the Council on Environmental Quality; (4) scientists who are studying electric vehicle batteries and reuse and recycling solutions; (5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research; (6) industries interested in electric vehicle battery reuse and recycling; (7) electric vehicle equipment manufacturers and recyclers; and (8) any other relevant entities, as determined by the Administrator and Director. SEC. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4057 _______________________________________________________________________

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic EV Management Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 551 of title 5, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. SEC. 3. STRATEGIC GUIDANCE. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management. (b) Contents.--The strategic plan required under subsection (a) shall-- (1) maximize both cost and environmental efficiencies; and (2) incorporate-- (A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; (B) guidelines for reusing and recycling the batteries of retired vehicles; and (C) any other considerations determined appropriate by the Administrator and Director. (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. (d) Consultation.--In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including-- (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; (3) the Chair of the Council on Environmental Quality; (4) scientists who are studying electric vehicle batteries and reuse and recycling solutions; (5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research; (6) industries interested in electric vehicle battery reuse and recycling; (7) electric vehicle equipment manufacturers and recyclers; and (8) any other relevant entities, as determined by the Administrator and Director. (e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). (2) Briefing.--Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies. SEC. 4. STUDY OF FEDERAL FLEET VEHICLES. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4057 _______________________________________________________________________

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic EV Management Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' has the meaning given the term in section 551 of title 5, United States Code. (3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. (4) Director.--The term ``Director'' means the Director of the Office of Management and Budget. SEC. 3. STRATEGIC GUIDANCE. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Administrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management. (b) Contents.--The strategic plan required under subsection (a) shall-- (1) maximize both cost and environmental efficiencies; and (2) incorporate-- (A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; (B) guidelines for reusing and recycling the batteries of retired vehicles; and (C) any other considerations determined appropriate by the Administrator and Director. (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. (d) Consultation.--In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including-- (1) the Secretary of Energy; (2) the Administrator of the Environmental Protection Agency; (3) the Chair of the Council on Environmental Quality; (4) scientists who are studying electric vehicle batteries and reuse and recycling solutions; (5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research; (6) industries interested in electric vehicle battery reuse and recycling; (7) electric vehicle equipment manufacturers and recyclers; and (8) any other relevant entities, as determined by the Administrator and Director. (e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). (2) Briefing.--Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies. SEC. 4. STUDY OF FEDERAL FLEET VEHICLES. Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022. Attest: Secretary. 117th CONGRESS 2d Session S. 4057 _______________________________________________________________________

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. 3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. ( (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. ( e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. 3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. ( (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. ( e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. 3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. ( (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. ( e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. 3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. ( (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. ( e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.

To develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management, and for other purposes. 3) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Oversight and Reform of the House of Representatives. ( (c) Modification.--The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available. ( e) Report.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). ( Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles. Passed the Senate September 14, 2022.

H.R.8591

Labor and Employment

This bill requires the National Institute of Occupational Safety and Health to develop a workplace training program on how impairment from using cannabis, opioids, and other drugs effects job safety and ways to prevent, recognize, and respond to such impairment.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. Part P of title III of the Public Health Service Act is amended by inserting after section 399Q (42 U.S.C. 280g-4) the following: ``SEC. 399Q-1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(a) In General.--Not later than 12 months after the date of the enactment of this section, the Secretary, acting through the Director of the National Institute for Occupational Safety and Health (referred to in this section as the `Secretary'), shall conduct research on programs that includes the elements specified in subsection (b) to educate employers, workers, and relevant workplace populations on-- ``(1) the prevention of impairment from the use of cannabis, opioids, and other drugs; and ``(2) the safety risks resulting from individuals working while impaired from the use of cannabis, opioids, and other drugs. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(2) The importance of preventing, recognizing and responding to impairment. ``(3) The role of various workplace professionals when recognizing and responding to perceived impairment from the use of cannabis, opioids, and other drugs. ``(4) Common signs and symptoms of impairment from the use of cannabis, opioids, and other drugs. ``(5) The steps to respond to perceived impairment. ``(6) Common workplace impairment prevention measures. ``(7) Guidance on related workplace policies and information on relevant laws and regulations. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''. <all>

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes.

Rep. Owens, Burgess

R

UT

This bill requires the National Institute of Occupational Safety and Health to develop a workplace training program on how impairment from using cannabis, opioids, and other drugs effects job safety and ways to prevent, recognize, and respond to such impairment.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. Part P of title III of the Public Health Service Act is amended by inserting after section 399Q (42 U.S.C. 280g-4) the following: ``SEC. 399Q-1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(a) In General.--Not later than 12 months after the date of the enactment of this section, the Secretary, acting through the Director of the National Institute for Occupational Safety and Health (referred to in this section as the `Secretary'), shall conduct research on programs that includes the elements specified in subsection (b) to educate employers, workers, and relevant workplace populations on-- ``(1) the prevention of impairment from the use of cannabis, opioids, and other drugs; and ``(2) the safety risks resulting from individuals working while impaired from the use of cannabis, opioids, and other drugs. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(2) The importance of preventing, recognizing and responding to impairment. ``(3) The role of various workplace professionals when recognizing and responding to perceived impairment from the use of cannabis, opioids, and other drugs. ``(4) Common signs and symptoms of impairment from the use of cannabis, opioids, and other drugs. ``(5) The steps to respond to perceived impairment. ``(6) Common workplace impairment prevention measures. ``(7) Guidance on related workplace policies and information on relevant laws and regulations. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''. <all>

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Part P of title III of the Public Health Service Act is amended by inserting after section 399Q (42 U.S.C. 280g-4) the following: ``SEC. 399Q-1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(2) The importance of preventing, recognizing and responding to impairment. ``(3) The role of various workplace professionals when recognizing and responding to perceived impairment from the use of cannabis, opioids, and other drugs. ``(4) Common signs and symptoms of impairment from the use of cannabis, opioids, and other drugs. ``(5) The steps to respond to perceived impairment. ``(6) Common workplace impairment prevention measures. ``(7) Guidance on related workplace policies and information on relevant laws and regulations. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. Part P of title III of the Public Health Service Act is amended by inserting after section 399Q (42 U.S.C. 280g-4) the following: ``SEC. 399Q-1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(a) In General.--Not later than 12 months after the date of the enactment of this section, the Secretary, acting through the Director of the National Institute for Occupational Safety and Health (referred to in this section as the `Secretary'), shall conduct research on programs that includes the elements specified in subsection (b) to educate employers, workers, and relevant workplace populations on-- ``(1) the prevention of impairment from the use of cannabis, opioids, and other drugs; and ``(2) the safety risks resulting from individuals working while impaired from the use of cannabis, opioids, and other drugs. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(2) The importance of preventing, recognizing and responding to impairment. ``(3) The role of various workplace professionals when recognizing and responding to perceived impairment from the use of cannabis, opioids, and other drugs. ``(4) Common signs and symptoms of impairment from the use of cannabis, opioids, and other drugs. ``(5) The steps to respond to perceived impairment. ``(6) Common workplace impairment prevention measures. ``(7) Guidance on related workplace policies and information on relevant laws and regulations. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''. <all>

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. Part P of title III of the Public Health Service Act is amended by inserting after section 399Q (42 U.S.C. 280g-4) the following: ``SEC. 399Q-1. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(a) In General.--Not later than 12 months after the date of the enactment of this section, the Secretary, acting through the Director of the National Institute for Occupational Safety and Health (referred to in this section as the `Secretary'), shall conduct research on programs that includes the elements specified in subsection (b) to educate employers, workers, and relevant workplace populations on-- ``(1) the prevention of impairment from the use of cannabis, opioids, and other drugs; and ``(2) the safety risks resulting from individuals working while impaired from the use of cannabis, opioids, and other drugs. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(2) The importance of preventing, recognizing and responding to impairment. ``(3) The role of various workplace professionals when recognizing and responding to perceived impairment from the use of cannabis, opioids, and other drugs. ``(4) Common signs and symptoms of impairment from the use of cannabis, opioids, and other drugs. ``(5) The steps to respond to perceived impairment. ``(6) Common workplace impairment prevention measures. ``(7) Guidance on related workplace policies and information on relevant laws and regulations. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''. <all>

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures. ``(c) Employee and Employer Defined.--In this section, the terms `employee' and `employer' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652).''.

To amend title III of the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Director of the National Institute for Occupational Safety and Health shall conduct research on programs to educate workplace professionals on the prevention of impairment from the use of cannabis, opioids, and other drugs, and the risks resulting from individuals working while impaired, and for other purposes. IMPAIRMENT PREVENTION, RECOGNITION AND RESPONSE TRAINING. ``(b) Workplace Training Program.--Not later than 12 months after the date of the enactment of this section, the Secretary shall, in consultation with a national nonprofit organization with relevant expertise, develop a workplace training program to be made available to full-time and part-time employees and individuals employed by a State or the Federal Government, which covers the following elements of impairment from the use of cannabis, opioids, and other drugs: ``(1) The impact of impairment from the use of cannabis, opioids, and other drugs on safety on the job. ``(6) Common workplace impairment prevention measures.

H.R.5007

Health

Protecting Vulnerable Patients Act This bill requires health care providers to receive a COVID-19 vaccine as a condition of Medicare and Medicaid participation. Specifically, participating providers must receive a COVID-19 vaccine by the date on which a vaccine is fully approved by the Food and Drug Administration. Providers who choose not to receive the vaccine due to medical necessity or religious beliefs must publicly disclose their vaccination status prior to furnishing services.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. Be it enacted by the Senate 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 Vulnerable Patients Act''. SEC. 2. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. (a) Requirement To Be Vaccinated and Exception.-- (1) Condition of participation in medicare.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (A) in subparagraph (X), by striking at the end ``and''; and (B) in subparagraph (Y)(ii)(V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y)(ii)(V) the following new subparagraph: ``(Z)(i) subject to clause (ii), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, in the case of a provider of services, to have received any such vaccine by such date; and ``(ii) except in the case of a provider of services who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (2) State plan requirement in medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1395a(a)) is amended-- (A) in paragraph (86), by striking at the end ``and''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (87)(D) the following new paragraph: ``(88)(A) subject to subparagraph (B), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, require that any physician or provider participating under the State plan to have received any such vaccine by such date; and ``(B) except in the case of a physician or provider who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID- 19 vaccination status of the physician or provider.''. (b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Exception.--Paragraph (1) may not apply if a physician elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the physician.''. (2) Medicaid.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''. <all>

Protecting Vulnerable Patients Act

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes.

Protecting Vulnerable Patients Act

Rep. Beyer, Donald S., Jr.

D

VA

This bill requires health care providers to receive a COVID-19 vaccine as a condition of Medicare and Medicaid participation. Specifically, participating providers must receive a COVID-19 vaccine by the date on which a vaccine is fully approved by the Food and Drug Administration. Providers who choose not to receive the vaccine due to medical necessity or religious beliefs must publicly disclose their vaccination status prior to furnishing services.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. Be it enacted by the Senate 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 Vulnerable Patients Act''. SEC. 2. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. (a) Requirement To Be Vaccinated and Exception.-- (1) Condition of participation in medicare.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (A) in subparagraph (X), by striking at the end ``and''; and (B) in subparagraph (Y)(ii)(V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y)(ii)(V) the following new subparagraph: ``(Z)(i) subject to clause (ii), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, in the case of a provider of services, to have received any such vaccine by such date; and ``(ii) except in the case of a provider of services who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic 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. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. 1395cc(a)(1)) is amended-- (A) in subparagraph (X), by striking at the end ``and''; and (B) in subparagraph (Y)(ii)(V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y)(ii)(V) the following new subparagraph: ``(Z)(i) subject to clause (ii), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, in the case of a provider of services, to have received any such vaccine by such date; and ``(ii) except in the case of a provider of services who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. Be it enacted by the Senate 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 Vulnerable Patients Act''. SEC. 2. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. (a) Requirement To Be Vaccinated and Exception.-- (1) Condition of participation in medicare.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (A) in subparagraph (X), by striking at the end ``and''; and (B) in subparagraph (Y)(ii)(V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y)(ii)(V) the following new subparagraph: ``(Z)(i) subject to clause (ii), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, in the case of a provider of services, to have received any such vaccine by such date; and ``(ii) except in the case of a provider of services who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (2) State plan requirement in medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1395a(a)) is amended-- (A) in paragraph (86), by striking at the end ``and''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (87)(D) the following new paragraph: ``(88)(A) subject to subparagraph (B), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, require that any physician or provider participating under the State plan to have received any such vaccine by such date; and ``(B) except in the case of a physician or provider who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID- 19 vaccination status of the physician or provider.''. (b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. (2) Medicaid.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. Be it enacted by the Senate 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 Vulnerable Patients Act''. SEC. 2. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. (a) Requirement To Be Vaccinated and Exception.-- (1) Condition of participation in medicare.--Section 1866(a)(1) of the Social Security Act (42 U.S.C. 1395cc(a)(1)) is amended-- (A) in subparagraph (X), by striking at the end ``and''; and (B) in subparagraph (Y)(ii)(V), by striking the period at the end and inserting ``, and''; and (C) by inserting after subparagraph (Y)(ii)(V) the following new subparagraph: ``(Z)(i) subject to clause (ii), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, in the case of a provider of services, to have received any such vaccine by such date; and ``(ii) except in the case of a provider of services who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (2) State plan requirement in medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. 1395a(a)) is amended-- (A) in paragraph (86), by striking at the end ``and''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; and''; and (C) by inserting after paragraph (87)(D) the following new paragraph: ``(88)(A) subject to subparagraph (B), beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, require that any physician or provider participating under the State plan to have received any such vaccine by such date; and ``(B) except in the case of a physician or provider who elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID- 19 vaccination status of the physician or provider.''. (b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. (B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Exception.--Paragraph (1) may not apply if a physician elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the physician.''. (2) Medicaid.--Section 1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''. <all>

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( 2) State plan requirement in medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Exception.--Paragraph (1) may not apply if a physician elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the physician.''. (

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Exception.--Paragraph (1) may not apply if a physician elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the physician.''. (

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( 2) State plan requirement in medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Exception.--Paragraph (1) may not apply if a physician elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the physician.''. (

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( 2) State plan requirement in medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Exception.--Paragraph (1) may not apply if a physician elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the physician.''. (

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( 2) State plan requirement in medicaid.--Section 1902(a) of the Social Security Act (42 U.S.C. b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( B) Part b.--Section 1848 of the Social Security Act (42 U.S.C. 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act.''.

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. REQUIREMENT AND EXCEPTION UNDER MEDICARE AND MEDICAID TO HAVE RECEIVED THE COVID-19 VACCINE UPON FULL APPROVAL BY THE FOOD & DRUG ADMINISTRATION. ( b) Prohibition of Payment If Not Vaccinated and Exception.-- (1) Medicare.-- (A) Part a.--Section 1815 of the Social Security Act (42 U.S.C. 1395g) is amended by adding at the end the following new subsection: ``(g)(1) Subject to paragraph (2), no payment shall be made to a provider of services under this title for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. ``(2) Exception.--Paragraph (1) may not apply if a physician elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the physician.''. (

To amend titles XVIII and XIX of the Social Security Act to require providers to receive the COVID-19 vaccine upon full approval by the Food & Drug Administration unless an exception applies, and for other purposes. ``(2) Paragraph (1) may not apply if a provider of services elects not to receive such vaccine due to medical necessity or religious beliefs, and publicly discloses (as determined by the Secretary) prior to furnishing services to patients the COVID-19 vaccination status of the provider.''. ( 1395w-20) is amended by adding at the end the following new subsection: ``(u) Prohibition of Payment Relating to COVID-19 Vaccine and Exception.-- ``(1) In general.--Subject to paragraph (2), no payment shall be made to a physician under this subsection for any service furnished to an individual by such a provider who, beginning on the date on which any COVID-19 vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act, not received such vaccine by such date. 1396b(i)) is amended-- (A) in paragraph (66), by striking at the end ``or''; and (B) in paragraph (87)(D), by striking the period at the end and inserting ``; or''; and (C) by inserting after paragraph (26) the following new paragraph: ``(27) with respect to any amounts expended for medical assistance for an individual which is provided by a physician or provider who has not received any COVID-19 vaccine beginning on the date on which such vaccine is approved under section 505(b) of the Federal Food, Drug, and Cosmetic Act. ''.

H.R.9250

Taxation

Territorial Tax Parity and Clarification Act This bill modifies the income source rules that apply with respect to the taxation of capital gains from certain personal property sales in the U.S. Virgin Islands (USVI). Specifically, the bill requires capital gains income earned by a USVI resident to be considered USVI source income regardless of the tax rate imposed by the USVI government. (Under current law, a similar rule applies to other U.S. territories, including Guam, American Samoa, the Northern Mariana Islands, and Puerto Rico.)

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''. SEC. 2. MODIFICATION OF SOURCE RULES FOR PERSONAL PROPERTY SALES IN POSSESSIONS. (a) In General.--Section 865(j)(3) of the Internal Revenue Code of 1986 is amended by inserting ``, 932,'' after ``931''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

Territorial Tax Parity and Clarification Act

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States.

Territorial Tax Parity and Clarification Act

Del. Plaskett, Stacey E.

D

VI

This bill modifies the income source rules that apply with respect to the taxation of capital gains from certain personal property sales in the U.S. Virgin Islands (USVI). Specifically, the bill requires capital gains income earned by a USVI resident to be considered USVI source income regardless of the tax rate imposed by the USVI government. (Under current law, a similar rule applies to other U.S. territories, including Guam, American Samoa, the Northern Mariana Islands, and Puerto Rico.)

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''. SEC. 2. MODIFICATION OF SOURCE RULES FOR PERSONAL PROPERTY SALES IN POSSESSIONS. (a) In General.--Section 865(j)(3) of the Internal Revenue Code of 1986 is amended by inserting ``, 932,'' after ``931''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''. SEC. 2. MODIFICATION OF SOURCE RULES FOR PERSONAL PROPERTY SALES IN POSSESSIONS. (a) In General.--Section 865(j)(3) of the Internal Revenue Code of 1986 is amended by inserting ``, 932,'' after ``931''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''. SEC. 2. MODIFICATION OF SOURCE RULES FOR PERSONAL PROPERTY SALES IN POSSESSIONS. (a) In General.--Section 865(j)(3) of the Internal Revenue Code of 1986 is amended by inserting ``, 932,'' after ``931''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''. SEC. 2. MODIFICATION OF SOURCE RULES FOR PERSONAL PROPERTY SALES IN POSSESSIONS. (a) In General.--Section 865(j)(3) of the Internal Revenue Code of 1986 is amended by inserting ``, 932,'' after ``931''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021. <all>

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

To amend the Internal Revenue Code of 1986 to modify the source rules for personal property sales in possessions of the United States. This Act may be cited as the ``Territorial Tax Parity and Clarification Act''.

H.R.9095

International Affairs

The Taliban Sponsor Terrorism Act This bill requires the Department of State to designate Afghanistan as a country where the government has repeatedly provided support for international terrorism. (Generally, such a designation imposes various penalties, such as limiting the country's eligibility for U.S. foreign assistance and arms exports.)

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``The Taliban Sponsor Terrorism Act''. SEC. 2. DESIGNATION OF AFGHANISTAN AS A STATE SPONSOR OF TERRORISM. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law. <all>

The Taliban Sponsor Terrorism Act

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism.

The Taliban Sponsor Terrorism Act

Rep. Boebert, Lauren

R

CO

This bill requires the Department of State to designate Afghanistan as a country where the government has repeatedly provided support for international terrorism. (Generally, such a designation imposes various penalties, such as limiting the country's eligibility for U.S. foreign assistance and arms exports.)

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``The Taliban Sponsor Terrorism Act''. SEC. 2. DESIGNATION OF AFGHANISTAN AS A STATE SPONSOR OF TERRORISM. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law. <all>

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``The Taliban Sponsor Terrorism Act''. SEC. 2. DESIGNATION OF AFGHANISTAN AS A STATE SPONSOR OF TERRORISM. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law. <all>

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``The Taliban Sponsor Terrorism Act''. SEC. 2. DESIGNATION OF AFGHANISTAN AS A STATE SPONSOR OF TERRORISM. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law. <all>

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as ``The Taliban Sponsor Terrorism Act''. SEC. 2. DESIGNATION OF AFGHANISTAN AS A STATE SPONSOR OF TERRORISM. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law. <all>

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

To direct the Secretary of State to designate Afghanistan as a state sponsor of terrorism. Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall designate Afghanistan as a country the government of which has repeatedly provided support for international terrorism pursuant to-- (1) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 (50 U.S.C. 4318(c)(1)(A)); (2) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (3) section 40 of the Arms Export Control Act (22 U.S.C. 2780); and (4) any other applicable provision of law.

H.R.6282

Health

COVID-19 Vaccine Accountability Act This bill excludes manufacturers of a mandated COVID-19 vaccine from certain liability protections that apply to manufacturers of medical countermeasures (i.e., medical products that may be used to treat, prevent, or diagnose conditions associated with emerging infectious diseases or chemical, biological, radiological, or nuclear agents). It also retroactively limits to $10,000 the liability of the United States for a death or injury caused by a COVID-19 vaccine administered on or after January 1, 2020.

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. Be it enacted by the Senate 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 Vaccine Accountability Act''. SEC. 2. LIABILITY OF COVID-19 VACCINE MANUFACTURERS. (a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (b) Covered Person.--Section 319F-3(i)(2) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(2)) is amended by adding at the end the following: ``Such term does not include a manufacturer of a vaccine described in the matter following subparagraph (D) of paragraph (1).''. (c) Limitation of Liability.--Section 319F-3 of the Public Health Service Act (42 U.S.C. 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''. <all>

COVID–19 Vaccine Accountability Act

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes.

COVID–19 Vaccine Accountability Act

Rep. Perry, Scott

R

PA

This bill excludes manufacturers of a mandated COVID-19 vaccine from certain liability protections that apply to manufacturers of medical countermeasures (i.e., medical products that may be used to treat, prevent, or diagnose conditions associated with emerging infectious diseases or chemical, biological, radiological, or nuclear agents). It also retroactively limits to $10,000 the liability of the United States for a death or injury caused by a COVID-19 vaccine administered on or after January 1, 2020.

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. Be it enacted by the Senate 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 Vaccine Accountability Act''. SEC. 2. LIABILITY OF COVID-19 VACCINE MANUFACTURERS. (a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (b) Covered Person.--Section 319F-3(i)(2) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(2)) is amended by adding at the end the following: ``Such term does not include a manufacturer of a vaccine described in the matter following subparagraph (D) of paragraph (1).''. (c) Limitation of Liability.--Section 319F-3 of the Public Health Service Act (42 U.S.C. 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''. <all>

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. Be it enacted by the Senate 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 Vaccine Accountability Act''. SEC. 2. LIABILITY OF COVID-19 VACCINE MANUFACTURERS. (a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (b) Covered Person.--Section 319F-3(i)(2) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(2)) is amended by adding at the end the following: ``Such term does not include a manufacturer of a vaccine described in the matter following subparagraph (D) of paragraph (1).''. (c) Limitation of Liability.--Section 319F-3 of the Public Health Service Act (42 U.S.C. 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''. <all>

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. Be it enacted by the Senate 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 Vaccine Accountability Act''. SEC. 2. LIABILITY OF COVID-19 VACCINE MANUFACTURERS. (a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (b) Covered Person.--Section 319F-3(i)(2) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(2)) is amended by adding at the end the following: ``Such term does not include a manufacturer of a vaccine described in the matter following subparagraph (D) of paragraph (1).''. (c) Limitation of Liability.--Section 319F-3 of the Public Health Service Act (42 U.S.C. 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''. <all>

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. Be it enacted by the Senate 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 Vaccine Accountability Act''. SEC. 2. LIABILITY OF COVID-19 VACCINE MANUFACTURERS. (a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (b) Covered Person.--Section 319F-3(i)(2) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(2)) is amended by adding at the end the following: ``Such term does not include a manufacturer of a vaccine described in the matter following subparagraph (D) of paragraph (1).''. (c) Limitation of Liability.--Section 319F-3 of the Public Health Service Act (42 U.S.C. 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''. <all>

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. ( 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''.

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. ( 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''.

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. ( 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''.

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. ( 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''.

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. (

To amend title III of the Public Health Service Act to eliminate immunity for manufacturers of COVID-19 vaccines, and for other purposes. a) Covered Countermeasure.--Section 319F-3(i)(1) of the Public Health Service Act (42 U.S.C. 247d-6d(i)(1)) is amended by adding at the end the following: ``Such term does not include vaccines for COVID-19 that are required (directly or as a condition of employment, schooling, or otherwise) under Federal, State, or local law to be administered to individuals eligible to receive such a vaccine.''. ( 247d-6d) is amended by adding at the end the following: ``(j) Limitation on Liability.--Pursuant to, and consistent with, the sovereign immunity reservation specified in subsection (f), the liability of the United States for a death or injury caused by the administration of a vaccine for COVID-19 occurring on or after January 1, 2020 shall not exceed $10,000.''.

H.R.8273

Commerce

Small Business Payment for Performance Act of 2022 This bill allows a small business that is awarded a construction contract by a federal agency to request an equitable adjustment if the agency's contracting officer directs a change in the contract's performance without the agreement of the small business. The agency must provide the small business with an interim partial payment to cover additional costs resulting from such a change, and the small business must pay a first tier subcontractor or supplier the portion of the partial payment that is attributable to additional costs incurred due to the change.

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Payment for Performance Act of 2022''. SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS. (a) In General.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended-- (1) by redesignating subsection (x) as subsection (y); and (2) by inserting after subsection (w) the following new subsection: ``(x) Interim Partial Payments for Equitable Adjustments to Construction Contracts.-- ``(1) Request for an equitable adjustment.--A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(3) Limitation.--Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. (b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2024. <all>

Small Business Payment for Performance Act of 2022

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes.

Small Business Payment for Performance Act of 2022

Rep. Stauber, Pete

R

MN

This bill allows a small business that is awarded a construction contract by a federal agency to request an equitable adjustment if the agency's contracting officer directs a change in the contract's performance without the agreement of the small business. The agency must provide the small business with an interim partial payment to cover additional costs resulting from such a change, and the small business must pay a first tier subcontractor or supplier the portion of the partial payment that is attributable to additional costs incurred due to the change.

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Payment for Performance Act of 2022''. SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS. (a) In General.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended-- (1) by redesignating subsection (x) as subsection (y); and (2) by inserting after subsection (w) the following new subsection: ``(x) Interim Partial Payments for Equitable Adjustments to Construction Contracts.-- ``(1) Request for an equitable adjustment.--A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(3) Limitation.--Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. (b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2024. <all>

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Payment for Performance Act of 2022''. SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS. (a) In General.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended-- (1) by redesignating subsection (x) as subsection (y); and (2) by inserting after subsection (w) the following new subsection: ``(x) Interim Partial Payments for Equitable Adjustments to Construction Contracts.-- ``(1) Request for an equitable adjustment.--A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(3) Limitation.--Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. (b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2024.

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Payment for Performance Act of 2022''. SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS. (a) In General.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended-- (1) by redesignating subsection (x) as subsection (y); and (2) by inserting after subsection (w) the following new subsection: ``(x) Interim Partial Payments for Equitable Adjustments to Construction Contracts.-- ``(1) Request for an equitable adjustment.--A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(3) Limitation.--Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. (b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2024. <all>

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Payment for Performance Act of 2022''. SEC. 2. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS. (a) In General.--Section 15 of the Small Business Act (15 U.S.C. 644) is amended-- (1) by redesignating subsection (x) as subsection (y); and (2) by inserting after subsection (w) the following new subsection: ``(x) Interim Partial Payments for Equitable Adjustments to Construction Contracts.-- ``(1) Request for an equitable adjustment.--A small business concern that was awarded a construction contract by an agency may submit a request for an equitable adjustment to the contracting officer of such agency if the contracting officer directs a change in the terms of the contract performance without the agreement of the small business concern. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(3) Limitation.--Any interim partial payment made under this section may not be deemed to be an action to definitize the request for an equitable adjustment. ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. (b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (2) October 1, 2024. <all>

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1).

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. ( b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. ( b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1).

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. ( b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1).

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. ( b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1).

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). A first tier subcontractor that receives a portion of an interim partial payment under this section shall pay to a subcontractor (at any tier) the appropriate portion of such payment.''. ( b) Implementation.--The Administrator of the Small Business Administration shall implement the requirements of this section not later than the earlier of the following dates: (1) The first day of the first full fiscal year beginning after the date of the enactment of this Act. (

To amend the Small Business Act to provide interim partial payment to small business contractors that request an equitable adjustment due to a change in the terms of a construction contract, and for other purposes. Such request shall-- ``(A) be timely made pursuant to the terms of the contract; and ``(B) specify the estimated amount required to cover additional costs resulting from such change in the terms. ``(2) Amount.--Upon receipt of a request for equitable adjustment from a small business concern under paragraph (1), the agency shall provide to such concern an interim partial payment in an amount equal to not less than 50 percent of the estimated amount under paragraph (1)(B). ``(4) Flow-down of interim partial payment amounts.--A small business concern that receives an equitable adjustment under this subsection shall pay to a first tier subcontractor of such concern the portion of each interim partial payment received that is attributable to the increased costs of performance incurred by such subcontractor due to the change in the terms of the contract performance described in paragraph (1).

H.R.5907

Agriculture and Food

Water Infrastructure for Rural and Impoverished Communities Act This bill makes rural communities with up to 30,000 residents eligible to apply, under certain conditions, for grants and loans for water and waste disposal infrastructure. (Current law limits eligibility to communities with 10,000 or fewer residents.) In making the grants and loans, the Department of Agriculture must prioritize communities in counties where at least 20% of the population has persistently lived in poverty.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure for Rural and Impoverished Communities Act''. SEC. 2. AUTHORIZATION TO PROVIDE WATER AND WASTE FACILITY DIRECT LOANS AND GRANTS TO COMMUNITIES WITH GREATER POPULATIONS UNDER CERTAIN CIRCUMSTANCES. (a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. (2) Persistent poverty county.--In subsection (a), the term ``persistent poverty county'' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States. (b) Authorization.--Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by inserting after paragraph (6) the following: ``(7)(A) In the making of direct loans and grants for community waste disposal and water facilities under paragraphs (1) and (2) of this subsection, using any funds made available to the State in which the communities are located for the direct loans or grants for the fiscal year that remain available after June 30 of the fiscal year-- ``(i) section 343(a)(13)(B) shall be applied by substituting `not less than 10,000 and not more than 30,000 inhabitants' for `no more than 10,000 inhabitants'; and ``(ii) the Secretary shall prioritize the making of the direct loans and grants to communities in persistent poverty counties. ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''. <all>

Water Infrastructure for Rural and Impoverished Communities Act

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances.

Water Infrastructure for Rural and Impoverished Communities Act

Rep. Vela, Filemon

D

TX

This bill makes rural communities with up to 30,000 residents eligible to apply, under certain conditions, for grants and loans for water and waste disposal infrastructure. (Current law limits eligibility to communities with 10,000 or fewer residents.) In making the grants and loans, the Department of Agriculture must prioritize communities in counties where at least 20% of the population has persistently lived in poverty.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure for Rural and Impoverished Communities Act''. SEC. 2. AUTHORIZATION TO PROVIDE WATER AND WASTE FACILITY DIRECT LOANS AND GRANTS TO COMMUNITIES WITH GREATER POPULATIONS UNDER CERTAIN CIRCUMSTANCES. (a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. (2) Persistent poverty county.--In subsection (a), the term ``persistent poverty county'' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States. (b) Authorization.--Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by inserting after paragraph (6) the following: ``(7)(A) In the making of direct loans and grants for community waste disposal and water facilities under paragraphs (1) and (2) of this subsection, using any funds made available to the State in which the communities are located for the direct loans or grants for the fiscal year that remain available after June 30 of the fiscal year-- ``(i) section 343(a)(13)(B) shall be applied by substituting `not less than 10,000 and not more than 30,000 inhabitants' for `no more than 10,000 inhabitants'; and ``(ii) the Secretary shall prioritize the making of the direct loans and grants to communities in persistent poverty counties. ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''. <all>

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure for Rural and Impoverished Communities Act''. SEC. AUTHORIZATION TO PROVIDE WATER AND WASTE FACILITY DIRECT LOANS AND GRANTS TO COMMUNITIES WITH GREATER POPULATIONS UNDER CERTAIN CIRCUMSTANCES. (a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. (2) Persistent poverty county.--In subsection (a), the term ``persistent poverty county'' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States. (b) Authorization.--Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by inserting after paragraph (6) the following: ``(7)(A) In the making of direct loans and grants for community waste disposal and water facilities under paragraphs (1) and (2) of this subsection, using any funds made available to the State in which the communities are located for the direct loans or grants for the fiscal year that remain available after June 30 of the fiscal year-- ``(i) section 343(a)(13)(B) shall be applied by substituting `not less than 10,000 and not more than 30,000 inhabitants' for `no more than 10,000 inhabitants'; and ``(ii) the Secretary shall prioritize the making of the direct loans and grants to communities in persistent poverty counties.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure for Rural and Impoverished Communities Act''. SEC. 2. AUTHORIZATION TO PROVIDE WATER AND WASTE FACILITY DIRECT LOANS AND GRANTS TO COMMUNITIES WITH GREATER POPULATIONS UNDER CERTAIN CIRCUMSTANCES. (a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. (2) Persistent poverty county.--In subsection (a), the term ``persistent poverty county'' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States. (b) Authorization.--Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by inserting after paragraph (6) the following: ``(7)(A) In the making of direct loans and grants for community waste disposal and water facilities under paragraphs (1) and (2) of this subsection, using any funds made available to the State in which the communities are located for the direct loans or grants for the fiscal year that remain available after June 30 of the fiscal year-- ``(i) section 343(a)(13)(B) shall be applied by substituting `not less than 10,000 and not more than 30,000 inhabitants' for `no more than 10,000 inhabitants'; and ``(ii) the Secretary shall prioritize the making of the direct loans and grants to communities in persistent poverty counties. ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''. <all>

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Infrastructure for Rural and Impoverished Communities Act''. SEC. 2. AUTHORIZATION TO PROVIDE WATER AND WASTE FACILITY DIRECT LOANS AND GRANTS TO COMMUNITIES WITH GREATER POPULATIONS UNDER CERTAIN CIRCUMSTANCES. (a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. (2) Persistent poverty county.--In subsection (a), the term ``persistent poverty county'' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States. (b) Authorization.--Section 306(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)) is amended by inserting after paragraph (6) the following: ``(7)(A) In the making of direct loans and grants for community waste disposal and water facilities under paragraphs (1) and (2) of this subsection, using any funds made available to the State in which the communities are located for the direct loans or grants for the fiscal year that remain available after June 30 of the fiscal year-- ``(i) section 343(a)(13)(B) shall be applied by substituting `not less than 10,000 and not more than 30,000 inhabitants' for `no more than 10,000 inhabitants'; and ``(ii) the Secretary shall prioritize the making of the direct loans and grants to communities in persistent poverty counties. ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''. <all>

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

To authorize the provision of water and waste facility direct loans and grants to communities with greater populations under certain circumstances. a) List of Persistent Poverty Counties.-- (1) In general.--Within 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall generate a list of all counties in the United States that are persistent poverty counties. ( ``(B) In subparagraph (A), the term `persistent poverty county' means a county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses, and the 2007-2011 American Community Survey 5-year average, or any territory or possession of the United States.''.

H.R.259

Emergency Management

End Diaper Need Act of 2021 This bill establishes and expands programs to increase access to diapers and related supplies primarily for low-income families. The Department of Health and Human Services must award demonstration grants to entities with experience in community distribution of basic necessities or other community services to meet diapering needs of eligible families with infants and toddlers. Additionally, the bill permits states to use Medicaid funds to provide medically necessary diapers and supplies to certain low-income families. These families must have a child who is over age three and diagnosed with a serious condition such as bowel or bladder incontinence. It also allows individuals to buy medically necessary diapers and supplies with funds from health savings accounts and other tax-advantaged accounts for health care expenses.

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. Be it enacted by the Senate 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 Diaper Need Act of 2021''. SEC. 2. DIAPER DISTRIBUTION DEMONSTRATION PROJECT. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et seq.) is amended by adding at the end the following: ``SEC. 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROGRAM. ``(a) Establishment.--The Secretary shall make grants to assist eligible entities to conduct demonstration projects that implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers. ``(b) Design of Program.--In carrying out the grant program under subsection (a), the Secretary shall-- ``(1) consult with relevant stakeholders, including agencies, professional associations, and nonprofit organizations, on the design of the program; and ``(2) design the program in such a way that the program-- ``(A) decreases diaper need in low-income families and meets the unmet diaper needs of infants and toddlers in such families through-- ``(i) the distribution of free diapers and diapering supplies; ``(ii) community outreach to assist in participation in existing diaper distribution programs; or ``(iii) improving access to diapers and diapering supplies as part of a comprehensive service; and ``(B) increases the abilities of communities and low-income families in those communities to provide for the diaper needs of infants and toddlers in those communities. ``(c) Eligible Entities.--To be eligible for a grant under this section, an entity shall-- ``(1) be a State or local governmental entity, an Indian Tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), or a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(2) have experience in the area of-- ``(A) community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products; ``(B) child care; ``(C) child development activities in low-income communities; or ``(D) motherhood, fatherhood, or parent-education efforts serving low-income parents of young children; ``(3) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; ``(4) demonstrate a willingness to share information with researchers, practitioners, and other interested parties; and ``(5) submit to the Secretary a description of the design of the evaluation to be carried out under subsection (d)(2) and receive the Secretary's approval of such design based on a determination that such design is rigorous and is likely to yield information that is credible and will be useful to other States. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(2) Using not more than 25 percent of the funds received by the grantee under this section, to evaluate the effect of activities under paragraph (1) on mitigating the health and developmental risks of unmet diaper need among infants, toddlers, and other family members in low-income families, including the risks of diaper dermatitis, urinary tract infections, and parental and child depression and anxiety. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(B) Programs designed to support the health of eligible children, such as the Children's Health Insurance Program under title XXI of the Social Security Act, the Medicaid program under title XIX of such Act, or State-funded health care programs. ``(C) Programs funded through the Special Supplemental Nutrition Program for Women, Infants, and Children. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(E) Programs to provide improved and affordable access to child care, including programs funded through the Child Care and Development Fund, the Temporary Assistance for Needy Families program, or a State- funded program. ``(e) No Effect on Other Programs.--Any assistance or benefits received by a family as a result of a project established pursuant to this section shall be disregarded for purposes of determining the family's eligibility for, or amount of, benefits under any other Federal needs-based programs. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(2) The number of families that have received assistance from the grantee's diaper distribution project. ``(3) The number of diapers, and the number of each type of diapering supply, distributed under the grantee's diaper distribution project. ``(4) The ZIP Code or ZIP Codes where the grantee distributed diapers and diaper supplies. ``(5) The method or methods the grantee uses to distribute diapers and diapering supplies. ``(6) Such other information as the Secretary may specify. ``(g) Evaluation.--The Secretary, in consultation with each grantee under this section, shall-- ``(1) not later than 2 years after the date of enactment of the End Diaper Need Act of 2021-- ``(A) complete an evaluation of the effectiveness of the program carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the internet website of the Department of Health and Human Services; and ``(2)(A) not later than 3 years after the date of enactment of the End Diaper Need Act of 2021, update the evaluation required by paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (A)-- ``(i) submit to the relevant congressional committees a report describing the results of such updated evaluation; and ``(ii) publish the results of such evaluation on the internet website of the Department of Health and Human Services. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(IV) Refastening closures. ``(2) Diapering supplies.--The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash. ``(3) Eligible child.--The term `eligible child' means a child who-- ``(A) has not attained 4 years of age; and ``(B) is a member of a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(4) Federal poverty line.--The term `Federal poverty line' means the Federal poverty line as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 applicable to a family of the size involved. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025. ``(2) Availability of funds.--Funds provided to a grantee under this section for a fiscal year may be expended by the grantee only in such fiscal year or the succeeding fiscal year.''. SEC. 3. IMPROVING ACCESS TO DIAPERS FOR MEDICALLY COMPLEX CHILDREN. Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended by adding at the end the following new paragraph: ``(11)(A) In the case of any waiver under this subsection that provides medical assistance to a medically complex child who has been diagnosed with bowel or bladder incontinence, a bowel or bladder condition that causes excess urine or stool (such as short gut syndrome or diabetes insipidus), or a severe skin condition that causes skin erosions (such as epidermolysis bullosa), such medical assistance shall include, for the duration of the waiver, the provision of 200 medically necessary diapers per month and diapering supplies. Such medical assistance may include the provision of medically necessary diapers in amounts greater than 200 if a licensed health care provider (such as a physician, nurse practitioner, or physician assistant) specifies that such greater amounts are necessary for such medically complex child. ``(B) For purposes of this paragraph-- ``(i) the term `medically complex child' means an individual who is at least three years of age and for whom a licensed health care provider has provided a diagnosis of one or more significant chronic conditions; ``(ii) the term `medically necessary diaper' means an absorbent garment that is-- ``(I) washable or disposable; and ``(II) worn by a medically complex child who has been diagnosed with a condition described in subparagraph (A) and needs such garment to correct or ameliorate such condition; and ``(iii) the term `diapering supplies' means items, including diaper wipes and diaper creams, necessary to ensure that a medically complex child who has been diagnosed with a condition described in subparagraph (A) and uses a medically necessary diaper is properly cleaned and protected from diaper rash.''. SEC. 4. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. (a) Health Savings Accounts.--Section 223(d)(2) of the Internal Revenue Code of 1986 is amended-- (1) by adding at the end of subparagraph (A) the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies shall be treated as paid for medical care.''; and (2) by adding at the end the following new subparagraph: ``(E) Medically necessary diapers and diapering supplies.--For purposes of this paragraph-- ``(i) Medically necessary diapers.--The term `medically necessary diaper' means an absorbent garment that is washable or disposable worn by an individual needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider. ``(ii) Diapering supplies.--The term `diapering supplies' means items, including diaper wipes and diaper creams necessary to ensure that a child using a medically necessary diaper is properly cleaned and protected from diaper rash.''. (b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. (2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2021. <all>

End Diaper Need Act of 2021

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes.

End Diaper Need Act of 2021

Rep. Lee, Barbara

D

CA

This bill establishes and expands programs to increase access to diapers and related supplies primarily for low-income families. The Department of Health and Human Services must award demonstration grants to entities with experience in community distribution of basic necessities or other community services to meet diapering needs of eligible families with infants and toddlers. Additionally, the bill permits states to use Medicaid funds to provide medically necessary diapers and supplies to certain low-income families. These families must have a child who is over age three and diagnosed with a serious condition such as bowel or bladder incontinence. It also allows individuals to buy medically necessary diapers and supplies with funds from health savings accounts and other tax-advantaged accounts for health care expenses.

SHORT TITLE. This Act may be cited as the ``End Diaper Need Act of 2021''. 2. DIAPER DISTRIBUTION DEMONSTRATION PROGRAM. ``(a) Establishment.--The Secretary shall make grants to assist eligible entities to conduct demonstration projects that implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(E) Programs to provide improved and affordable access to child care, including programs funded through the Child Care and Development Fund, the Temporary Assistance for Needy Families program, or a State- funded program. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(g) Evaluation.--The Secretary, in consultation with each grantee under this section, shall-- ``(1) not later than 2 years after the date of enactment of the End Diaper Need Act of 2021-- ``(A) complete an evaluation of the effectiveness of the program carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the internet website of the Department of Health and Human Services; and ``(2)(A) not later than 3 years after the date of enactment of the End Diaper Need Act of 2021, update the evaluation required by paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (A)-- ``(i) submit to the relevant congressional committees a report describing the results of such updated evaluation; and ``(ii) publish the results of such evaluation on the internet website of the Department of Health and Human Services. ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. 3. IMPROVING ACCESS TO DIAPERS FOR MEDICALLY COMPLEX CHILDREN. SEC. 4. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021.

SHORT TITLE. This Act may be cited as the ``End Diaper Need Act of 2021''. 2. DIAPER DISTRIBUTION DEMONSTRATION PROGRAM. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(II) Waterproof outer cover. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. 3. IMPROVING ACCESS TO DIAPERS FOR MEDICALLY COMPLEX CHILDREN. SEC. 4. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021.

SHORT TITLE. This Act may be cited as the ``End Diaper Need Act of 2021''. 2. DIAPER DISTRIBUTION DEMONSTRATION PROGRAM. ``(a) Establishment.--The Secretary shall make grants to assist eligible entities to conduct demonstration projects that implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(E) Programs to provide improved and affordable access to child care, including programs funded through the Child Care and Development Fund, the Temporary Assistance for Needy Families program, or a State- funded program. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(g) Evaluation.--The Secretary, in consultation with each grantee under this section, shall-- ``(1) not later than 2 years after the date of enactment of the End Diaper Need Act of 2021-- ``(A) complete an evaluation of the effectiveness of the program carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the internet website of the Department of Health and Human Services; and ``(2)(A) not later than 3 years after the date of enactment of the End Diaper Need Act of 2021, update the evaluation required by paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (A)-- ``(i) submit to the relevant congressional committees a report describing the results of such updated evaluation; and ``(ii) publish the results of such evaluation on the internet website of the Department of Health and Human Services. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(2) Diapering supplies.--The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. 3. IMPROVING ACCESS TO DIAPERS FOR MEDICALLY COMPLEX CHILDREN. SEC. 4. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End Diaper Need Act of 2021''. 2. 280g et seq.) 399V-7. DIAPER DISTRIBUTION DEMONSTRATION PROGRAM. ``(a) Establishment.--The Secretary shall make grants to assist eligible entities to conduct demonstration projects that implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers. ``(c) Eligible Entities.--To be eligible for a grant under this section, an entity shall-- ``(1) be a State or local governmental entity, an Indian Tribe or tribal organization (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), or a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; ``(2) have experience in the area of-- ``(A) community distributions of basic need services, including experience collecting, warehousing, and distributing basic necessities such as diapers, food, or menstrual products; ``(B) child care; ``(C) child development activities in low-income communities; or ``(D) motherhood, fatherhood, or parent-education efforts serving low-income parents of young children; ``(3) demonstrate competency to implement a project, provide fiscal accountability, collect data, and prepare reports and other necessary documentation; ``(4) demonstrate a willingness to share information with researchers, practitioners, and other interested parties; and ``(5) submit to the Secretary a description of the design of the evaluation to be carried out under subsection (d)(2) and receive the Secretary's approval of such design based on a determination that such design is rigorous and is likely to yield information that is credible and will be useful to other States. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(E) Programs to provide improved and affordable access to child care, including programs funded through the Child Care and Development Fund, the Temporary Assistance for Needy Families program, or a State- funded program. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(5) The method or methods the grantee uses to distribute diapers and diapering supplies. ``(g) Evaluation.--The Secretary, in consultation with each grantee under this section, shall-- ``(1) not later than 2 years after the date of enactment of the End Diaper Need Act of 2021-- ``(A) complete an evaluation of the effectiveness of the program carried out pursuant to this section; ``(B) submit to the relevant congressional committees a report on the results of such evaluation; and ``(C) publish the results of the evaluation on the internet website of the Department of Health and Human Services; and ``(2)(A) not later than 3 years after the date of enactment of the End Diaper Need Act of 2021, update the evaluation required by paragraph (1)(A); and ``(B) not later than 90 days after completion of the updated evaluation under subparagraph (A)-- ``(i) submit to the relevant congressional committees a report describing the results of such updated evaluation; and ``(ii) publish the results of such evaluation on the internet website of the Department of Health and Human Services. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(IV) Refastening closures. ``(2) Diapering supplies.--The term `diapering supplies' means items, including diaper wipes and diaper cream, necessary to ensure that a child using a diaper is properly cleaned and protected from diaper rash. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025. 3. IMPROVING ACCESS TO DIAPERS FOR MEDICALLY COMPLEX CHILDREN. Section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)) is amended by adding at the end the following new paragraph: ``(11)(A) In the case of any waiver under this subsection that provides medical assistance to a medically complex child who has been diagnosed with bowel or bladder incontinence, a bowel or bladder condition that causes excess urine or stool (such as short gut syndrome or diabetes insipidus), or a severe skin condition that causes skin erosions (such as epidermolysis bullosa), such medical assistance shall include, for the duration of the waiver, the provision of 200 medically necessary diapers per month and diapering supplies. SEC. 4. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021.

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. This Act may be cited as the ``End Diaper Need Act of 2021''. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(3) The number of diapers, and the number of each type of diapering supply, distributed under the grantee's diaper distribution project. ``(6) Such other information as the Secretary may specify. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. Such medical assistance may include the provision of medically necessary diapers in amounts greater than 200 if a licensed health care provider (such as a physician, nurse practitioner, or physician assistant) specifies that such greater amounts are necessary for such medically complex child. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. ( a) Health Savings Accounts.--Section 223(d)(2) of the Internal Revenue Code of 1986 is amended-- (1) by adding at the end of subparagraph (A) the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies shall be treated as paid for medical care. ''; and (2) by adding at the end the following new subparagraph: ``(E) Medically necessary diapers and diapering supplies.--For purposes of this paragraph-- ``(i) Medically necessary diapers.--The term `medically necessary diaper' means an absorbent garment that is washable or disposable worn by an individual needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider. b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. ( (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. ( 2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2021.

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. This Act may be cited as the ``End Diaper Need Act of 2021''. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(2) Using not more than 25 percent of the funds received by the grantee under this section, to evaluate the effect of activities under paragraph (1) on mitigating the health and developmental risks of unmet diaper need among infants, toddlers, and other family members in low-income families, including the risks of diaper dermatitis, urinary tract infections, and parental and child depression and anxiety. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(2) The number of families that have received assistance from the grantee's diaper distribution project. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(IV) Refastening closures. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. ( b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. ( d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. (

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. This Act may be cited as the ``End Diaper Need Act of 2021''. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(2) Using not more than 25 percent of the funds received by the grantee under this section, to evaluate the effect of activities under paragraph (1) on mitigating the health and developmental risks of unmet diaper need among infants, toddlers, and other family members in low-income families, including the risks of diaper dermatitis, urinary tract infections, and parental and child depression and anxiety. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(2) The number of families that have received assistance from the grantee's diaper distribution project. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(IV) Refastening closures. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. ( b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. ( d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. (

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. This Act may be cited as the ``End Diaper Need Act of 2021''. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(3) The number of diapers, and the number of each type of diapering supply, distributed under the grantee's diaper distribution project. ``(6) Such other information as the Secretary may specify. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. Such medical assistance may include the provision of medically necessary diapers in amounts greater than 200 if a licensed health care provider (such as a physician, nurse practitioner, or physician assistant) specifies that such greater amounts are necessary for such medically complex child. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. ( a) Health Savings Accounts.--Section 223(d)(2) of the Internal Revenue Code of 1986 is amended-- (1) by adding at the end of subparagraph (A) the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies shall be treated as paid for medical care. ''; and (2) by adding at the end the following new subparagraph: ``(E) Medically necessary diapers and diapering supplies.--For purposes of this paragraph-- ``(i) Medically necessary diapers.--The term `medically necessary diaper' means an absorbent garment that is washable or disposable worn by an individual needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider. b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. ( (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. ( 2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2021.

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. This Act may be cited as the ``End Diaper Need Act of 2021''. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(2) Using not more than 25 percent of the funds received by the grantee under this section, to evaluate the effect of activities under paragraph (1) on mitigating the health and developmental risks of unmet diaper need among infants, toddlers, and other family members in low-income families, including the risks of diaper dermatitis, urinary tract infections, and parental and child depression and anxiety. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(f) Reports.--As a condition of receiving a grant under this section for a fiscal year, the grantee shall submit to the Secretary, not later than 6 months after the end of the fiscal year, a report that specifies, by month and fiscal year, the following: ``(1) The number of infants and toddlers and the age of the infant and toddlers who received assistance from the grantee's diaper distribution project. ``(2) The number of families that have received assistance from the grantee's diaper distribution project. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(IV) Refastening closures. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. ``(i) Authorization of Appropriations.-- ``(1) In general.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2025. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. ( b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. (c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. ( d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. (

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. This Act may be cited as the ``End Diaper Need Act of 2021''. ``(d) Use of Funds.--Amounts provided through a grant under this section shall be used to conduct a demonstration project to implement and evaluate strategies to help low-income families to address the diaper needs of infants and toddlers, which use may include any of the following: ``(1) To pay for the purchase of diapers and diapering supplies and fund diaper distribution demonstration projects that serve low-income families with one or more children 3 years of age or younger. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(D) Programs that offer early home visiting services, including the Nurse-Family Partnership and the Maternal, Infant, and Early Childhood Home Visiting (MIECHV) Program (including the Tribal Home Visiting Program). ``(3) The number of diapers, and the number of each type of diapering supply, distributed under the grantee's diaper distribution project. ``(6) Such other information as the Secretary may specify. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ``(III) Flexible leg openings. ``(5) Low-income.--The term `low-income', with respect to a family, means a family whose self-certified income is not more than 200 percent of the Federal poverty line. Such medical assistance may include the provision of medically necessary diapers in amounts greater than 200 if a licensed health care provider (such as a physician, nurse practitioner, or physician assistant) specifies that such greater amounts are necessary for such medically complex child. INCLUSION OF DIAPERS AND DIAPERING SUPPLIES AS QUALIFIED MEDICAL EXPENSES. ( a) Health Savings Accounts.--Section 223(d)(2) of the Internal Revenue Code of 1986 is amended-- (1) by adding at the end of subparagraph (A) the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies shall be treated as paid for medical care. ''; and (2) by adding at the end the following new subparagraph: ``(E) Medically necessary diapers and diapering supplies.--For purposes of this paragraph-- ``(i) Medically necessary diapers.--The term `medically necessary diaper' means an absorbent garment that is washable or disposable worn by an individual needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider. b) Archer MSAs.--Section 220(d)(2)(A) of such Code is amended by adding at the end the following: ``For purposes of this subparagraph, amounts paid for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as paid for medical care.''. ( (d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. ( 2) Reimbursements.--The amendment made by subsection (c) shall apply to expenses incurred after December 31, 2021.

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ''; and (2) by adding at the end the following new subparagraph: ``(E) Medically necessary diapers and diapering supplies.--For purposes of this paragraph-- ``(i) Medically necessary diapers.--The term `medically necessary diaper' means an absorbent garment that is washable or disposable worn by an individual needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider. d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. (

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). c) Health Flexible Spending Arrangements and Health Reimbursement Arrangements.--Section 106 of such Code is amended by adding at the end the following new subsection: ``(h) Reimbursements for Medically Necessary Diapers and Diapering Supplies.--For purposes of this section and section 105, expenses incurred for medically necessary diapers and diapering supplies (as defined in section 223(d)(2)(D)) shall be treated as incurred for medical care.''. (

To amend the Public Health Service Act to address the increased burden that maintaining the health and hygiene of infants and toddlers places on families in need, the resultant adverse health effects on children and families, and the limited child care options available for infants and toddlers who lack sufficient diapers, and for other purposes. ``(3) To integrate activities under paragraph (1) with other basic needs assistance programs serving eligible children and their families, including the following: ``(A) Programs funded by the Temporary Assistance for Needy Families program, including its State maintenance of effort provisions. ``(h) Definitions.--In this section: ``(1) Diaper.--The term `diaper' means an absorbent garment that-- ``(A) is washable or disposable that may be worn by an infant or toddler who is not toilet-trained; and ``(B) if disposable-- ``(i) does not use any latex or common allergens; and ``(ii) meets or exceeds the quality standards for diapers commercially available through retail sale in the following categories: ``(I) Absorbency (with acceptable rates for first and second wetting). ``(II) Waterproof outer cover. ''; and (2) by adding at the end the following new subparagraph: ``(E) Medically necessary diapers and diapering supplies.--For purposes of this paragraph-- ``(i) Medically necessary diapers.--The term `medically necessary diaper' means an absorbent garment that is washable or disposable worn by an individual needs diapers because they are medically necessary, serve a preventative medical purpose, or are needed to correct or ameliorate defects or physical or mental illnesses or conditions which are diagnosed by a licenced health care provider. d) Effective Dates.-- (1) Distributions from health savings accounts.--The amendments made by subsections (a) and (b) shall apply to amounts paid after December 31, 2021. (

H.R.3228

Public Lands and Natural Resources

This bill addresses coastal flooding, including by directing the National Oceanic and Atmospheric Administration to develop a comprehensive suite of products and services with respect to coastal floods, coastal land loss, sea level rise, Great Lakes water level, and vertical land motion data.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES. (a) In General.--The Administrator shall, in consultation with other Federal agencies, develop within the National Oceanic and Atmospheric Administration a comprehensive suite of coastal flood and coastal land loss, sea level rise, Great Lakes bathymetry water level, and vertical land motion data, products, and services, and conduct the research and development necessary to support those products and services that-- (1) augment existing capacities and combine existing observations, modeling, predictions, products and services into a coordinated decision-support framework; (2) produce and maintain authoritative and timely data, maps, and information services, including improving existing and new information products and services targeted to end-user needs, that allow coastal communities across the United States to plan for present and future coastal flood and coastal land loss risk; and (3) engage with, ensure accessibility by, and provide technical assistance to, end users, with particular attention to historically underserved and at risk communities and populations, and also including other Federal agencies, regional ocean partnerships, states, local governments, Tribal governments, and Indigenous communities on the appropriate application of these data and tools and to better assess information gaps, needs, and solutions relating to the risk posed by coastal flooding and coastal land loss, including sea level rise. (b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (c) Use of Existing Advisory Committees.--The Administrator may consult with and seek input from existing agency advisory committees to provide recommendations on systems, products, and services relating to coastal flooding and coastal land loss, including sea level rise. (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. (e) International Engagement.--The Administrator, in consultation with the Secretary of State, may work with international counterparts to provide and receive technical assistance, data sharing, and capacity building on matters pertaining to coastal flooding and coastal land loss, sea level rise, and inundation, including participation in relevant international bodies. (f) Report.--The Administrator shall, not later than 1 year after the date of enactment of this Act and every 3 years thereafter, provide the Committee on Natural Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate with a report on actions taken to implement this Act and containing an evaluation of the need to expand and improve agency observations, modeling, predictions, products, and services to-- (1) improve the understanding of the processes that drive coastal flood and coastal land loss risk, including sea level rise, storm events, changing Great Lakes water levels, and land subsidence; and (2) track and report how observed rates of sea level rise compare to the sea level rise trends and predictions published within the quadrennial National Climate Assessments and related reports. (g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. (h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. SEC. 2. INTERAGENCY COORDINATION. (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). (b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). (2) Purposes.--The Subcommittee shall-- (A) examine the latest science and technologies for measuring, predicting, and delivering information related to coastal flood and coastal land loss risk, including sea level rise; (B) coordinate executive branch actions and activities that improve measurements, predictions, and service delivery of information related to coastal flood and coastal land loss risk, including sea level rise; (C) identify gaps in observations, data, information, and modeling relating to coastal flood and coastal land loss risk and ensure that agency activities relating to coastal flood and coastal land loss risk are complementary; (D) consult and coordinate with other interagency climate and ocean policy efforts and bodies as appropriate; (E) coordinate the scientific efforts of Federal agencies and the provision of data and technical assistance from such agencies on matters relating to coastal flooding and coastal land loss; and (F) define and prioritize needs from other Federal agencies that could be addressed by enhancements to Federal data and services, including National Oceanic and Atmospheric Administration products and services. (3) Leadership.--The Subcommittee shall be co-chaired by the Director of the Office of Science and Technology Policy and the Administrator. (4) Membership.--The Subcommittee shall be composed of representatives of each of the following agencies: (A) The National Oceanic and Atmospheric Administration. (B) The National Aeronautics and Space Administration. (C) The United States Geological Survey. (D) The United States Army Corps of Engineers. (E) The Federal Emergency Management Administration. (F) The Environmental Protection Agency. (G) The Department of Defense. (H) The Department of Energy. (I) The National Science Foundation. (J) Such other White House offices and Federal agencies the Director of the Office of Science and Technology Policy determines appropriate. (5) Agreements.-- (A) In general.--To carry out activities under this Act, the heads of agencies represented on the committee may enter into agreements with each other, and transfer, receive, and expend funds made available by a Federal or State agency or any person. (B) National aeronautics and space administration and national oceanic and atmospheric administration.-- The Administrator of the National Aeronautics and Space Administration and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development of sea level rise and coastal flood and coastal land loss related instruments, technologies, data sets, and products in accordance with this Act. (C) United states geological survey and national oceanic and atmospheric administration.--The Director of the United States Geological Survey and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development, quality control, processing, and delivery of coastal hazards and sea level rise related data, modeling, mapping, and services in accordance with this Act. (6) International, academic community, and commercial sector collaboration.--The heads of each Federal agency participating in the Subcommittee established under paragraph (1) shall, to the extent practicable, engage and cooperate with the international community, academic community, and commercial sector on the observational infrastructure, data, scientific research, and service delivery and technical assistance necessary to advance the monitoring, forecasting, and prediction of, preparation for, and protection from coastal flooding and coastal land loss, sea level rise, changing Great Lakes water levels, and land subsidence. (c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. Union Calendar No. 413 117th CONGRESS 2d Session H. R. 3228 [Report No. 117-572, Part I] _______________________________________________________________________

National Coastal Resilience Data and Services Act

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence.

National Coastal Resilience Data and Services Act

Rep. Velazquez, Nydia M.

D

NY

This bill addresses coastal flooding, including by directing the National Oceanic and Atmospheric Administration to develop a comprehensive suite of products and services with respect to coastal floods, coastal land loss, sea level rise, Great Lakes water level, and vertical land motion data.

AUTHORIZATION OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES. (a) In General.--The Administrator shall, in consultation with other Federal agencies, develop within the National Oceanic and Atmospheric Administration a comprehensive suite of coastal flood and coastal land loss, sea level rise, Great Lakes bathymetry water level, and vertical land motion data, products, and services, and conduct the research and development necessary to support those products and services that-- (1) augment existing capacities and combine existing observations, modeling, predictions, products and services into a coordinated decision-support framework; (2) produce and maintain authoritative and timely data, maps, and information services, including improving existing and new information products and services targeted to end-user needs, that allow coastal communities across the United States to plan for present and future coastal flood and coastal land loss risk; and (3) engage with, ensure accessibility by, and provide technical assistance to, end users, with particular attention to historically underserved and at risk communities and populations, and also including other Federal agencies, regional ocean partnerships, states, local governments, Tribal governments, and Indigenous communities on the appropriate application of these data and tools and to better assess information gaps, needs, and solutions relating to the risk posed by coastal flooding and coastal land loss, including sea level rise. (b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. (e) International Engagement.--The Administrator, in consultation with the Secretary of State, may work with international counterparts to provide and receive technical assistance, data sharing, and capacity building on matters pertaining to coastal flooding and coastal land loss, sea level rise, and inundation, including participation in relevant international bodies. SEC. 2. (b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). (B) The National Aeronautics and Space Administration. (C) The United States Geological Survey. (F) The Environmental Protection Agency. (G) The Department of Defense. (H) The Department of Energy. (I) The National Science Foundation. (J) Such other White House offices and Federal agencies the Director of the Office of Science and Technology Policy determines appropriate. Union Calendar No. 413 117th CONGRESS 2d Session H. R. 3228 [Report No. 117-572, Part I] _______________________________________________________________________

AUTHORIZATION OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES. (b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. 2. (b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). (C) The United States Geological Survey. (I) The National Science Foundation.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES. (a) In General.--The Administrator shall, in consultation with other Federal agencies, develop within the National Oceanic and Atmospheric Administration a comprehensive suite of coastal flood and coastal land loss, sea level rise, Great Lakes bathymetry water level, and vertical land motion data, products, and services, and conduct the research and development necessary to support those products and services that-- (1) augment existing capacities and combine existing observations, modeling, predictions, products and services into a coordinated decision-support framework; (2) produce and maintain authoritative and timely data, maps, and information services, including improving existing and new information products and services targeted to end-user needs, that allow coastal communities across the United States to plan for present and future coastal flood and coastal land loss risk; and (3) engage with, ensure accessibility by, and provide technical assistance to, end users, with particular attention to historically underserved and at risk communities and populations, and also including other Federal agencies, regional ocean partnerships, states, local governments, Tribal governments, and Indigenous communities on the appropriate application of these data and tools and to better assess information gaps, needs, and solutions relating to the risk posed by coastal flooding and coastal land loss, including sea level rise. (b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. (e) International Engagement.--The Administrator, in consultation with the Secretary of State, may work with international counterparts to provide and receive technical assistance, data sharing, and capacity building on matters pertaining to coastal flooding and coastal land loss, sea level rise, and inundation, including participation in relevant international bodies. (h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. SEC. 2. INTERAGENCY COORDINATION. (b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). (B) The National Aeronautics and Space Administration. (C) The United States Geological Survey. (D) The United States Army Corps of Engineers. (F) The Environmental Protection Agency. (G) The Department of Defense. (H) The Department of Energy. (I) The National Science Foundation. (J) Such other White House offices and Federal agencies the Director of the Office of Science and Technology Policy determines appropriate. (C) United states geological survey and national oceanic and atmospheric administration.--The Director of the United States Geological Survey and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development, quality control, processing, and delivery of coastal hazards and sea level rise related data, modeling, mapping, and services in accordance with this Act. (6) International, academic community, and commercial sector collaboration.--The heads of each Federal agency participating in the Subcommittee established under paragraph (1) shall, to the extent practicable, engage and cooperate with the international community, academic community, and commercial sector on the observational infrastructure, data, scientific research, and service delivery and technical assistance necessary to advance the monitoring, forecasting, and prediction of, preparation for, and protection from coastal flooding and coastal land loss, sea level rise, changing Great Lakes water levels, and land subsidence. Union Calendar No. 413 117th CONGRESS 2d Session H. R. 3228 [Report No. 117-572, Part I] _______________________________________________________________________

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION ACTIVITIES. (a) In General.--The Administrator shall, in consultation with other Federal agencies, develop within the National Oceanic and Atmospheric Administration a comprehensive suite of coastal flood and coastal land loss, sea level rise, Great Lakes bathymetry water level, and vertical land motion data, products, and services, and conduct the research and development necessary to support those products and services that-- (1) augment existing capacities and combine existing observations, modeling, predictions, products and services into a coordinated decision-support framework; (2) produce and maintain authoritative and timely data, maps, and information services, including improving existing and new information products and services targeted to end-user needs, that allow coastal communities across the United States to plan for present and future coastal flood and coastal land loss risk; and (3) engage with, ensure accessibility by, and provide technical assistance to, end users, with particular attention to historically underserved and at risk communities and populations, and also including other Federal agencies, regional ocean partnerships, states, local governments, Tribal governments, and Indigenous communities on the appropriate application of these data and tools and to better assess information gaps, needs, and solutions relating to the risk posed by coastal flooding and coastal land loss, including sea level rise. (b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (c) Use of Existing Advisory Committees.--The Administrator may consult with and seek input from existing agency advisory committees to provide recommendations on systems, products, and services relating to coastal flooding and coastal land loss, including sea level rise. (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. (e) International Engagement.--The Administrator, in consultation with the Secretary of State, may work with international counterparts to provide and receive technical assistance, data sharing, and capacity building on matters pertaining to coastal flooding and coastal land loss, sea level rise, and inundation, including participation in relevant international bodies. (h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. SEC. 2. INTERAGENCY COORDINATION. (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). (b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). (4) Membership.--The Subcommittee shall be composed of representatives of each of the following agencies: (A) The National Oceanic and Atmospheric Administration. (B) The National Aeronautics and Space Administration. (C) The United States Geological Survey. (D) The United States Army Corps of Engineers. (E) The Federal Emergency Management Administration. (F) The Environmental Protection Agency. (G) The Department of Defense. (H) The Department of Energy. (I) The National Science Foundation. (J) Such other White House offices and Federal agencies the Director of the Office of Science and Technology Policy determines appropriate. (5) Agreements.-- (A) In general.--To carry out activities under this Act, the heads of agencies represented on the committee may enter into agreements with each other, and transfer, receive, and expend funds made available by a Federal or State agency or any person. (C) United states geological survey and national oceanic and atmospheric administration.--The Director of the United States Geological Survey and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development, quality control, processing, and delivery of coastal hazards and sea level rise related data, modeling, mapping, and services in accordance with this Act. (6) International, academic community, and commercial sector collaboration.--The heads of each Federal agency participating in the Subcommittee established under paragraph (1) shall, to the extent practicable, engage and cooperate with the international community, academic community, and commercial sector on the observational infrastructure, data, scientific research, and service delivery and technical assistance necessary to advance the monitoring, forecasting, and prediction of, preparation for, and protection from coastal flooding and coastal land loss, sea level rise, changing Great Lakes water levels, and land subsidence. Union Calendar No. 413 117th CONGRESS 2d Session H. R. 3228 [Report No. 117-572, Part I] _______________________________________________________________________

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (c) Use of Existing Advisory Committees.--The Administrator may consult with and seek input from existing agency advisory committees to provide recommendations on systems, products, and services relating to coastal flooding and coastal land loss, including sea level rise. ( d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). 3) Leadership.--The Subcommittee shall be co-chaired by the Director of the Office of Science and Technology Policy and the Administrator. ( D) The United States Army Corps of Engineers. ( (H) The Department of Energy. ( B) National aeronautics and space administration and national oceanic and atmospheric administration.-- The Administrator of the National Aeronautics and Space Administration and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development of sea level rise and coastal flood and coastal land loss related instruments, technologies, data sets, and products in accordance with this Act. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. 413 117th CONGRESS 2d Session H. R. 3228 [Report No.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. ( (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( 4) Membership.--The Subcommittee shall be composed of representatives of each of the following agencies: (A) The National Oceanic and Atmospheric Administration. ( (E) The Federal Emergency Management Administration. ( H) The Department of Energy. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. ( (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( 4) Membership.--The Subcommittee shall be composed of representatives of each of the following agencies: (A) The National Oceanic and Atmospheric Administration. ( (E) The Federal Emergency Management Administration. ( H) The Department of Energy. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (c) Use of Existing Advisory Committees.--The Administrator may consult with and seek input from existing agency advisory committees to provide recommendations on systems, products, and services relating to coastal flooding and coastal land loss, including sea level rise. ( d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). 3) Leadership.--The Subcommittee shall be co-chaired by the Director of the Office of Science and Technology Policy and the Administrator. ( D) The United States Army Corps of Engineers. ( (H) The Department of Energy. ( B) National aeronautics and space administration and national oceanic and atmospheric administration.-- The Administrator of the National Aeronautics and Space Administration and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development of sea level rise and coastal flood and coastal land loss related instruments, technologies, data sets, and products in accordance with this Act. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. 413 117th CONGRESS 2d Session H. R. 3228 [Report No.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. ( (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( 4) Membership.--The Subcommittee shall be composed of representatives of each of the following agencies: (A) The National Oceanic and Atmospheric Administration. ( (E) The Federal Emergency Management Administration. ( H) The Department of Energy. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. (c) Use of Existing Advisory Committees.--The Administrator may consult with and seek input from existing agency advisory committees to provide recommendations on systems, products, and services relating to coastal flooding and coastal land loss, including sea level rise. ( d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( b) Coastal Flooding, Coastal Land Loss, and Sea Level Rise Subcommittee.-- (1) In general.--Not later than 90 days after the date of enactment of this Act, the President, acting through the appropriate interagency committee or task force, shall establish an interagency subcommittee on coastal flooding, coastal land loss, and sea level rise (referred to in this section as the ``Subcommittee''). 3) Leadership.--The Subcommittee shall be co-chaired by the Director of the Office of Science and Technology Policy and the Administrator. ( D) The United States Army Corps of Engineers. ( (H) The Department of Energy. ( B) National aeronautics and space administration and national oceanic and atmospheric administration.-- The Administrator of the National Aeronautics and Space Administration and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development of sea level rise and coastal flood and coastal land loss related instruments, technologies, data sets, and products in accordance with this Act. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. 413 117th CONGRESS 2d Session H. R. 3228 [Report No.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. ( (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( 4) Membership.--The Subcommittee shall be composed of representatives of each of the following agencies: (A) The National Oceanic and Atmospheric Administration. ( (E) The Federal Emergency Management Administration. ( H) The Department of Energy. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( ( h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. ( 3) Leadership.--The Subcommittee shall be co-chaired by the Director of the Office of Science and Technology Policy and the Administrator. ( ( B) National aeronautics and space administration and national oceanic and atmospheric administration.-- The Administrator of the National Aeronautics and Space Administration and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development of sea level rise and coastal flood and coastal land loss related instruments, technologies, data sets, and products in accordance with this Act. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. b) Data Archiving.--The Administrator shall publish and maintain archives of the data and metadata generated under this Act and shall maximize distribution, access, and use of such data and metadata. ( (d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( g) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration. ( (a) In General.--The Director of the Office of Science and Technology Policy, in consultation with the Administrator, shall-- (1) facilitate interagency cooperation and alignment of Federal Government activities conducted with respect to coastal flooding and coastal land loss, including sea level rise, to improve the ability of the United States to prepare for, avoid, mitigate, respond to, and recover from potentially devastating impacts; and (2) coordinate the activities of the interagency subcommittee established under subsection (b). ( 4) Membership.--The Subcommittee shall be composed of representatives of each of the following agencies: (A) The National Oceanic and Atmospheric Administration. ( (E) The Federal Emergency Management Administration. ( H) The Department of Energy. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

To direct the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, to improve science, data, and services that enable sound decision making in response to coastal flood risk, including impacts of sea level rise, storm events, changing Great Lakes water levels, and land subsidence. d) Technical Assistance to Other Federal Agencies.--To assist in carrying out this Act and to facilitate collaboration, the Administrator may provide technical assistance to other Federal agencies on a reimbursable or non-reimbursable basis, including by entering into an agreement with another Federal agency to detail, for a period of not more than 3 years, an employee of the National Oceanic and Atmospheric Administration to such other Federal agency. ( ( h) Authorization of Appropriations.--To carry out this Section, there are authorized to be appropriated $3,000,000 for each of fiscal years 2022 through 2026. ( 3) Leadership.--The Subcommittee shall be co-chaired by the Director of the Office of Science and Technology Policy and the Administrator. ( ( B) National aeronautics and space administration and national oceanic and atmospheric administration.-- The Administrator of the National Aeronautics and Space Administration and the Administrator shall enter into an interagency agreement providing for cooperation and collaboration in the development of sea level rise and coastal flood and coastal land loss related instruments, technologies, data sets, and products in accordance with this Act. ( c) Administrator.--In this section, the term ``Administrator'' means the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration.

S.4953

Health

Protect Drug Innovation Act This bill repeals several programs and requirements that were enacted under the Inflation Reduction Act of 2022 relating to the prices of prescription drugs, including (1) the Medicare Drug Price Negotiation Program, (2) provisions that require drug manufacturers to issue rebates for certain drugs under Medicare for which prices increase faster than inflation, and (3) provisions that cap annual out-of-pocket spending under the Medicare prescription drug benefit.

To repeal prescription drug price control provisions of the Inflation Reduction 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 ``Protect Drug Innovation Act''. SEC. 2. REPEAL OF PRESCRIPTION DRUG PRICE CONTROL PROVISIONS. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted. <all>

Protect Drug Innovation Act

A bill to repeal prescription drug price control provisions of the Inflation Reduction Act.

Protect Drug Innovation Act

Sen. Lee, Mike

R

UT

This bill repeals several programs and requirements that were enacted under the Inflation Reduction Act of 2022 relating to the prices of prescription drugs, including (1) the Medicare Drug Price Negotiation Program, (2) provisions that require drug manufacturers to issue rebates for certain drugs under Medicare for which prices increase faster than inflation, and (3) provisions that cap annual out-of-pocket spending under the Medicare prescription drug benefit.

To repeal prescription drug price control provisions of the Inflation Reduction 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 ``Protect Drug Innovation Act''. SEC. 2. REPEAL OF PRESCRIPTION DRUG PRICE CONTROL PROVISIONS. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted. <all>

To repeal prescription drug price control provisions of the Inflation Reduction 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 ``Protect Drug Innovation Act''. SEC. 2. REPEAL OF PRESCRIPTION DRUG PRICE CONTROL PROVISIONS. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted. <all>

To repeal prescription drug price control provisions of the Inflation Reduction 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 ``Protect Drug Innovation Act''. SEC. 2. REPEAL OF PRESCRIPTION DRUG PRICE CONTROL PROVISIONS. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted. <all>

To repeal prescription drug price control provisions of the Inflation Reduction 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 ``Protect Drug Innovation Act''. SEC. 2. REPEAL OF PRESCRIPTION DRUG PRICE CONTROL PROVISIONS. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted. <all>

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

To repeal prescription drug price control provisions of the Inflation Reduction Act. Effective on the date of the enactment of this Act, the provisions of parts 1, 2, and 3 of subtitle B of title I of Public Law 117-169 are repealed and the provisions of law amended by such parts are restored as if such parts had never been enacted.

S.1522

Crime and Law Enforcement

Constitutional Concealed Carry Reciprocity Act of 2021 This bill allows a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows its residents to carry concealed firearms. A qualified individual must (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid state-issued concealed carry permit, or be eligible to carry a concealed firearm in his or her state of residence.

To allow reciprocity for the carrying of certain concealed firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Concealed Carry Reciprocity Act of 2021''. SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. 926D. Reciprocity for the carrying of certain concealed firearms ``(a) In General.--Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary-- ``(1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that-- ``(A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or ``(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and ``(2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that-- ``(A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or ``(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. ``(c) Unrestricted License or Permit.--In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. ``(d) Rule of Construction.--Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act. <all>

Constitutional Concealed Carry Reciprocity Act of 2021

A bill to allow reciprocity for the carrying of certain concealed firearms.

Constitutional Concealed Carry Reciprocity Act of 2021

Sen. Cornyn, John

R

TX

This bill allows a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows its residents to carry concealed firearms. A qualified individual must (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid state-issued concealed carry permit, or be eligible to carry a concealed firearm in his or her state of residence.

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. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. 926D. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. ``(c) Unrestricted License or Permit.--In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective Date.--The amendments made by this Act shall take effect 90 days 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. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. 926D. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. ``(c) Unrestricted License or Permit.--In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

To allow reciprocity for the carrying of certain concealed firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Concealed Carry Reciprocity Act of 2021''. SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. 926D. Reciprocity for the carrying of certain concealed firearms ``(a) In General.--Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary-- ``(1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that-- ``(A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or ``(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and ``(2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that-- ``(A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or ``(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. ``(c) Unrestricted License or Permit.--In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. ``(d) Rule of Construction.--Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act. <all>

To allow reciprocity for the carrying of certain concealed firearms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Constitutional Concealed Carry Reciprocity Act of 2021''. SEC. 2. RECIPROCITY FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. 926D. Reciprocity for the carrying of certain concealed firearms ``(a) In General.--Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary-- ``(1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that-- ``(A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or ``(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and ``(2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that-- ``(A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or ``(B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. ``(c) Unrestricted License or Permit.--In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. ``(d) Rule of Construction.--Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms.''. (b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act. <all>

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. ( d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. ( d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. ( d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. ( d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (

To allow reciprocity for the carrying of certain concealed firearms. a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926C the following: ``Sec. ``(b) Conditions and Limitations.--The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. b) Clerical Amendment.--The table of sections for chapter 44 of title 18, United States Code, is amended by inserting after the item relating to section 926C the following: ``926D. Reciprocity for the carrying of certain concealed firearms.''. (c) Severability.--Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. ( d) Effective Date.--The amendments made by this Act shall take effect 90 days after the date of enactment of this Act.

H.R.1186

Health

Supply Chain Security and Pharmaceutical Authentication Act of 2021 This bill modifies the application of requirements for drug packaging to include certain information, such as the product's lot number and expiration date. Under the bill, the requirements shall apply to the packaging of the smallest or individual solid oral dosage form of the product. Currently, such requirements apply to the smallest container (which might contain multiple dosages) of the product that is intended for individual sale to a dispenser, such as a pharmacy.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Chain Security and Pharmaceutical Authentication Act of 2021''. SEC. 2. PACKAGES SUBJECT TO PHARMACEUTICAL DISTRIBUTION SUPPLY CHAIN REQUIREMENTS. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''. <all>

Supply Chain Security and Pharmaceutical Authentication Act of 2021

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes.

Supply Chain Security and Pharmaceutical Authentication Act of 2021

Rep. Van Drew, Jefferson

R

NJ

This bill modifies the application of requirements for drug packaging to include certain information, such as the product's lot number and expiration date. Under the bill, the requirements shall apply to the packaging of the smallest or individual solid oral dosage form of the product. Currently, such requirements apply to the smallest container (which might contain multiple dosages) of the product that is intended for individual sale to a dispenser, such as a pharmacy.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Chain Security and Pharmaceutical Authentication Act of 2021''. SEC. 2. PACKAGES SUBJECT TO PHARMACEUTICAL DISTRIBUTION SUPPLY CHAIN REQUIREMENTS. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''. <all>

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Chain Security and Pharmaceutical Authentication Act of 2021''. SEC. 2. PACKAGES SUBJECT TO PHARMACEUTICAL DISTRIBUTION SUPPLY CHAIN REQUIREMENTS. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''. <all>

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Chain Security and Pharmaceutical Authentication Act of 2021''. SEC. 2. PACKAGES SUBJECT TO PHARMACEUTICAL DISTRIBUTION SUPPLY CHAIN REQUIREMENTS. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''. <all>

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supply Chain Security and Pharmaceutical Authentication Act of 2021''. SEC. 2. PACKAGES SUBJECT TO PHARMACEUTICAL DISTRIBUTION SUPPLY CHAIN REQUIREMENTS. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''. <all>

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

To amend the Federal Food, Drug, and Cosmetic Act to reduce the threat of counterfeit drugs to the pharmaceutical supply chain, and to make the pharmaceutical supply chain more robust, while ensuring the authenticity, content, purity, and manufacturing location and batch number of drugs (including COVID-19 therapeutics and vaccines) and allowing patient verification of authenticity, and for other purposes. Subparagraph (B) of section 581(11) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360eee(11)) is amended to read as follows: ``(B) Individual saleable unit.--For purposes of this paragraph, an `individual saleable unit' is the smallest solid oral dosage form of product, or other individual solid oral dosage form of product, introduced into commerce by the manufacturer or repackager.''.

S.2254

Public Lands and Natural Resources

Montana Headwaters Legacy Act This bill designates specified segments of the following rivers and creeks in Montana as wild, scenic, or recreational rivers No land or interest in land located within the boundary of such a river segment may be acquired by the Department of the Interior or the Department of Agriculture without the consent of the owner of the land or interest.

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers 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 ``Montana Headwaters Legacy Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the streams designated as components of the Wild and Scenic Rivers System by the amendment made by section 4(a) are cherished by the people of the State of Montana and visitors from across the United States and around the world for their clean water, abundant fish and wildlife, spectacular natural settings, and outstanding recreational opportunities; (2) Indian Tribes have used the streams referred to in paragraph (1) for hunting, fishing, gathering, and other cultural purposes since time immemorial; (3) recreational activities (including fishing, hunting, camping, paddling, hiking, swimming, rock climbing, horseback riding, and wildlife watching) on the streams referred to in paragraph (1) and the surrounding land generate billions of dollars annually for the economy of the State of Montana; (4) the multi-billion dollar agricultural industry in the State of Montana thrives on the availability of clean water that originates in headwaters streams on Federal public land; (5) the streams referred to in paragraph (1)-- (A) are national treasures; (B) possess outstandingly remarkable values; and (C) merit the high level of protection afforded by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the importance of maintaining the values of each stream while-- (A) preserving public access; (B) respecting private property rights; (C) allowing appropriate maintenance of existing infrastructure; and (D) allowing historical uses to continue. (b) Purpose.--The purpose of this Act is to designate certain segments and tributaries of the Missouri River and Yellowstone River Headwaters in the State of Montana as components of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable values of each stream and tributary. SEC. 3. DEFINITIONS. In this Act: (1) Covered segment.--The term ``covered segment'' means a river segment designated by paragraphs (231) through (250) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by section 4(a)). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. (4) State.--The term ``State'' means the State of Montana. SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Smith river, montana.--The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(232) Tenderfoot creek, montana.--The portion of Tenderfoot Creek consisting of the approximately 21-mile segment from the confluence with Iron Mines Creek downstream to the confluence with the Smith River, to be administered by the Secretary of Agriculture as a scenic river. ``(233) Gallatin river, montana.--The portion of the Gallatin River in the State of Montana consisting of the approximately 39-mile segment from the Yellowstone National Park boundary downstream to the confluence of Spanish Creek, to be administered by the Secretary of Agriculture as a recreational river. ``(234) Hyalite creek, montana.--The portion of Hyalite Creek consisting of the approximately 6-mile segment from the source in the Gallatin Range downstream to Hyalite Reservoir, to be administered by the Secretary of Agriculture as a scenic river. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(236) Madison river, montana.--The portions of the Madison River in the State of Montana, consisting of-- ``(A) the approximately 2-mile segment from the Yellowstone National Park boundary to the inlet in the Madison arm of Hebgen Lake, to be administered by the Secretary of Agriculture as a scenic river; ``(B) the approximately 37-mile segment from 2,000 feet downstream of the Hebgen Lake Dam downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. 10, approximately 1 mile north of the confluence of Cherry Creek, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a recreational river; ``(C) the approximately 7-mile segment from 800 feet downstream of Madison Dam Powerhouse downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of the Interior as a wild river; and ``(D) the approximately 7-mile segment from the Lee Metcalf Wilderness Boundary downstream to the Bureau of Land Management boundary at the Black's Ford Fishing Access Site, to be administered by the Secretary of the Interior as a recreational river. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(238) Boulder river, montana.--The portions of the Boulder River consisting of-- ``(A) the approximately 3-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 30-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary downstream of Natural Bridge Falls, to be administered by the Secretary of Agriculture as a recreational river. ``(239) Hellroaring creek, montana.--The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(240) Lake fork rock creek, montana.--The portions of Lake Fork Rock Creek consisting of-- ``(A) the approximately 11-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 2-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with Rock Creek, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(242) Slough creek, montana.--The portion of Slough Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(243) Stillwater river, montana.--The portions of the Stillwater River consisting of-- ``(A) the approximately 26-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 3-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to Flume Creek, to be administered by the Secretary of Agriculture as a recreational river. ``(244) West boulder river, montana.--The portion of the West Boulder River consisting of the approximately 11-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(245) West fork stillwater river, montana.--The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka- Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(246) West fork of rock creek, montana.--The portions of West Fork of Rock Creek consisting of-- ``(A) the approximately 9-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 11-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(247) Yellowstone river, montana.--The portion of the Yellowstone River in the State of Montana, consisting of the approximately 19-mile segment from the Yellowstone National Park boundary in Gardiner, Montana, downstream to the confluence with Rock Creek at the Cabella Fishing Access Site, to be administered by the Secretary of Agriculture and the Secretary of the Interior as a recreational river. ``(248) Cabin creek, montana.--The portions of Cabin Creek in the State of Montana, consisting of-- ``(A) the approximately 6.3-mile segment from the source in the Madison Range downstream to the fish barrier, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 1-mile segment from the fish barrier downstream to the confluence with the Madison River, to be administered by the Secretary of Agriculture as a recreational river, subject to the condition that the designation of the segment shall not preclude maintenance or management of the fish barrier by cooperating Federal and State agencies. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. ``(250) Clarks fork of the yellowstone river, montana.--The portions of the Clarks Fork of the Yellowstone River in the State of Montana, consisting of-- ``(A) the approximately 0.5-mile segment from Broadwater River downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a scenic river; and ``(B) the approximately 2.1-mile segment from Absaroka-Beartooth Wilderness boundary downstream to the Montana-Wyoming State line, to be administered by the Secretary of Agriculture as a wild river.''. (b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. (c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act). <all>

Montana Headwaters Legacy Act

A bill to amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes.

Montana Headwaters Legacy Act

Sen. Tester, Jon

D

MT

This bill designates specified segments of the following rivers and creeks in Montana as wild, scenic, or recreational rivers No land or interest in land located within the boundary of such a river segment may be acquired by the Department of the Interior or the Department of Agriculture without the consent of the owner of the land or interest.

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. SHORT TITLE. This Act may be cited as the ``Montana Headwaters Legacy Act''. FINDINGS; PURPOSE. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the importance of maintaining the values of each stream while-- (A) preserving public access; (B) respecting private property rights; (C) allowing appropriate maintenance of existing infrastructure; and (D) allowing historical uses to continue. 3. DEFINITIONS. 1274(a)) (as added by section 4(a)). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. (4) State.--The term ``State'' means the State of Montana. SEC. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. (c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States.

This Act may be cited as the ``Montana Headwaters Legacy Act''. FINDINGS; PURPOSE. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) 3. 1274(a)) (as added by section 4(a)). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. (4) State.--The term ``State'' means the State of Montana. SEC. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. (c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States.

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers 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 ``Montana Headwaters Legacy Act''. FINDINGS; PURPOSE. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the importance of maintaining the values of each stream while-- (A) preserving public access; (B) respecting private property rights; (C) allowing appropriate maintenance of existing infrastructure; and (D) allowing historical uses to continue. 3. DEFINITIONS. 1274(a)) (as added by section 4(a)). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. (4) State.--The term ``State'' means the State of Montana. SEC. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(244) West boulder river, montana.--The portion of the West Boulder River consisting of the approximately 11-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. (b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. (c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States.

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers 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 ``Montana Headwaters Legacy Act''. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the streams designated as components of the Wild and Scenic Rivers System by the amendment made by section 4(a) are cherished by the people of the State of Montana and visitors from across the United States and around the world for their clean water, abundant fish and wildlife, spectacular natural settings, and outstanding recreational opportunities; (2) Indian Tribes have used the streams referred to in paragraph (1) for hunting, fishing, gathering, and other cultural purposes since time immemorial; (3) recreational activities (including fishing, hunting, camping, paddling, hiking, swimming, rock climbing, horseback riding, and wildlife watching) on the streams referred to in paragraph (1) and the surrounding land generate billions of dollars annually for the economy of the State of Montana; (4) the multi-billion dollar agricultural industry in the State of Montana thrives on the availability of clean water that originates in headwaters streams on Federal public land; (5) the streams referred to in paragraph (1)-- (A) are national treasures; (B) possess outstandingly remarkable values; and (C) merit the high level of protection afforded by the Wild and Scenic Rivers Act (16 U.S.C. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the importance of maintaining the values of each stream while-- (A) preserving public access; (B) respecting private property rights; (C) allowing appropriate maintenance of existing infrastructure; and (D) allowing historical uses to continue. 3. DEFINITIONS. 1274(a)) (as added by section 4(a)). (2) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term ``Indian tribe'' in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. (4) State.--The term ``State'' means the State of Montana. SEC. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS. ``(236) Madison river, montana.--The portions of the Madison River in the State of Montana, consisting of-- ``(A) the approximately 2-mile segment from the Yellowstone National Park boundary to the inlet in the Madison arm of Hebgen Lake, to be administered by the Secretary of Agriculture as a scenic river; ``(B) the approximately 37-mile segment from 2,000 feet downstream of the Hebgen Lake Dam downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(244) West boulder river, montana.--The portion of the West Boulder River consisting of the approximately 11-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. (b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. (c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act).

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers 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. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) would recognize the importance of maintaining the values of each stream while-- (A) preserving public access; (B) respecting private property rights; (C) allowing appropriate maintenance of existing infrastructure; and (D) allowing historical uses to continue. ( 3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of the Interior, with respect to a covered segment under the jurisdiction of the Secretary of the Interior; and (B) the Secretary of Agriculture, with respect to a covered segment under the jurisdiction of the Secretary of Agriculture. ( (a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Smith river, montana.--The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(232) Tenderfoot creek, montana.--The portion of Tenderfoot Creek consisting of the approximately 21-mile segment from the confluence with Iron Mines Creek downstream to the confluence with the Smith River, to be administered by the Secretary of Agriculture as a scenic river. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(236) Madison river, montana.--The portions of the Madison River in the State of Montana, consisting of-- ``(A) the approximately 2-mile segment from the Yellowstone National Park boundary to the inlet in the Madison arm of Hebgen Lake, to be administered by the Secretary of Agriculture as a scenic river; ``(B) the approximately 37-mile segment from 2,000 feet downstream of the Hebgen Lake Dam downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(238) Boulder river, montana.--The portions of the Boulder River consisting of-- ``(A) the approximately 3-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 30-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary downstream of Natural Bridge Falls, to be administered by the Secretary of Agriculture as a recreational river. ``(239) Hellroaring creek, montana.--The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(242) Slough creek, montana.--The portion of Slough Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(245) West fork stillwater river, montana.--The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka- Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(246) West fork of rock creek, montana.--The portions of West Fork of Rock Creek consisting of-- ``(A) the approximately 9-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 11-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. ``(250) Clarks fork of the yellowstone river, montana.--The portions of the Clarks Fork of the Yellowstone River in the State of Montana, consisting of-- ``(A) the approximately 0.5-mile segment from Broadwater River downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a scenic river; and ``(B) the approximately 2.1-mile segment from Absaroka-Beartooth Wilderness boundary downstream to the Montana-Wyoming State line, to be administered by the Secretary of Agriculture as a wild river.''. (b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. ( c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) (b) Purpose.--The purpose of this Act is to designate certain segments and tributaries of the Missouri River and Yellowstone River Headwaters in the State of Montana as components of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable values of each stream and tributary. a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Smith river, montana.--The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(234) Hyalite creek, montana.--The portion of Hyalite Creek consisting of the approximately 6-mile segment from the source in the Gallatin Range downstream to Hyalite Reservoir, to be administered by the Secretary of Agriculture as a scenic river. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(239) Hellroaring creek, montana.--The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(243) Stillwater river, montana.--The portions of the Stillwater River consisting of-- ``(A) the approximately 26-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 3-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to Flume Creek, to be administered by the Secretary of Agriculture as a recreational river. ``(245) West fork stillwater river, montana.--The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka- Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. ( (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act).

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) (b) Purpose.--The purpose of this Act is to designate certain segments and tributaries of the Missouri River and Yellowstone River Headwaters in the State of Montana as components of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable values of each stream and tributary. a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Smith river, montana.--The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(234) Hyalite creek, montana.--The portion of Hyalite Creek consisting of the approximately 6-mile segment from the source in the Gallatin Range downstream to Hyalite Reservoir, to be administered by the Secretary of Agriculture as a scenic river. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(239) Hellroaring creek, montana.--The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(243) Stillwater river, montana.--The portions of the Stillwater River consisting of-- ``(A) the approximately 26-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 3-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to Flume Creek, to be administered by the Secretary of Agriculture as a recreational river. ``(245) West fork stillwater river, montana.--The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka- Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. ( (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act).

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) 1274(a)) is amended by adding at the end the following: ``(231) Smith river, montana.--The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(236) Madison river, montana.--The portions of the Madison River in the State of Montana, consisting of-- ``(A) the approximately 2-mile segment from the Yellowstone National Park boundary to the inlet in the Madison arm of Hebgen Lake, to be administered by the Secretary of Agriculture as a scenic river; ``(B) the approximately 37-mile segment from 2,000 feet downstream of the Hebgen Lake Dam downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(239) Hellroaring creek, montana.--The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(246) West fork of rock creek, montana.--The portions of West Fork of Rock Creek consisting of-- ``(A) the approximately 9-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 11-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. (b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. ( c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) (b) Purpose.--The purpose of this Act is to designate certain segments and tributaries of the Missouri River and Yellowstone River Headwaters in the State of Montana as components of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable values of each stream and tributary. a) In General.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(231) Smith river, montana.--The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(234) Hyalite creek, montana.--The portion of Hyalite Creek consisting of the approximately 6-mile segment from the source in the Gallatin Range downstream to Hyalite Reservoir, to be administered by the Secretary of Agriculture as a scenic river. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(239) Hellroaring creek, montana.--The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(243) Stillwater river, montana.--The portions of the Stillwater River consisting of-- ``(A) the approximately 26-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 3-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to Flume Creek, to be administered by the Secretary of Agriculture as a recreational river. ``(245) West fork stillwater river, montana.--The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka- Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. ( (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act (including the amendments made by this Act).

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. in order to maintain the benefits provided by the streams described in paragraphs (1) through (3) for future generations to enjoy; and (6) designation of select public land segments of the streams referred to in paragraph (1) under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) 1274(a)) is amended by adding at the end the following: ``(231) Smith river, montana.--The portion of the Smith River consisting of the approximately 24-mile segment from the confluence of Tenderfoot Creek downstream to the confluence of Deep Creek, to be administered by the Secretary of Agriculture as a scenic river. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(236) Madison river, montana.--The portions of the Madison River in the State of Montana, consisting of-- ``(A) the approximately 2-mile segment from the Yellowstone National Park boundary to the inlet in the Madison arm of Hebgen Lake, to be administered by the Secretary of Agriculture as a scenic river; ``(B) the approximately 37-mile segment from 2,000 feet downstream of the Hebgen Lake Dam downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(239) Hellroaring creek, montana.--The portion of Hellroaring Creek consisting of the approximately 19-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(246) West fork of rock creek, montana.--The portions of West Fork of Rock Creek consisting of-- ``(A) the approximately 9-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 11-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(249) Middle fork of cabin creek, montana.--The portion of the Middle Fork of Cabin Creek in the State of Montana, consisting of the approximately 5.1-mile segment from the source in the Madison Range downstream to the confluence with Cabin Creek, to be administered by the Secretary of Agriculture as a wild river. (b) Consent of Owner of Land Required.--No land or interest in land located within the boundary of a covered segment may be acquired by the Secretary concerned without the consent of the owner of the land or interest in land. ( c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(245) West fork stillwater river, montana.--The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka- Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river.

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(236) Madison river, montana.--The portions of the Madison River in the State of Montana, consisting of-- ``(A) the approximately 2-mile segment from the Yellowstone National Park boundary to the inlet in the Madison arm of Hebgen Lake, to be administered by the Secretary of Agriculture as a scenic river; ``(B) the approximately 37-mile segment from 2,000 feet downstream of the Hebgen Lake Dam downstream to the point at which the river leaves Bureau of Land Management land at the north boundary of T. 8 S., R. 1 W., sec. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ``(246) West fork of rock creek, montana.--The portions of West Fork of Rock Creek consisting of-- ``(A) the approximately 9-mile segment from the source in the Absaroka-Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 11-mile segment from the Absaroka-Beartooth Wilderness boundary downstream to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ( c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(245) West fork stillwater river, montana.--The portion of the West Fork Stillwater River consisting of the approximately 14-mile segment from the source in the Absaroka- Beartooth Wilderness downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river.

To amend the Wild and Scenic Rivers Act to designate certain streams in the greater Yellowstone ecosystem and Smith River system in the State of Montana as components of the Wild and Scenic Rivers System, and for other purposes. ``(235) Taylor creek, montana.--The portion of Taylor Creek consisting of-- ``(A) the approximately 3-mile segment from the source in the Madison Range downstream to the Lee Metcalf Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 15-mile segment from the Lee Metcalf Wilderness boundary downstream to the Gallatin River, to be administered by the Secretary of Agriculture as a recreational river, with the boundary of the corridor flowing through the private land of Nine Quarter Circle Ranch being the ordinary high water mark. ``(237) Bear creek, montana.--The portions of Bear Creek consisting of-- ``(A) the approximately 2-mile segment from the source downstream to the Absaroka-Beartooth Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river; and ``(B) the approximately 7-mile segment from the Absaroka-Beartooth Wilderness boundary to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture as a recreational river. ``(241) Rock creek, montana.--The portion of Rock Creek in the State of Montana consisting of the approximately 14-mile segment from the border between the States of Montana and Wyoming to the Custer Gallatin National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river. ( c) Effect of Designations.--Nothing in this Act or an amendment made by this Act affects valid existing rights, including-- (1) Federal, Tribal, and interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (2) water rights in the State; and (3) water rights held by the United States. (

S.1220

Armed Forces and National Security

United States Cadet Nurse Corps Service Recognition Act of 2021 This bill recognizes service as a member of the U.S. Cadet Nurse Corps between July 1, 1943, and December 31, 1948, as active duty service. The active duty designation entitles qualifying individuals to certain benefits afforded to veterans, such as burial benefits (not including interment at Arlington National Cemetery) and honorary veteran status. Under the bill, the Department of Defense (DOD) must issue individuals who served in the corps during the specified period a discharge from their service under honorable conditions if such a discharge is warranted based on the duration and nature of the service. Such individuals are not entitled to Department of Veterans Affairs benefits aside from those related to burials and memorials. The bill also authorizes DOD to produce a service medal or other commendation, memorial plaque, or grave marker to honor the individuals.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. Be it enacted by the Senate 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 Cadet Nurse Corps Service Recognition Act of 2021''. SEC. 2. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO SERVED IN UNITED STATES CADET NURSE CORPS DURING WORLD WAR II. Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1)(A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''. <all>

United States Cadet Nurse Corps Service Recognition Act of 2021

A bill to amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes.

United States Cadet Nurse Corps Service Recognition Act of 2021

Sen. Warren, Elizabeth

D

MA

This bill recognizes service as a member of the U.S. Cadet Nurse Corps between July 1, 1943, and December 31, 1948, as active duty service. The active duty designation entitles qualifying individuals to certain benefits afforded to veterans, such as burial benefits (not including interment at Arlington National Cemetery) and honorary veteran status. Under the bill, the Department of Defense (DOD) must issue individuals who served in the corps during the specified period a discharge from their service under honorable conditions if such a discharge is warranted based on the duration and nature of the service. Such individuals are not entitled to Department of Veterans Affairs benefits aside from those related to burials and memorials. The bill also authorizes DOD to produce a service medal or other commendation, memorial plaque, or grave marker to honor the individuals.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. Be it enacted by the Senate 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 Cadet Nurse Corps Service Recognition Act of 2021''. SEC. 2. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO SERVED IN UNITED STATES CADET NURSE CORPS DURING WORLD WAR II. Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1)(A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''. <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 ``United States Cadet Nurse Corps Service Recognition Act of 2021''. SEC. 2. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO SERVED IN UNITED STATES CADET NURSE CORPS DURING WORLD WAR II. Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1)(A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service. ``(ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. Be it enacted by the Senate 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 Cadet Nurse Corps Service Recognition Act of 2021''. SEC. 2. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO SERVED IN UNITED STATES CADET NURSE CORPS DURING WORLD WAR II. Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1)(A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''. <all>

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. Be it enacted by the Senate 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 Cadet Nurse Corps Service Recognition Act of 2021''. SEC. 2. RECOGNITION AND HONORING OF SERVICE OF INDIVIDUALS WHO SERVED IN UNITED STATES CADET NURSE CORPS DURING WORLD WAR II. Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: ``(g)(1)(A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''. <all>

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and 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)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and 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)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and 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)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and 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)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes. ``(B)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). ``(3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B).''.

To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and 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)(i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. ``(2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A).

S.2391

International Affairs

National Security Powers Act of 2021 This bill limits presidential authorities related to, and increases congressional oversight of, introducing U.S. armed forces into hostilities, arms transactions, and national emergencies. The bill limits presidential authority to introduce U.S. forces into hostilities absent a declaration of war, specific statutory authorization, or when necessary to repel a sudden attack (or imminent threat of an attack). It also establishes procedures for the President to notify Congress of and obtain authorization for the introduction of U.S. forces into hostilities (or the risk of them). Additionally, the bill repeals laws authorizing the use of force abroad and the War Powers Resolution, which provides procedures for Congress and the President to participate in decisions to send U.S. forces into hostilities. For a treaty or other international obligation to authorize the introduction or retention of U.S. forces, Congress must specifically enact implementing legislation to that effect. The President must seek congressional approval before entering, renewing, or extending an arms sale or related transaction if the transaction exceeds specified dollar thresholds. This does not apply to transactions with NATO and its member countries, Australia, Japan, South Korea, Israel, New Zealand, or Taiwan. The bill restricts presidential authorities related to national emergencies, including by limiting the period of a declared emergency to 30 days unless Congress authorizes an extension. The bill also establishes procedures for approving or disapproving an extension, requires the President to provide more detailed reports to Congress about national emergencies, and sets out specific provisions for terminating an emergency.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other 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 ``National Security Powers Act of 2021''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--WAR POWERS REFORM Sec. 101. Definitions. Sec. 102. Policy. Sec. 103. Sunset of existing authorizations for the use of military force. Sec. 104. Repeal of the War Powers Resolution. Sec. 105. Notification. Sec. 106. Requirement for authorization. Sec. 107. Expedited procedures for congressional action. Sec. 108. Termination of funding. Sec. 109. Interpretation of statutory authority requirement. Sec. 110. Separability clause. TITLE II--ARMS EXPORT CONTROL Sec. 201. Short title. Sec. 202. Purpose. Sec. 203. Congressional authorization of arms sales. Sec. 204. Procedures for consideration of joint resolution authorizing or prohibiting arms sales. Sec. 205. Emergency procedures under Arms Export Control Act. Sec. 206. Conforming amendments. Sec. 207. Applicability. TITLE III--NATIONAL EMERGENCIES ACT REFORM Sec. 301. Requirements relating to declaration and renewal of national emergencies. Sec. 302. Termination of national emergencies. Sec. 303. Review by Congress of national emergencies. Sec. 304. Reporting requirements. Sec. 305. Conforming amendments. Sec. 306. Applicability. TITLE I--WAR POWERS REFORM SEC. 101. DEFINITIONS. In this title: (1) Country.--The term ``country'', when used in a geographic sense, includes territories (whether or not disputed) and possessions, territorial waters, and airspace. (2) Hostilities.--The term ``hostilities'' means any situation involving any use of lethal or potentially lethal force by or against United States forces (or, for purposes of paragraph 4(B), by or against foreign regular or irregular forces), irrespective of the domain, whether such force is deployed remotely, or the intermittency thereof. The term does not include activities undertaken pursuant to section 503 of the National Security Act of 1947 (50 U.S.C. 5093) if such action is intended to have exclusively non-lethal effects. (3) Hostilities report.--The term ``hostilities report'' means a written report that sets forth the following information: (A) The circumstances necessitating the introduction of United States forces into hostilities or a situation where there is a serious risk thereof, or retaining them in a location where hostilities or the serious risk thereof has developed. (B) The estimated cost of such operations. (C) The specific legislative and constitutional authority for such action. (D) Any international law implications related to such action if applicable. (E) The estimated scope and duration of the United States forces' participation in hostilities, including an accounting of the personnel and weapons to be deployed. (F) The country or countries in which the operations or deployment of United States forces are to occur or are ongoing. (G) A description of their mission and the mission objectives that would indicate the mission is complete. (H) Any foreign partner forces or multilateral organizations that may be involved in the operations. (I) The name of the specific country (or countries) or organized armed group (or groups) against which the use of force is authorized. (J) The risk to United States forces or other United States persons or property involved in the operations. (K) Any other information as may be required to fully inform Congress. (4) Introduce.--The term ``introduce'' means-- (A) with respect to hostilities or a situation where there is a serious risk of hostilities, any commitment, engagement, or other involvement of United States forces, whether or not constituting self-defense measures by United States forces in response to an attack or serious risk thereof in any foreign country (including its airspace, cyberspace, or territorial waters) or otherwise outside the United States and whether or not United States forces are present or operating remotely launched, piloted, or directed attacks; or (B) the assigning or detailing of members of United States forces to command, advise, assist, accompany, coordinate, or provide logistical or material support or training for any foreign regular or irregular military forces if-- (i) those foreign forces are involved in hostilities; and (ii) such activities by United States forces make the United States a party to a conflict or are more likely than not to do so. (5) Serious risk of hostilities.--The term ``serious risk of hostilities'' means any situation where it is more likely than not that the United States forces will become engaged in hostilities, irrespective of whether the primary purpose of the mission is training or assistance. (6) Specific statutory authorization.--The term ``specific statutory authorization'' means any joint resolution or bill introduced after the date of the enactment of this Act and enacted into law to authorize the use of military force that includes, at a minimum, the following elements: (A) A clearly defined mission and operational objectives and the identities of all individual countries or organized armed groups against which hostilities by the United States forces are authorized. (B) A requirement the President seek from the Congress a subsequent specific statutory authorization for any expansion of the mission to include new operational objectives, additional countries, or organized armed groups. (C) A termination of the authorization for such use of United States forces within two years absent the enactment of a subsequent specific statutory authorization for such use of United States forces. (D) In cases where the use of military force in a particular situation is being reauthorized, an estimate and analysis prepared by the Congressional Budget Office of costs to United States taxpayers to date of operations conducted pursuant to the prior authorization or authorizations for that situation, and of prospective costs to United States taxpayers for operations to be conducted pursuant to the proposed authorization. (7) Substantially enlarge.--The term ``substantially enlarge'' means, for any two-year period, an increase in the number of United States forces that causes the total number of forces in a foreign country to exceed the lowest number of forces in that country during that period by 25 percent or more, or any increase of 1,000 or more forces. Temporary duty and rotational forces shall be included in the number of United States forces for the purposes of this title. (8) Training.--When used with respect to any foreign regular or irregular forces, the term ``training'' has the meaning given the term ``military education and training'' in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403), but does not include training that is focused entirely on observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military. (9) United states forces.--The term ``United States forces'' means any individuals employed by, or under contract to, or under the direction of, any department or agency of the United States Government who are-- (A) deployed military or paramilitary personnel; or (B) military or paramilitary personnel who use lethal or potentially lethal force in the cyberspace domain. SEC. 102. POLICY. The constitutional authority of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities or into situations where there is a serious risk of hostilities shall be exercised only pursuant to-- (1) a declaration of war; (2) specific statutory authorization; or (3) when necessary to repel a sudden attack, or the concrete, specific, and immediate threat of such a sudden attack upon the United States, its territories, or possessions, its armed forces, or other United States citizens overseas. SEC. 103. SUNSET OF EXISTING AUTHORIZATIONS FOR THE USE OF MILITARY FORCE. Effective 180 days after the date of the enactment of this Act, the following laws are hereby repealed: (1) The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note). (2) The Authorization for Use of Military Force (Public Law 107-40; 50 U.S.C. 1541 note). (3) The Authorization for Use of Military Force Against Iraq (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note). (4) The 1957 Authorization for Use of Military Force in the Middle East (Public Law 87-5). SEC. 104. REPEAL OF THE WAR POWERS RESOLUTION. The War Powers Resolution (Public Law 93-148; 50 U.S.C. 1541 et seq.) is hereby repealed. SEC. 105. NOTIFICATION. The President shall notify Congress, in writing, within 48 hours after United States forces enter the territory, airspace, or waters of a foreign country-- (1) while equipped for combat, except for deployments which relate solely to transportation, supply, replacement, or training of such United States forces; or (2) in numbers that substantially enlarge the number of United States forces already located in a foreign nation. SEC. 106. REQUIREMENT FOR AUTHORIZATION. (a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. The President shall provide continuing hostilities reports to Congress 30 days after the initial report and every 30 days thereafter, in accordance with subsection (d). (b) Authorization for Certain Activities Relating to Hostilities.-- In cases where the President introduces United States forces into hostilities or a situation where there is a serious risk of hostilities either because of the need to repel a sudden attack upon the United States, its territories or possessions, its armed forces, or other United States citizens overseas or because the concrete, specific, and immediate threat of such a sudden attack, and the time required to provide Congress with a briefing necessary to inform a vote to obtain prior authorization from Congress within 72 hours would prevent an effective defense against the attack or threat of immediate attack, the President shall-- (1) within 48 hours of ordering the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, inform Congress of the President's decision, describe the action taken, the justification for proceeding without prior authorization, and certifying either that hostilities have concluded or that they are continuing; and (2) not later than 7 calendar days after ordering the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, submit to Congress a hostilities report and request for specific statutory authorization except in cases where a certification is submitted to Congress that the President-- (A) has withdrawn, removed, and otherwise ceased the use of United States forces from the situation that triggered this requirement; and (B) does not intend to reintroduce them. (c) Termination of Activities Related to Hostilities.--If Congress does not enact a specific statutory authorization for United States forces to engage in hostilities in response to a request in accordance with subsection (b) within 20 days after the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall withdraw, remove, and otherwise cease the use of United States forces. This 20-day period shall be extended for not more than an additional 10 days if the President determines, certifies, and justifies to Congress in writing that unavoidable military necessity involving the safety of the forces requires the continued use of the forces for the sole purpose of bringing about their safe removal from hostilities. (d) Continuing Hostilities Reports.--If the President obtains specific statutory authorization, the President shall continue to provide hostilities reports to Congress on the United States' forces' engagement or possible engagement in hostilities whenever there is a material change in the information previously reported under this section and in no event less frequently than every 30 days from the delivery of the first hostilities report. (e) Form.--Any report submitted pursuant to subsection (a), (b), or (d) shall be submitted to Congress in unclassified form without any designation relating to dissemination control and may include a classified annex only to the extent required to protect the national security of the United States. (f) Transmittal.--Each report submitted pursuant to subsection (a), (b), or (d) shall be transmitted to each house of Congress on the same calendar day. The report shall be-- (1) referred to-- (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) made available to any member of Congress upon request. SEC. 107. EXPEDITED PROCEDURES FOR CONGRESSIONAL ACTION. (a) Consideration by Congress.--Any resolution of disapproval described in subsection (b) may be considered by Congress using the expedited procedures set forth in this section. (b) Resolution of Disapproval.--For purposes of this section, the term ``resolution'' means only a joint resolution of the two Houses of Congress-- (1) the title of which is as follows: ``A joint resolution disapproving of the use of the United States Armed Forces in the prosecution of certain conflict.''; (2) which does not have a preamble; and (3) the sole matter after the resolving clause of which is as follows: ``That Congress does not approve the use of military force in the prosecution of _______'', with the blank space being filled with a description of the conflict concerned. (c) Referral.--A resolution described in subsection (b) introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. A resolution described in subsection (b) that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. (d) Discharge.--If the committee to which a resolution described in subsection (b) is referred has not reported such resolution (or an identical resolution) by the end of 10 calendar days beginning on the date of introduction, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. (e) Consideration.-- (1) In general.--On or after the third calendar day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. All points of order against the resolution (and against consideration of the resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the resolution shall remain the unfinished business of the respective House until disposed of. (2) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. An amendment to the resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is agreed to or disagreed to is not in order. (3) Vote on final passage.--Immediately following the conclusion of the debate on the resolution and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. (4) Appeals from decisions of chair.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. (f) Consideration by Other House.-- (1) In general.--If, before the passage by one House of a resolution of that House described in subsection (b), that House receives from the other House a resolution described in subsection (b), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. (B)(i) The consideration as described in subsection (e) in that House shall be the same as if no resolution had been received from the other House; but (ii) The vote on final passage shall be on the resolution of the other House. (2) Following disposition.--Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution that originated in the receiving House. (g) Vetoes.--If the President vetoes a resolution, debate in the Senate of any veto message with respect to the resolution, including all debatable motions and appeals in connection with the resolution, shall be limited to 10 hours, which shall be divided equally between those favoring and those opposing the resolution. (h) Rules of the Senate and House of Representatives.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a resolution described in subsection (b), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 108. TERMINATION OF FUNDING. Notwithstanding any other provision of law, no funds appropriated or otherwise made available under any law may be obligated or expended for any activity by United States forces for which prior congressional authorization is required under this title but has not been obtained, or for which authorization is required under this title but has not been obtained by the deadline specified in section 106(c) or for which a resolution of disapproval in accordance with section 107(b) has been enacted into law. SEC. 109. INTERPRETATION OF STATUTORY AUTHORITY REQUIREMENT. Statutory authority to introduce United States forces into hostilities or into situations where there is a serious risk of hostilities, or to retain them in a situation where hostilities or the serious risk thereof has developed, shall not be inferred-- (1) from any provision of law, including any provision contained in any appropriation Act, unless such provision expressly authorizes such introduction or retention and states that it is intended to constitute specific statutory authorization within the meaning of this title; or (2) from any source of international legal obligation binding on the United States, including any resolution of the United Nations Security Council and any treaty ratified before, on, or after the date of the enactment of this Act, unless such treaty is implemented by legislation specifically authorizing such introduction or retention and stating that it is intended to constitute specific statutory authorization within the meaning of this title. SEC. 110. SEPARABILITY CLAUSE. If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of the resolution and the application of such provision to any other person or circumstance shall not be affected thereby. TITLE II--ARMS EXPORT CONTROL SEC. 201. SHORT TITLE. This title may be cited as the ``Arms Export Reform Act of 2021''. SEC. 202. PURPOSE. It is the purpose of this title to ensure the proper role of Congress in national security decisions pertaining to sales, exports, leases, and loans of defense articles, especially with respect to armed conflict and human rights. SEC. 203. CONGRESSIONAL AUTHORIZATION OF ARMS SALES. (a) Certification Required.-- (1) In general.--Notwithstanding any other provision of law, in the case of a covered letter of offer, a covered application for a license, or a covered agreement, before such a letter of offer or license is issued or before such an agreement is entered into or renewed, the President shall submit to Congress a certification described in paragraph (3). (2) Covered letters of offers, applications for licenses, and agreements.--For purposes of this subsection: (A) A covered letter of offer is any letter of offer to sell under the Arms Export Control Act (22 U.S.C. 2751 et seq.) any item described in subsection (c). (B) A covered application for a license is any application by a person (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act (22 U.S.C. 2761, 2762)) for a license for the export of any item described in subsection (c). (C) A covered agreement is any agreement involving the lease under chapter 6 of the Arms Export Control Act (22 U.S.C. 2796 et seq.), or the loan under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.), of any item described in subsection (c) to any foreign country or international organization for a period of one year or longer. (3) Certification described.--A certification described in this paragraph is a numbered certification containing the following: (A) In the case of a letter of offer to sell, the information described in section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) and section 36(b)(2) of such Act, as redesignated by section 206(a) of this Act, without regard to the dollar amount of such sale, except as specified in subsection (c). (B) In the case of a license for export (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act (22 U.S.C. 2761, 2762)), the information described in section 36(c) of such Act (22 U.S.C. 2776(c)), as amended by section 206(b) of this Act, without regard to the dollar amount of such export, except as specified in subsection (c). (C) In the case of a lease or loan agreement, the information described in section 62(a) of the Arms Export Control Act (22 U.S.C. 2796a(a)), unless section 62(b) of such Act (22 U.S.C. 2796a(b)) applies, without regard to the dollar amount of such lease or loan, except as specified in subsection (c). (b) Congressional Authorization Required.-- (1) Prior congressional authorization.--No letter of offer may be issued under the Arms Export Control Act (22 U.S.C. 2751 et seq.) with respect to a proposed sale of any item described in subsection (c) to any country or international organization (other than a country or international organization described in paragraph (2)), no license may be issued under such Act with respect to a proposed export of any such item to any such country or organization, and no lease may be made under chapter 6 of such Act (22 U.S.C. 2796 et seq.) and no loan may be made under chapter 2 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.) of any such item to any such country or organization, unless there is enacted a joint resolution or other provision of law authorizing such sale, export, lease, or loan, as the case may be. (2) NATO and certain countries.--No letter of offer or license described in paragraph (1) may be issued and no lease or loan described in such paragraph may be made with respect to a proposed sale, export, lease, or loan, as the case may be, of any item described in subsection (c) to the North Atlantic Treaty Organization (NATO), any member country of such organization, Australia, Japan, the Republic of Korea, Israel, New Zealand, or Taiwan, if, not later than 20 calendar days after receiving the appropriate certification, a joint resolution is enacted prohibiting the proposed sale, export, lease, or loan, as the case may be. (c) Items Described.--The items described in this subsection are those items of types and classes as follows (including parts, components, and technical data): (1) Firearms and ammunition of $1,000,000 or more. (2) Air to ground munitions of $14,000,000 or more. (3) Tanks, armored vehicles, and related munitions of $14,000,000 or more. (4) Fixed and rotary, manned or unmanned armed aircraft of $14,000,000 or more. (5) Services or training to security services of $14,000,000 or more. SEC. 204. PROCEDURES FOR CONSIDERATION OF JOINT RESOLUTION AUTHORIZING OR PROHIBITING ARMS SALES. (a) Consideration by Congress.--Any joint resolution under section 203(b) shall be considered by Congress using the expedited procedures set forth in section 107(c)-(h). (b) Form of Joint Resolutions.-- (1) Prior congressional authorization.--The joint resolution required by section 203(b)(1) is a joint resolution the text of which consists only of one or more sections, each of which reads as follows: ``The proposed ___ to ___ described in the certification submitted pursuant to section 203(a) of the Arms Export Reform Act of 2021, which was received by Congress on ___ (Transmittal number) is authorized.'', with the appropriate activity, whether sale, export, lease, or loan, and the appropriate country or international organization, date, and transmittal number inserted. (2) NATO and certain countries.--The joint resolution required by section 203(b)(2) is a joint resolution the text of which consists of only one section, which reads as follows: ``That the proposed ___ to ___ described in the certification submitted pursuant to section 203(a) of the Arms Export Reform Act of 2021, which was received by Congress on ___ (Transmittal number) is not authorized.'', with the appropriate activity, whether sale, export, lease, or loan, and the appropriate country or international organization, date, and the transmittal number inserted. SEC. 205. EMERGENCY PROCEDURES UNDER ARMS EXPORT CONTROL ACT. Section 36 of the Arms Export Control Act is amended by adding at the end the following: ``(j) Restriction on Emergency Authority Relating to Arms Sales Under This Act.--A determination of the President that an emergency exists requiring a proposed transfer of defense articles or defense services in the national security interests of the United States, thus waiving the congressional review requirements pursuant to section 3 -- ``(1) shall apply only if-- ``(A) the President submits a determination and justification for each individual approval, letter of offer, or license for the defense articles or defense services that includes a specific and detailed description of how such waiver of the congressional review requirements directly responds to or addresses the circumstances of the emergency cited in the determination; and ``(B) the delivery of the defense articles or defense services will take place not later than 60 days after the date on which such determination is made, unless otherwise authorized by Congress; and ``(2) shall not apply in the case of defense articles or defense services that include manufacturing or co-production of the articles or services outside the United States.''. SEC. 206. CONFORMING AMENDMENTS. (a) Government-to-Government Sales.-- (1) In general.--Section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) is amended-- (A) in paragraph (1)-- (i) in the matter preceding subparagraph (A), in the first sentence, by striking ``Subject to paragraph (6)'' and inserting ``Subject to paragraph (4)''; and (ii) in the flush text following subparagraph (P), by striking the last 2 sentences; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4), (5), and (6) as paragraphs (2), (3), and (4), respectively; (D) in subparagraph (C) of paragraph (3), as so redesignated, in the first sentence, by striking ``Subject to paragraph (6)'' and inserting ``Subject to paragraph (4)''; and (E) in paragraph (4), as redesignated by subparagraph (C) of this paragraph, in the matter preceding subparagraph (A), by striking ``in paragraph (5)(C)'' and inserting ``in paragraph (3)(C)''. (2) Conforming amendment.--Section 38(f)(5)(B)(ii) of such Act (22 U.S.C. 2778(f)(5)(B)(ii)) is amended by striking ``section 36(b)(5)(A)'' and inserting ``section 36(b)(3)(A)''. (b) Commercially Licensed Sales.--Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``Subject to paragraph (5), in'' and inserting ``In''; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). (c) Legislative Review of Leases and Loans.-- (1) Repeal.--Section 63 of such Act (22 U.S.C. 2796b) is repealed. (2) Conforming amendment.--Section 62(b) of such Act (22 U.S. 2976a(b)) is amended, in the first sentence, by striking ``(and in the case'' and all that follows through ``of that section)''. SEC. 207. APPLICABILITY. This title and the amendments made by this title shall apply with respect to any letter of offer or license for export issued, or any lease or loan made, after the date of the enactment of this Act. TITLE III--NATIONAL EMERGENCIES ACT REFORM SEC. 301. REQUIREMENTS RELATING TO DECLARATION AND RENEWAL OF NATIONAL EMERGENCIES. Section 201 of the National Emergencies Act (50 U.S.C. 1621) is amended to read as follows: ``SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES. ``(a) Authority To Declare National Emergencies.--With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such a national emergency by proclamation. Such proclamation shall immediately be transmitted to Congress and published in the Federal Register. ``(b) Specification of Provisions of Law To Be Exercised.-- ``(1) In general.--No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in-- ``(A) a proclamation declaring a national emergency under subsection (a); or ``(B) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. ``(2) Limitations.--The President may-- ``(A) specify under paragraph (1) only provisions of law that make available powers and authorities that relate to the nature of the national emergency; and ``(B) exercise such powers and authorities only to address the national emergency. ``(c) Temporary Effective Periods.-- ``(1) In general.--A declaration of a national emergency under subsection (a) may last for 30 days from the issuance of the proclamation (not counting the day on which the proclamation was issued) and shall terminate when that 30-day period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). That power or authority cannot be exercised once that 30-day period expires, unless there is enacted into law a joint resolution of approval under section 203 approving-- ``(A) the proclamation of the national emergency or the Executive order; and ``(B) the exercise of the power or authority specified by the President in such proclamation or Executive order. ``(3) Exception if congress is unable to convene.--If Congress is physically unable to convene as a result of an armed attack upon the United States or another national emergency, the 30-day periods described in paragraphs (1) and (2) shall begin on the first day Congress convenes for the first time after the attack or other emergency. ``(d) Prohibition on Subsequent Actions if Emergencies Not Approved.-- ``(1) Subsequent declarations.--If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the 30-day period described in subsection (c), or with respect to a national emergency proposed to be renewed under subsection (e), the President may not, during the remainder of the term of office of that President, declare a subsequent national emergency under subsection (a) with respect to the same circumstances. ``(2) Exercise of authorities.--If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President in a proclamation under subsection (a) or an Executive order under subsection (b)(1)(B) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency. ``(e) Renewal of National Emergencies.--A national emergency declared by the President under subsection (a) or previously renewed under this subsection, and not already terminated pursuant to subsection (c) or section 202(a), shall terminate on a date that is not later than one year after the President transmitted to Congress the proclamation declaring the emergency under subsection (a) or Congress approved a previous renewal pursuant to this subsection, unless-- ``(1) the President publishes in the Federal Register and transmits to Congress an Executive order renewing the emergency; and ``(2) there is enacted into law a joint resolution of approval renewing the emergency pursuant to section 203 before the termination of the emergency or previous renewal of the emergency. ``(f) Effect of Future Laws.--No law enacted after the date of the enactment of this Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title.''. SEC. 302. TERMINATION OF NATIONAL EMERGENCIES. Section 202 of the National Emergencies Act (50 U.S.C. 1622) is amended to read as follows: ``SEC. 202. TERMINATION OF NATIONAL EMERGENCIES. ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(1) the date provided for in section 201(c); ``(2) the date on which Congress, by statute, terminates the emergency; ``(3) the date on which the President issues a proclamation terminating the emergency; or ``(4) the date provided for in section 201(e). ``(b) 5-Year Limitation.--Under no circumstances may a national emergency declared by the President under section 201(a) continue on or after the date that is 5 years after the date on which the national emergency was first declared. ``(c) Effect of Termination.-- ``(1) In general.--Effective on the date of the termination of a national emergency under subsection (a) or (b)-- ``(A) except as provided by paragraph (2), any powers or authorities exercised by reason of the emergency shall cease to be exercised; ``(B) any amounts reprogrammed or transferred under any provision of law with respect to the emergency that remain unobligated on that date shall be returned and made available for the purpose for which such amounts were appropriated; and ``(C) any contracts entered into under any provision of law relating to the emergency shall be terminated. ``(2) Savings provision.--The termination of a national emergency shall not moot-- ``(A) any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under subsection (a) or (b); or ``(B) any legal action or legal proceeding based on any act committed prior to that date.''. SEC. 303. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES. Title II of the National Emergencies Act (50 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 203. REVIEW BY CONGRESS OF NATIONAL EMERGENCIES. ``(a) Joint Resolutions of Approval and of Termination.-- ``(1) Definitions.--In this section: ``(A) Joint resolution of approval.--The term `joint resolution of approval' means a joint resolution that contains only the following provisions after its resolving clause: ``(i) A provision approving-- ``(I) a proclamation of a national emergency made under section 201(a); ``(II) an Executive order issued under section 201(b)(1)(B); or ``(III) an Executive order issued under section 201(e). ``(ii) A provision approving a list of all or a portion of the provisions of law specified by the President under section 201(b) in the proclamation or Executive order that is the subject of the joint resolution. ``(B) Joint resolution of termination.--The term `joint resolution of termination' means a joint resolution terminating-- ``(i) a national emergency declared under section 201(a); or ``(ii) the exercise of any powers or authorities pursuant to that emergency. ``(2) Procedures for consideration of joint resolutions of approval.-- ``(A) Introduction.--After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. ``(B) Requests to convene congress during recesses.--If, when the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), Congress has adjourned sine die or has adjourned for any period in excess of 3 calendar days, the Speaker of the House of Representatives and the President pro tempore of the Senate, if they deem it advisable (or if petitioned by at least one-third of the membership of their respective Houses) shall jointly request the President to convene Congress in order that it may consider the proclamation or Executive order and take appropriate action pursuant to this section. ``(C) Committee referral.--A joint resolution of approval or a joint resolution of termination shall be referred in each House of Congress to the committee or committees having jurisdiction over the emergency authorities invoked pursuant to the national emergency that is the subject of the joint resolution. ``(D) Consideration in senate.--In the Senate, the following rules shall apply: ``(i) Reporting and discharge.--If the committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it at the end of 10 calendar days after its introduction, that committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. ``(ii) Proceeding to consideration.-- Notwithstanding Rule XXII of the Standing Rules of the Senate, when the committee to which a joint resolution of approval or a joint resolution of termination is referred has reported the resolution, or when that committee is discharged under clause (i) from further consideration of the resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution to be made, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is subject to 4 hours of debate divided equally between those favoring and those opposing the joint resolution of approval or the joint resolution of termination. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. ``(iii) Floor consideration.--A joint resolution of approval or a joint resolution of termination shall be subject to 10 hours of debate, to be divided evenly between the proponents and opponents of the resolution. ``(iv) Amendments.-- ``(I) In general.--Except as provided in subclause (II), no amendments shall be in order with respect to a joint resolution of approval or a joint resolution of termination. ``(II) Amendments to strike or add specified provisions of law.--Subclause (I) shall not apply with respect to any amendment to a joint resolution of approval to strike from or add to the list required by paragraph (1)(A)(ii) a provision or provisions of law specified by the President under section 201(b) in the proclamation or Executive order. ``(v) Motion to reconsider final vote.--A motion to reconsider a vote on final passage of a joint resolution of approval or of a joint resolution of termination shall not be in order. ``(vi) Appeals.--Points of order, including questions of relevancy, and appeals from the decision of the Presiding Officer, shall be decided without debate. ``(E) Consideration in house of representatives.-- In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. ``(F) Receipt of resolution from other house.--If, before passing a joint resolution of approval or a joint resolution of termination, one House receives from the other House a joint resolution of approval or a joint resolution of termination-- ``(i) the joint resolution of the other House shall not be referred to a committee and shall be deemed to have been discharged from committee on the day it is received; and ``(ii) the procedures set forth in subparagraph (D) or (E), as applicable, shall apply in the receiving House to the joint resolution received from the other House to the same extent as such procedures apply to a joint resolution of the receiving House. ``(G) Rule of construction.--The enactment of a joint resolution of approval or of a joint resolution of termination under this subsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. ``(b) Rules of the House and the Senate.--Subsection (a) is enacted by Congress-- ``(1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in the House in the case of joint resolutions of approval, and supersede other rules only to the extent that it is inconsistent with such other rules; and ``(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.''. SEC. 304. REPORTING REQUIREMENTS. Section 401 of the National Emergencies Act (50 U.S.C. 1641) is amended by adding at the end the following: ``(d) Report on Emergencies.--The President shall transmit to Congress, with any proclamation declaring a national emergency under section 201(a), or Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a report, in writing, that includes the following: ``(1) A description of the circumstances necessitating the declaration of a national emergency, the renewal of such an emergency, or the use of a new emergency authority specified in the Executive order, as the case may be. ``(2) The estimated duration of the national emergency. ``(3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency. ``(4) In the case of a renewal of a national emergency, a summary of the actions the President or other officers have taken in the preceding one-year period, including any reprogramming or transfer of funds, to address the emergency. ``(e) Provision of Information to Congress.--The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. ``(f) Periodic Reports on Status of Emergencies.--If the President declares a national emergency under section 201(a), the President shall, not less frequently than every 180 days for the duration of the emergency, report to Congress on the status of the emergency and the actions the President or other officers have taken and authorities the President and such officers have relied on in addressing the emergency. ``(g) Final Report on Activities During National Emergency.--Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing-- ``(1) the actions that the President or other officers took to address the emergency; and ``(2) the powers and authorities the President and such officers relied on to take such actions. ``(h) Public Disclosure.--Each report required by this section shall be transmitted in unclassified form and be made public at the same time the report is transmitted to Congress, although a classified annex may be provided to Congress, if necessary.''. SEC. 305. CONFORMING AMENDMENTS. (a) National Emergencies Act.--Title III of the National Emergencies Act (50 U.S.C. 1631) is repealed. (b) International Emergency Economic Powers Act.--Section 207 of the International Emergency Economic Powers Act (50 U.S.C. 1706) is amended-- (1) in subsection (b), by striking ``if the national emergency'' and all that follows through ``under this section.'' and inserting the following: ``if-- ``(1) the national emergency is terminated pursuant to section 202(a)(2) of the National Emergencies Act; or ``(2) a joint resolution of approval is not enacted as required by section 203 of that Act to approve-- ``(A) the national emergency; or ``(B) the exercise of such authorities.''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''. SEC. 306. APPLICABILITY. (a) In General.--Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date of the enactment of this Act. (b) Application to National Emergencies Previously Declared.--A national emergency declared under section 201 of the National Emergencies Act before the date of the enactment of this Act shall be unaffected by the amendments made by this Act, except that such an emergency shall terminate on the date that is not later than one year after such date of enactment unless the emergency is renewed under subsection (e) of such section 201, as amended by section 301 of this Act. <all>

National Security Powers Act of 2021

A bill to provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes.

National Security Powers Act of 2021 Arms Export Reform Act of 2021

Sen. Murphy, Christopher

D

CT

This bill limits presidential authorities related to, and increases congressional oversight of, introducing U.S. armed forces into hostilities, arms transactions, and national emergencies. The bill limits presidential authority to introduce U.S. forces into hostilities absent a declaration of war, specific statutory authorization, or when necessary to repel a sudden attack (or imminent threat of an attack). It also establishes procedures for the President to notify Congress of and obtain authorization for the introduction of U.S. forces into hostilities (or the risk of them). Additionally, the bill repeals laws authorizing the use of force abroad and the War Powers Resolution, which provides procedures for Congress and the President to participate in decisions to send U.S. forces into hostilities. For a treaty or other international obligation to authorize the introduction or retention of U.S. forces, Congress must specifically enact implementing legislation to that effect. The President must seek congressional approval before entering, renewing, or extending an arms sale or related transaction if the transaction exceeds specified dollar thresholds. This does not apply to transactions with NATO and its member countries, Australia, Japan, South Korea, Israel, New Zealand, or Taiwan. The bill restricts presidential authorities related to national emergencies, including by limiting the period of a declared emergency to 30 days unless Congress authorizes an extension. The bill also establishes procedures for approving or disapproving an extension, requires the President to provide more detailed reports to Congress about national emergencies, and sets out specific provisions for terminating an emergency.

1. Sunset of existing authorizations for the use of military force. Repeal of the War Powers Resolution. Requirement for authorization. Interpretation of statutory authority requirement. Congressional authorization of arms sales. Emergency procedures under Arms Export Control Act. Termination of national emergencies. Sec. (3) Hostilities report.--The term ``hostilities report'' means a written report that sets forth the following information: (A) The circumstances necessitating the introduction of United States forces into hostilities or a situation where there is a serious risk thereof, or retaining them in a location where hostilities or the serious risk thereof has developed. (D) Any international law implications related to such action if applicable. Temporary duty and rotational forces shall be included in the number of United States forces for the purposes of this title. 3; 50 U.S.C. 1541 et seq.) 107. An amendment to the resolution is not in order. (4) Appeals from decisions of chair.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. 203. ), of any item described in subsection (c) to any foreign country or international organization for a period of one year or longer. (5) Services or training to security services of $14,000,000 or more. This title and the amendments made by this title shall apply with respect to any letter of offer or license for export issued, or any lease or loan made, after the date of the enactment of this Act. 1621) is amended to read as follows: ``SEC. 201. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. ``(E) Consideration in house of representatives.-- In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. It shall not be in order to reconsider the vote on passage. ``(e) Provision of Information to Congress.--The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''.

1. Repeal of the War Powers Resolution. Requirement for authorization. Interpretation of statutory authority requirement. Congressional authorization of arms sales. Emergency procedures under Arms Export Control Act. Termination of national emergencies. Sec. (3) Hostilities report.--The term ``hostilities report'' means a written report that sets forth the following information: (A) The circumstances necessitating the introduction of United States forces into hostilities or a situation where there is a serious risk thereof, or retaining them in a location where hostilities or the serious risk thereof has developed. (D) Any international law implications related to such action if applicable. Temporary duty and rotational forces shall be included in the number of United States forces for the purposes of this title. 3; 50 U.S.C. 1541 et seq.) An amendment to the resolution is not in order. 203. ), of any item described in subsection (c) to any foreign country or international organization for a period of one year or longer. (5) Services or training to security services of $14,000,000 or more. This title and the amendments made by this title shall apply with respect to any letter of offer or license for export issued, or any lease or loan made, after the date of the enactment of this Act. 201. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. ``(E) Consideration in house of representatives.-- In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. ``(e) Provision of Information to Congress.--The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''.

SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Sunset of existing authorizations for the use of military force. Repeal of the War Powers Resolution. Requirement for authorization. Interpretation of statutory authority requirement. Separability clause. Congressional authorization of arms sales. Emergency procedures under Arms Export Control Act. Termination of national emergencies. Conforming amendments. Sec. Applicability. (3) Hostilities report.--The term ``hostilities report'' means a written report that sets forth the following information: (A) The circumstances necessitating the introduction of United States forces into hostilities or a situation where there is a serious risk thereof, or retaining them in a location where hostilities or the serious risk thereof has developed. (B) The estimated cost of such operations. (D) Any international law implications related to such action if applicable. (G) A description of their mission and the mission objectives that would indicate the mission is complete. (I) The name of the specific country (or countries) or organized armed group (or groups) against which the use of force is authorized. Temporary duty and rotational forces shall be included in the number of United States forces for the purposes of this title. 102. 3; 50 U.S.C. 1541 et seq.) is hereby repealed. 105. 106. 107. An amendment to the resolution is not in order. (4) Appeals from decisions of chair.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. 203. (a) Certification Required.-- (1) In general.--Notwithstanding any other provision of law, in the case of a covered letter of offer, a covered application for a license, or a covered agreement, before such a letter of offer or license is issued or before such an agreement is entered into or renewed, the President shall submit to Congress a certification described in paragraph (3). ), of any item described in subsection (c) to any foreign country or international organization for a period of one year or longer. 2796a(a)), unless section 62(b) of such Act (22 U.S.C. (5) Services or training to security services of $14,000,000 or more. 206. 207. This title and the amendments made by this title shall apply with respect to any letter of offer or license for export issued, or any lease or loan made, after the date of the enactment of this Act. 301. 1621) is amended to read as follows: ``SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. ``(E) Consideration in house of representatives.-- In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. It shall not be in order to reconsider the vote on passage. ``(3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency. ``(e) Provision of Information to Congress.--The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. ``(h) Public Disclosure.--Each report required by this section shall be transmitted in unclassified form and be made public at the same time the report is transmitted to Congress, although a classified annex may be provided to Congress, if necessary.''. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''.

SHORT TITLE; TABLE OF CONTENTS. 1. Definitions. Policy. Sunset of existing authorizations for the use of military force. Repeal of the War Powers Resolution. Notification. Requirement for authorization. Interpretation of statutory authority requirement. Separability clause. Congressional authorization of arms sales. Emergency procedures under Arms Export Control Act. TITLE III--NATIONAL EMERGENCIES ACT REFORM Sec. Termination of national emergencies. Conforming amendments. Sec. Applicability. 101. (3) Hostilities report.--The term ``hostilities report'' means a written report that sets forth the following information: (A) The circumstances necessitating the introduction of United States forces into hostilities or a situation where there is a serious risk thereof, or retaining them in a location where hostilities or the serious risk thereof has developed. (B) The estimated cost of such operations. (D) Any international law implications related to such action if applicable. (G) A description of their mission and the mission objectives that would indicate the mission is complete. (I) The name of the specific country (or countries) or organized armed group (or groups) against which the use of force is authorized. Temporary duty and rotational forces shall be included in the number of United States forces for the purposes of this title. 102. 103. 3; 50 U.S.C. 104. 1541 et seq.) is hereby repealed. 105. 106. 107. An amendment to the resolution is not in order. (4) Appeals from decisions of chair.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. 108. 109. 110. 203. (a) Certification Required.-- (1) In general.--Notwithstanding any other provision of law, in the case of a covered letter of offer, a covered application for a license, or a covered agreement, before such a letter of offer or license is issued or before such an agreement is entered into or renewed, the President shall submit to Congress a certification described in paragraph (3). ), of any item described in subsection (c) to any foreign country or international organization for a period of one year or longer. 2796a(a)), unless section 62(b) of such Act (22 U.S.C. 2796a(b)) applies, without regard to the dollar amount of such lease or loan, except as specified in subsection (c). (5) Services or training to security services of $14,000,000 or more. 204. 205. Section 36 of the Arms Export Control Act is amended by adding at the end the following: ``(j) Restriction on Emergency Authority Relating to Arms Sales Under This Act.--A determination of the President that an emergency exists requiring a proposed transfer of defense articles or defense services in the national security interests of the United States, thus waiving the congressional review requirements pursuant to section 3 -- ``(1) shall apply only if-- ``(A) the President submits a determination and justification for each individual approval, letter of offer, or license for the defense articles or defense services that includes a specific and detailed description of how such waiver of the congressional review requirements directly responds to or addresses the circumstances of the emergency cited in the determination; and ``(B) the delivery of the defense articles or defense services will take place not later than 60 days after the date on which such determination is made, unless otherwise authorized by Congress; and ``(2) shall not apply in the case of defense articles or defense services that include manufacturing or co-production of the articles or services outside the United States.''. 206. 207. This title and the amendments made by this title shall apply with respect to any letter of offer or license for export issued, or any lease or loan made, after the date of the enactment of this Act. 301. 1621) is amended to read as follows: ``SEC. 201. DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). 302. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. ``(E) Consideration in house of representatives.-- In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. 304. ``(3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency. ``(e) Provision of Information to Congress.--The President shall provide to Congress such other information as Congress may request in connection with any national emergency in effect under title II. ``(h) Public Disclosure.--Each report required by this section shall be transmitted in unclassified form and be made public at the same time the report is transmitted to Congress, although a classified annex may be provided to Congress, if necessary.''. 305. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''. 306.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. b) Table of Contents.--The table of contents for this Act is as follows: Sec. TITLE I--WAR POWERS REFORM Sec. Repeal of the War Powers Resolution. Conforming amendments. In this title: (1) Country.--The term ``country'', when used in a geographic sense, includes territories (whether or not disputed) and possessions, territorial waters, and airspace. ( E) The estimated scope and duration of the United States forces' participation in hostilities, including an accounting of the personnel and weapons to be deployed. ( (G) A description of their mission and the mission objectives that would indicate the mission is complete. ( H) Any foreign partner forces or multilateral organizations that may be involved in the operations. ( (5) Serious risk of hostilities.--The term ``serious risk of hostilities'' means any situation where it is more likely than not that the United States forces will become engaged in hostilities, irrespective of whether the primary purpose of the mission is training or assistance. ( D) In cases where the use of military force in a particular situation is being reauthorized, an estimate and analysis prepared by the Congressional Budget Office of costs to United States taxpayers to date of operations conducted pursuant to the prior authorization or authorizations for that situation, and of prospective costs to United States taxpayers for operations to be conducted pursuant to the proposed authorization. (7) Substantially enlarge.--The term ``substantially enlarge'' means, for any two-year period, an increase in the number of United States forces that causes the total number of forces in a foreign country to exceed the lowest number of forces in that country during that period by 25 percent or more, or any increase of 1,000 or more forces. 8) Training.--When used with respect to any foreign regular or irregular forces, the term ``training'' has the meaning given the term ``military education and training'' in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403), but does not include training that is focused entirely on observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military. ( The constitutional authority of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities or into situations where there is a serious risk of hostilities shall be exercised only pursuant to-- (1) a declaration of war; (2) specific statutory authorization; or (3) when necessary to repel a sudden attack, or the concrete, specific, and immediate threat of such a sudden attack upon the United States, its territories, or possessions, its armed forces, or other United States citizens overseas. 1498; 50 U.S.C. 1541 note). ( The President shall notify Congress, in writing, within 48 hours after United States forces enter the territory, airspace, or waters of a foreign country-- (1) while equipped for combat, except for deployments which relate solely to transportation, supply, replacement, or training of such United States forces; or (2) in numbers that substantially enlarge the number of United States forces already located in a foreign nation. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. (c) Termination of Activities Related to Hostilities.--If Congress does not enact a specific statutory authorization for United States forces to engage in hostilities in response to a request in accordance with subsection (b) within 20 days after the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall withdraw, remove, and otherwise cease the use of United States forces. d) Continuing Hostilities Reports.--If the President obtains specific statutory authorization, the President shall continue to provide hostilities reports to Congress on the United States' forces' engagement or possible engagement in hostilities whenever there is a material change in the information previously reported under this section and in no event less frequently than every 30 days from the delivery of the first hostilities report. ( (f) Transmittal.--Each report submitted pursuant to subsection (a), (b), or (d) shall be transmitted to each house of Congress on the same calendar day. a) Consideration by Congress.--Any resolution of disapproval described in subsection (b) may be considered by Congress using the expedited procedures set forth in this section. ( A resolution described in subsection (b) that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. ( e) Consideration.-- (1) In general.--On or after the third calendar day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. 2) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. (4) Appeals from decisions of chair.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate. ( B)(i) The consideration as described in subsection (e) in that House shall be the same as if no resolution had been received from the other House; but (ii) The vote on final passage shall be on the resolution of the other House. ( TERMINATION OF FUNDING. Notwithstanding any other provision of law, no funds appropriated or otherwise made available under any law may be obligated or expended for any activity by United States forces for which prior congressional authorization is required under this title but has not been obtained, or for which authorization is required under this title but has not been obtained by the deadline specified in section 106(c) or for which a resolution of disapproval in accordance with section 107(b) has been enacted into law. If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of the resolution and the application of such provision to any other person or circumstance shall not be affected thereby. TITLE II--ARMS EXPORT CONTROL SEC. It is the purpose of this title to ensure the proper role of Congress in national security decisions pertaining to sales, exports, leases, and loans of defense articles, especially with respect to armed conflict and human rights. B) A covered application for a license is any application by a person (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act (22 U.S.C. 2761, 2762)) for a license for the export of any item described in subsection (c). ( of any item described in subsection (c) to any foreign country or international organization for a period of one year or longer. ( B) In the case of a license for export (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act (22 U.S.C. 2761, 2762)), the information described in section 36(c) of such Act (22 U.S.C. 2776(c)), as amended by section 206(b) of this Act, without regard to the dollar amount of such export, except as specified in subsection (c). ( (b) Congressional Authorization Required.-- (1) Prior congressional authorization.--No letter of offer may be issued under the Arms Export Control Act (22 U.S.C. 2751 et seq.) with respect to a proposed sale of any item described in subsection (c) to any country or international organization (other than a country or international organization described in paragraph (2)), no license may be issued under such Act with respect to a proposed export of any such item to any such country or organization, and no lease may be made under chapter 6 of such Act (22 U.S.C. 2796 et seq.) c) Items Described.--The items described in this subsection are those items of types and classes as follows (including parts, components, and technical data): (1) Firearms and ammunition of $1,000,000 or more. ( 5) Services or training to security services of $14,000,000 or more. (b) Form of Joint Resolutions.-- (1) Prior congressional authorization.--The joint resolution required by section 203(b)(1) is a joint resolution the text of which consists only of one or more sections, each of which reads as follows: ``The proposed ___ to ___ described in the certification submitted pursuant to section 203(a) of the Arms Export Reform Act of 2021, which was received by Congress on ___ (Transmittal number) is authorized. '', with the appropriate activity, whether sale, export, lease, or loan, and the appropriate country or international organization, date, and the transmittal number inserted. CONFORMING AMENDMENTS. ( a) Government-to-Government Sales.-- (1) In general.--Section 36(b) of the Arms Export Control Act (22 U.S.C. 2) Conforming amendment.--Section 38(f)(5)(B)(ii) of such Act (22 U.S.C. 2778(f)(5)(B)(ii)) is amended by striking ``section 36(b)(5)(A)'' and inserting ``section 36(b)(3)(A)''. ( b) Commercially Licensed Sales.--Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``Subject to paragraph (5), in'' and inserting ``In''; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). ( (2) Conforming amendment.--Section 62(b) of such Act (22 U.S. 2976a(b)) is amended, in the first sentence, by striking ``(and in the case'' and all that follows through ``of that section)''. ``(a) Authority To Declare National Emergencies.--With respect to Acts of Congress authorizing the exercise, during the period of a national emergency, of any special or extraordinary power, the President is authorized to declare such a national emergency by proclamation. ``(b) Specification of Provisions of Law To Be Exercised.-- ``(1) In general.--No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in-- ``(A) a proclamation declaring a national emergency under subsection (a); or ``(B) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). That power or authority cannot be exercised once that 30-day period expires, unless there is enacted into law a joint resolution of approval under section 203 approving-- ``(A) the proclamation of the national emergency or the Executive order; and ``(B) the exercise of the power or authority specified by the President in such proclamation or Executive order. ``(3) Exception if congress is unable to convene.--If Congress is physically unable to convene as a result of an armed attack upon the United States or another national emergency, the 30-day periods described in paragraphs (1) and (2) shall begin on the first day Congress convenes for the first time after the attack or other emergency. ``(2) Exercise of authorities.--If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President in a proclamation under subsection (a) or an Executive order under subsection (b)(1)(B) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency. ``(f) Effect of Future Laws.--No law enacted after the date of the enactment of this Act shall supersede this title unless it does so in specific terms, referring to this title, and declaring that the new law supersedes the provisions of this title.''. Section 202 of the National Emergencies Act (50 U.S.C. 1622) is amended to read as follows: ``SEC. ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(1) the date provided for in section 201(c); ``(2) the date on which Congress, by statute, terminates the emergency; ``(3) the date on which the President issues a proclamation terminating the emergency; or ``(4) the date provided for in section 201(e). ``(2) Savings provision.--The termination of a national emergency shall not moot-- ``(A) any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under subsection (a) or (b); or ``(B) any legal action or legal proceeding based on any act committed prior to that date.''. ``(a) Joint Resolutions of Approval and of Termination.-- ``(1) Definitions.--In this section: ``(A) Joint resolution of approval.--The term `joint resolution of approval' means a joint resolution that contains only the following provisions after its resolving clause: ``(i) A provision approving-- ``(I) a proclamation of a national emergency made under section 201(a); ``(II) an Executive order issued under section 201(b)(1)(B); or ``(III) an Executive order issued under section 201(e). ``(2) Procedures for consideration of joint resolutions of approval.-- ``(A) Introduction.--After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. ``(C) Committee referral.--A joint resolution of approval or a joint resolution of termination shall be referred in each House of Congress to the committee or committees having jurisdiction over the emergency authorities invoked pursuant to the national emergency that is the subject of the joint resolution. ``(D) Consideration in senate.--In the Senate, the following rules shall apply: ``(i) Reporting and discharge.--If the committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it at the end of 10 calendar days after its introduction, that committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. The motion to proceed is subject to 4 hours of debate divided equally between those favoring and those opposing the joint resolution of approval or the joint resolution of termination. ``(iii) Floor consideration.--A joint resolution of approval or a joint resolution of termination shall be subject to 10 hours of debate, to be divided evenly between the proponents and opponents of the resolution. ``(II) Amendments to strike or add specified provisions of law.--Subclause (I) shall not apply with respect to any amendment to a joint resolution of approval to strike from or add to the list required by paragraph (1)(A)(ii) a provision or provisions of law specified by the President under section 201(b) in the proclamation or Executive order. On Thursdays it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 3 calendar days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. ``(G) Rule of construction.--The enactment of a joint resolution of approval or of a joint resolution of termination under this subsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. REPORTING REQUIREMENTS. ``(2) The estimated duration of the national emergency. ``(3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency. ``(g) Final Report on Activities During National Emergency.--Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing-- ``(1) the actions that the President or other officers took to address the emergency; and ``(2) the powers and authorities the President and such officers relied on to take such actions. b) International Emergency Economic Powers Act.--Section 207 of the International Emergency Economic Powers Act (50 U.S.C. 1706) is amended-- (1) in subsection (b), by striking ``if the national emergency'' and all that follows through ``under this section.'' (a) In General.--Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date of the enactment of this Act. ( b) Application to National Emergencies Previously Declared.--A national emergency declared under section 201 of the National Emergencies Act before the date of the enactment of this Act shall be unaffected by the amendments made by this Act, except that such an emergency shall terminate on the date that is not later than one year after such date of enactment unless the emergency is renewed under subsection (e) of such section 201, as amended by section 301 of this Act.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. a) Short Title.--This Act may be cited as the ``National Security Powers Act of 2021''. ( TITLE I--WAR POWERS REFORM Sec. Repeal of the War Powers Resolution. Conforming amendments. 2) Hostilities.--The term ``hostilities'' means any situation involving any use of lethal or potentially lethal force by or against United States forces (or, for purposes of paragraph 4(B), by or against foreign regular or irregular forces), irrespective of the domain, whether such force is deployed remotely, or the intermittency thereof. (3) Hostilities report.--The term ``hostilities report'' means a written report that sets forth the following information: (A) The circumstances necessitating the introduction of United States forces into hostilities or a situation where there is a serious risk thereof, or retaining them in a location where hostilities or the serious risk thereof has developed. ( E) The estimated scope and duration of the United States forces' participation in hostilities, including an accounting of the personnel and weapons to be deployed. ( H) Any foreign partner forces or multilateral organizations that may be involved in the operations. ( (5) Serious risk of hostilities.--The term ``serious risk of hostilities'' means any situation where it is more likely than not that the United States forces will become engaged in hostilities, irrespective of whether the primary purpose of the mission is training or assistance. ( D) In cases where the use of military force in a particular situation is being reauthorized, an estimate and analysis prepared by the Congressional Budget Office of costs to United States taxpayers to date of operations conducted pursuant to the prior authorization or authorizations for that situation, and of prospective costs to United States taxpayers for operations to be conducted pursuant to the proposed authorization. ( 2403), but does not include training that is focused entirely on observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military. ( Effective 180 days after the date of the enactment of this Act, the following laws are hereby repealed: (1) The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note). ( The President shall notify Congress, in writing, within 48 hours after United States forces enter the territory, airspace, or waters of a foreign country-- (1) while equipped for combat, except for deployments which relate solely to transportation, supply, replacement, or training of such United States forces; or (2) in numbers that substantially enlarge the number of United States forces already located in a foreign nation. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. c) Termination of Activities Related to Hostilities.--If Congress does not enact a specific statutory authorization for United States forces to engage in hostilities in response to a request in accordance with subsection (b) within 20 days after the introduction of United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall withdraw, remove, and otherwise cease the use of United States forces. This 20-day period shall be extended for not more than an additional 10 days if the President determines, certifies, and justifies to Congress in writing that unavoidable military necessity involving the safety of the forces requires the continued use of the forces for the sole purpose of bringing about their safe removal from hostilities. (d) Continuing Hostilities Reports.--If the President obtains specific statutory authorization, the President shall continue to provide hostilities reports to Congress on the United States' forces' engagement or possible engagement in hostilities whenever there is a material change in the information previously reported under this section and in no event less frequently than every 30 days from the delivery of the first hostilities report. ( e) Form.--Any report submitted pursuant to subsection (a), (b), or (d) shall be submitted to Congress in unclassified form without any designation relating to dissemination control and may include a classified annex only to the extent required to protect the national security of the United States. ( A resolution described in subsection (b) that is introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. ( d) Discharge.--If the committee to which a resolution described in subsection (b) is referred has not reported such resolution (or an identical resolution) by the end of 10 calendar days beginning on the date of introduction, such committee shall be, at the end of such period, discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House involved. ( 2) Debate.--Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. f) Consideration by Other House.-- (1) In general.--If, before the passage by one House of a resolution of that House described in subsection (b), that House receives from the other House a resolution described in subsection (b), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. ( TERMINATION OF FUNDING. Notwithstanding any other provision of law, no funds appropriated or otherwise made available under any law may be obligated or expended for any activity by United States forces for which prior congressional authorization is required under this title but has not been obtained, or for which authorization is required under this title but has not been obtained by the deadline specified in section 106(c) or for which a resolution of disapproval in accordance with section 107(b) has been enacted into law. If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of the resolution and the application of such provision to any other person or circumstance shall not be affected thereby. 2) Covered letters of offers, applications for licenses, and agreements.--For purposes of this subsection: (A) A covered letter of offer is any letter of offer to sell under the Arms Export Control Act (22 U.S.C. 2751 et seq.) (B) A covered application for a license is any application by a person (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act (22 U.S.C. 2761, 2762)) for a license for the export of any item described in subsection (c). ( C) In the case of a lease or loan agreement, the information described in section 62(a) of the Arms Export Control Act (22 U.S.C. 2796a(a)), unless section 62(b) of such Act (22 U.S.C. 2796a(b)) applies, without regard to the dollar amount of such lease or loan, except as specified in subsection (c). ( with respect to a proposed sale of any item described in subsection (c) to any country or international organization (other than a country or international organization described in paragraph (2)), no license may be issued under such Act with respect to a proposed export of any such item to any such country or organization, and no lease may be made under chapter 6 of such Act (22 U.S.C. 2796 et seq.) c) Items Described.--The items described in this subsection are those items of types and classes as follows (including parts, components, and technical data): (1) Firearms and ammunition of $1,000,000 or more. ( (b) Form of Joint Resolutions.-- (1) Prior congressional authorization.--The joint resolution required by section 203(b)(1) is a joint resolution the text of which consists only of one or more sections, each of which reads as follows: ``The proposed ___ to ___ described in the certification submitted pursuant to section 203(a) of the Arms Export Reform Act of 2021, which was received by Congress on ___ (Transmittal number) is authorized. '', with the appropriate activity, whether sale, export, lease, or loan, and the appropriate country or international organization, date, and the transmittal number inserted. CONFORMING AMENDMENTS. ( 2) Conforming amendment.--Section 38(f)(5)(B)(ii) of such Act (22 U.S.C. 2778(f)(5)(B)(ii)) is amended by striking ``section 36(b)(5)(A)'' and inserting ``section 36(b)(3)(A)''. (b) Commercially Licensed Sales.--Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``Subject to paragraph (5), in'' and inserting ``In''; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). ( 2) Conforming amendment.--Section 62(b) of such Act (22 U.S. 2976a(b)) is amended, in the first sentence, by striking ``(and in the case'' and all that follows through ``of that section)''. DECLARATIONS AND RENEWALS OF NATIONAL EMERGENCIES. ``(c) Temporary Effective Periods.-- ``(1) In general.--A declaration of a national emergency under subsection (a) may last for 30 days from the issuance of the proclamation (not counting the day on which the proclamation was issued) and shall terminate when that 30-day period expires unless there is enacted into law a joint resolution of approval under section 203 with respect to the proclamation. ``(d) Prohibition on Subsequent Actions if Emergencies Not Approved.-- ``(1) Subsequent declarations.--If a joint resolution of approval is not enacted under section 203 with respect to a national emergency before the expiration of the 30-day period described in subsection (c), or with respect to a national emergency proposed to be renewed under subsection (e), the President may not, during the remainder of the term of office of that President, declare a subsequent national emergency under subsection (a) with respect to the same circumstances. ``(2) Exercise of authorities.--If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President in a proclamation under subsection (a) or an Executive order under subsection (b)(1)(B) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency. ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(1) the date provided for in section 201(c); ``(2) the date on which Congress, by statute, terminates the emergency; ``(3) the date on which the President issues a proclamation terminating the emergency; or ``(4) the date provided for in section 201(e). ``(2) Savings provision.--The termination of a national emergency shall not moot-- ``(A) any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under subsection (a) or (b); or ``(B) any legal action or legal proceeding based on any act committed prior to that date.''. ``(a) Joint Resolutions of Approval and of Termination.-- ``(1) Definitions.--In this section: ``(A) Joint resolution of approval.--The term `joint resolution of approval' means a joint resolution that contains only the following provisions after its resolving clause: ``(i) A provision approving-- ``(I) a proclamation of a national emergency made under section 201(a); ``(II) an Executive order issued under section 201(b)(1)(B); or ``(III) an Executive order issued under section 201(e). ``(2) Procedures for consideration of joint resolutions of approval.-- ``(A) Introduction.--After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. ``(C) Committee referral.--A joint resolution of approval or a joint resolution of termination shall be referred in each House of Congress to the committee or committees having jurisdiction over the emergency authorities invoked pursuant to the national emergency that is the subject of the joint resolution. The motion to proceed is subject to 4 hours of debate divided equally between those favoring and those opposing the joint resolution of approval or the joint resolution of termination. ``(iv) Amendments.-- ``(I) In general.--Except as provided in subclause (II), no amendments shall be in order with respect to a joint resolution of approval or a joint resolution of termination. ``(E) Consideration in house of representatives.-- In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. ``(G) Rule of construction.--The enactment of a joint resolution of approval or of a joint resolution of termination under this subsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. ``(3) A summary of the actions the President or other officers intend to take, including any reprogramming or transfer of funds, and the statutory authorities the President and such officers expect to rely on in addressing the national emergency. ``(4) In the case of a renewal of a national emergency, a summary of the actions the President or other officers have taken in the preceding one-year period, including any reprogramming or transfer of funds, to address the emergency. ``(g) Final Report on Activities During National Emergency.--Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing-- ``(1) the actions that the President or other officers took to address the emergency; and ``(2) the powers and authorities the President and such officers relied on to take such actions. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''. a) In General.--Except as provided in subsection (b), this title and the amendments made by this title shall take effect on the date of the enactment of this Act. (

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. Repeal of the War Powers Resolution. 5) Serious risk of hostilities.--The term ``serious risk of hostilities'' means any situation where it is more likely than not that the United States forces will become engaged in hostilities, irrespective of whether the primary purpose of the mission is training or assistance. ( ( Effective 180 days after the date of the enactment of this Act, the following laws are hereby repealed: (1) The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. ( e) Form.--Any report submitted pursuant to subsection (a), (b), or (d) shall be submitted to Congress in unclassified form without any designation relating to dissemination control and may include a classified annex only to the extent required to protect the national security of the United States. ( f) Consideration by Other House.-- (1) In general.--If, before the passage by one House of a resolution of that House described in subsection (b), that House receives from the other House a resolution described in subsection (b), then the following procedures shall apply: (A) The resolution of the other House shall not be referred to a committee. ( If any provision of this title or the application thereof to any person or circumstance is held invalid, the remainder of the resolution and the application of such provision to any other person or circumstance shall not be affected thereby. B) A covered application for a license is any application by a person (other than with regard to a sale under section 21 or 22 of the Arms Export Control Act (22 U.S.C. 2761, 2762)) for a license for the export of any item described in subsection (c). ( '', with the appropriate activity, whether sale, export, lease, or loan, and the appropriate country or international organization, date, and the transmittal number inserted. b) Commercially Licensed Sales.--Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``Subject to paragraph (5), in'' and inserting ``In''; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). ( ``(2) Exercise of authorities.--If a joint resolution of approval is not enacted under section 203 with respect to a power or authority specified by the President in a proclamation under subsection (a) or an Executive order under subsection (b)(1)(B) with respect to a national emergency, the President may not, during the remainder of the term of office of that President, exercise that power or authority with respect to that emergency. ``(2) Procedures for consideration of joint resolutions of approval.-- ``(A) Introduction.--After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. ``(C) Committee referral.--A joint resolution of approval or a joint resolution of termination shall be referred in each House of Congress to the committee or committees having jurisdiction over the emergency authorities invoked pursuant to the national emergency that is the subject of the joint resolution. ``(E) Consideration in house of representatives.-- In the House of Representatives, if any committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it to the House at the end of 10 calendar days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. ``(g) Final Report on Activities During National Emergency.--Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing-- ``(1) the actions that the President or other officers took to address the emergency; and ``(2) the powers and authorities the President and such officers relied on to take such actions. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. 8) Training.--When used with respect to any foreign regular or irregular forces, the term ``training'' has the meaning given the term ``military education and training'' in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403), but does not include training that is focused entirely on observance of and respect for the law of armed conflict, human rights and fundamental freedoms, the rule of law, and civilian control of the military. ( ( The President shall notify Congress, in writing, within 48 hours after United States forces enter the territory, airspace, or waters of a foreign country-- (1) while equipped for combat, except for deployments which relate solely to transportation, supply, replacement, or training of such United States forces; or (2) in numbers that substantially enlarge the number of United States forces already located in a foreign nation. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. ( ( ( e) Consideration.-- (1) In general.--On or after the third calendar day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. B)(i) The consideration as described in subsection (e) in that House shall be the same as if no resolution had been received from the other House; but (ii) The vote on final passage shall be on the resolution of the other House. ( ( ( (b) Congressional Authorization Required.-- (1) Prior congressional authorization.--No letter of offer may be issued under the Arms Export Control Act (22 U.S.C. 2751 et seq.) ``(b) Specification of Provisions of Law To Be Exercised.-- ``(1) In general.--No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in-- ``(A) a proclamation declaring a national emergency under subsection (a); or ``(B) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(1) the date provided for in section 201(c); ``(2) the date on which Congress, by statute, terminates the emergency; ``(3) the date on which the President issues a proclamation terminating the emergency; or ``(4) the date provided for in section 201(e). ``(2) Savings provision.--The termination of a national emergency shall not moot-- ``(A) any legal action taken or pending legal proceeding not finally concluded or determined on the date of the termination under subsection (a) or (b); or ``(B) any legal action or legal proceeding based on any act committed prior to that date.''. ``(D) Consideration in senate.--In the Senate, the following rules shall apply: ``(i) Reporting and discharge.--If the committee to which a joint resolution of approval or a joint resolution of termination has been referred has not reported it at the end of 10 calendar days after its introduction, that committee shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. ``(G) Rule of construction.--The enactment of a joint resolution of approval or of a joint resolution of termination under this subsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. ( b) Application to National Emergencies Previously Declared.--A national emergency declared under section 201 of the National Emergencies Act before the date of the enactment of this Act shall be unaffected by the amendments made by this Act, except that such an emergency shall terminate on the date that is not later than one year after such date of enactment unless the emergency is renewed under subsection (e) of such section 201, as amended by section 301 of this Act.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. ( b) Commercially Licensed Sales.--Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``Subject to paragraph (5), in'' and inserting ``In''; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). ( ``(2) Procedures for consideration of joint resolutions of approval.-- ``(A) Introduction.--After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. ``(g) Final Report on Activities During National Emergency.--Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing-- ``(1) the actions that the President or other officers took to address the emergency; and ``(2) the powers and authorities the President and such officers relied on to take such actions. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. ( ( ( e) Consideration.-- (1) In general.--On or after the third calendar day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. ``(b) Specification of Provisions of Law To Be Exercised.-- ``(1) In general.--No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in-- ``(A) a proclamation declaring a national emergency under subsection (a); or ``(B) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(1) the date provided for in section 201(c); ``(2) the date on which Congress, by statute, terminates the emergency; ``(3) the date on which the President issues a proclamation terminating the emergency; or ``(4) the date provided for in section 201(e). If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. ``(G) Rule of construction.--The enactment of a joint resolution of approval or of a joint resolution of termination under this subsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. (

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. ( b) Commercially Licensed Sales.--Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``Subject to paragraph (5), in'' and inserting ``In''; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). ( ``(2) Procedures for consideration of joint resolutions of approval.-- ``(A) Introduction.--After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. ``(g) Final Report on Activities During National Emergency.--Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing-- ``(1) the actions that the President or other officers took to address the emergency; and ``(2) the powers and authorities the President and such officers relied on to take such actions. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. ( ( ( e) Consideration.-- (1) In general.--On or after the third calendar day after the date on which the committee to which such a resolution is referred has reported, or has been discharged (under subsection (d)) from further consideration of, such a resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. ``(b) Specification of Provisions of Law To Be Exercised.-- ``(1) In general.--No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in-- ``(A) a proclamation declaring a national emergency under subsection (a); or ``(B) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(1) the date provided for in section 201(c); ``(2) the date on which Congress, by statute, terminates the emergency; ``(3) the date on which the President issues a proclamation terminating the emergency; or ``(4) the date provided for in section 201(e). If a vote on final passage of the joint resolution has not been taken on or before the close of the tenth calendar day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution, such vote shall be taken on that day. ``(G) Rule of construction.--The enactment of a joint resolution of approval or of a joint resolution of termination under this subsection shall not be interpreted to serve as a grant or modification by Congress of statutory authority for the emergency powers of the President. (

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. a) Prior Authorization for Certain Activities Relating to Hostilities.--Except as provided in subsection (b), before introducing United States forces into hostilities or a situation where there is a serious risk of hostilities, the President shall provide a hostilities report to Congress and obtain a specific statutory authorization for such introduction. ( b) Commercially Licensed Sales.--Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended-- (1) in paragraph (1), in the first sentence, by striking ``Subject to paragraph (5), in'' and inserting ``In''; (2) by striking paragraphs (2) through (5); and (3) by redesignating paragraph (6) as paragraph (2). ( ``(2) Procedures for consideration of joint resolutions of approval.-- ``(A) Introduction.--After the President transmits to Congress a proclamation declaring a national emergency under section 201(a), or an Executive order renewing an emergency under section 201(e) or specifying emergency powers or authorities under section 201(b)(1)(B), a joint resolution of approval or a joint resolution of termination may be introduced in either House of Congress by any member of that House. ``(g) Final Report on Activities During National Emergency.--Not later than 90 days after the termination under section 202 of a national emergency declared under section 201(a), the President shall transmit to Congress a final report describing-- ``(1) the actions that the President or other officers took to address the emergency; and ``(2) the powers and authorities the President and such officers relied on to take such actions. ''; and (2) in subsection (c)(1), by striking ``paragraphs (A), (B), and (C) of section 202(a)'' and inserting ``section 202(c)(2)''.

To provide for clarification and limitations with respect to the exercise of national security powers, and for other purposes. ``(b) Specification of Provisions of Law To Be Exercised.-- ``(1) In general.--No powers or authorities made available by statute for use during the period of a national emergency shall be exercised unless and until the President specifies the provisions of law under which the President proposes that the President or other officers will act in-- ``(A) a proclamation declaring a national emergency under subsection (a); or ``(B) one or more Executive orders relating to the emergency published in the Federal Register and transmitted to Congress. ``(2) Exercise of powers and authorities.--Any power or authority made available under a provision of law described in subsection (a) and specified pursuant to subsection (b) may be exercised for 30 days from the issuance of the proclamation or Executive order (not counting the day on which such proclamation or Executive order was issued). ``(a) In General.--Any national emergency declared by the President under section 201(a) shall terminate on the earliest of-- ``(1) the date provided for in section 201(c); ``(2) the date on which Congress, by statute, terminates the emergency; ``(3) the date on which the President issues a proclamation terminating the emergency; or ``(4) the date provided for in section 201(e).

H.R.2903

Health

Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2021 or the CONNECT for Health Act of 2021 This bill expands coverage of telehealth services under Medicare. Among other provisions, the bill Additionally, the CMS must report on the effects of expanded telehealth services during the COVID-19 public health emergency, including with respect to the utilization, quality, and outcomes of services. The Center for Medicare and Medicaid Innovation may also test alternative payment models relating to expanded telehealth services.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2021'' or the ``CONNECT for Health Act of 2021''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and sense of Congress. TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE Sec. 101. Expanding the use of telehealth through the waiver of requirements. Sec. 102. Removing geographic requirements for telehealth services. Sec. 103. Expanding originating sites. Sec. 104. Use of telehealth in emergency medical care. Sec. 105. Improvements to the process for adding telehealth services. Sec. 106. Federally qualified health centers and rural health clinics. Sec. 107. Native American health facilities. Sec. 108. Waiver of telehealth requirements during public health emergencies. Sec. 109. Use of telehealth in recertification for hospice care. TITLE II--PROGRAM INTEGRITY Sec. 201. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Sec. 202. Additional resources for telehealth oversight. Sec. 203. Provider and beneficiary education on telehealth. TITLE III--DATA AND TESTING OF MODELS Sec. 301. Study on telehealth utilization during the COVID-19 pandemic. Sec. 302. Analysis of telehealth waivers in alternative payment models. Sec. 303. Model to allow additional health professionals to furnish telehealth services. Sec. 304. Testing of models to examine the use of telehealth under the Medicare program. SEC. 2. FINDINGS AND SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The use of technology in health care and coverage of telehealth services are rapidly evolving. (2) Research has found that telehealth services can expand access to care, improve the quality of care, and reduce spending, and that patients receiving telehealth services are satisfied with their experiences. (3) Health care workforce shortages are a significant problem in many areas and for many types of health care clinicians. (4) Telehealth increases access to care in areas with workforce shortages and for individuals who live far away from health care facilities, have limited mobility or transportation, or have other barriers to accessing care. (5) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. (6) Prior to the COVID-19 pandemic, the utilization of telehealth services in the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) was low, with only 0.25 percent of Medicare fee-for-service beneficiaries utilizing telehealth services in 2016. (7) The COVID-19 pandemic demonstrated additional benefits of telehealth, including reducing infection risk of patients and health care professionals and conserving space in health care facilities, and the Centers for Disease Control and Prevention recommended that telehealth services should be optimized, when available and appropriate, during the pandemic. (8) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. (b) Sense of Congress.--It is the sense of Congress that-- (1) health care providers can furnish safe, effective, and high-quality health care services through telehealth; (2) the Secretary of Health and Human Services should promptly take all necessary measures to ensure that providers and beneficiaries can continue to furnish and utilize, respectively, telehealth services in the Medicare program during and after the conclusion of the COVID-19 pandemic, including modifying, as appropriate, the definition of ``interactive telecommunications system'' in regulations and program instruction under the Medicare program to ensure that providers can utilize all appropriate means and types of technology, including audio-visual, audio-only, and other types of technologies, to furnish telehealth services; and (3) barriers to the use of telehealth should be removed. TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE SEC. 101. EXPANDING THE USE OF TELEHEALTH THROUGH THE WAIVER OF REQUIREMENTS. (a) In General.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended-- (1) in paragraph (4)(C)(i), by striking ``and (7)'' and inserting ``(7), and (9)''; and (2) by adding at the end the following: ``(9) Authority to waive requirements and limitations.-- ``(A) In general.--Notwithstanding the preceding provisions of this subsection, in the case of telehealth services furnished on or after January 1, 2022, the Secretary may waive any requirement described in subparagraph (B) that is applicable to payment for telehealth services under this subsection, but only if the Secretary determines that such waiver would not adversely impact quality of care. ``(B) Requirements described.--For purposes of this paragraph, requirements applicable to payment for telehealth services under this subsection are-- ``(i) requirements relating to qualifications for an originating site under paragraph (4)(C)(ii); ``(ii) any geographic requirement under paragraph (4)(C)(i) (other than applicable State law requirements, including State licensure requirements); ``(iii) any limitation on the type of technology used to furnish telehealth services; ``(iv) any limitation on the types of practitioners who are eligible to furnish telehealth services (other than the requirement that the practitioner is enrolled under this title); ``(v) any limitation on specific services designated as telehealth services pursuant to this subsection (provided the Secretary determines that such services are clinically appropriate to furnish remotely); or ``(vi) any other limitation relating to the furnishing of telehealth services under this title identified by the Secretary. ``(C) Waiver implementation.--In implementing a waiver under this paragraph, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to payment of a facility fee for originating sites and beneficiary and program integrity protections. ``(D) Public comment.--The Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment on waivers under this paragraph. ``(E) Periodic review of waivers.--The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the quality of care condition applicable under subparagraph (A). The Secretary shall terminate any waiver that does not continue to meet such condition.''. (b) Posting of Information.--Not later than 2 years after the date on which a waiver under section 1834(m)(9) of the Social Security Act, as added by subsection (a), first becomes effective, and at least every 2 years thereafter, the Secretary of Health and Human Services shall post on the internet website of the Centers for Medicare & Medicaid Services-- (1) the number of Medicare beneficiaries receiving telehealth services by reason of each waiver under such section; (2) the impact of such waivers on expenditures and utilization under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.); and (3) other outcomes, as determined appropriate by the Secretary. SEC. 102. REMOVING GEOGRAPHIC REQUIREMENTS FOR TELEHEALTH SERVICES. Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 101, is amended-- (1) in clause (i), in the matter preceding subclause (I), by inserting ``and clause (iii)'' after ``and (9)''; and (2) by adding at the end the following new clause: ``(iii) Removal of geographic requirements.--The geographic requirements described in clause (i) shall not apply with respect to telehealth services furnished on or after the date of the enactment of this clause.''. SEC. 103. EXPANDING ORIGINATING SITES. (a) Expanding the Home as an Originating Site.--Section 1834(m)(4)(C)(ii)(X) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)(X)) is amended to read as follows: ``(X)(aa) Prior to the date of enactment of the CONNECT for Health Act of 2021, the home of an individual but only for purposes of section 1881(b)(3)(B) or telehealth services described in paragraph (7). ``(bb) On or after such date of enactment, the home of an individual.''. (b) Allowing Additional Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(XII) Any other site determined appropriate by the Secretary at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system.''. (c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. ``(II) Clarification.--Nothing in this clause shall be construed to preclude the Secretary from establishing requirements for other originating sites described in clause (ii)''. (d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. SEC. 104. USE OF TELEHEALTH IN EMERGENCY MEDICAL CARE. (a) In General.--Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), as amended by sections 101 and 102, is amended-- (1) in paragraph (4)(C)(i), by striking ``and (9)'' and inserting ``(9), and (10)''; and (2) by adding at the end the following: ``(10) Treatment of emergency medical care furnished through telehealth.--The geographic requirements described in paragraph (4)(C)(i) (other than applicable State law requirements, including State licensure requirements) shall not apply with respect to telehealth services that are services for emergency medical care (as determined by the Secretary) furnished on or after January 1, 2022, to an eligible telehealth individual.''. (b) Additional Services.--As part of the implementation of the amendments made by this section, the Secretary of Health and Human Services shall consider whether additional services should be added to the services specified in paragraph (4)(F)(i) of section 1834(m) of such Act (42 U.S.C. 1395m)) for authorized payment under paragraph (1) of such section. SEC. 105. IMPROVEMENTS TO THE PROCESS FOR ADDING TELEHEALTH SERVICES. (a) Review.--The Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)), and based on the results of such review-- (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include. (b) Temporary Coverage of Certain Telehealth Services.--Section 1834(m)(4)(F) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Temporary coverage of certain telehealth services.--The Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1).''. SEC. 106. FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS. Section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)), as amended by sections 101, 102, and 104, is amended-- (1) in paragraph (4)(C)(i), in the matter preceding subclause (I), by inserting ``, (8)'' after ``(7)''; and (2) in paragraph (8)-- (A) in the paragraph heading by inserting ``and after'' after ``during ''; (B) in subparagraph (A)-- (i) in the matter preceding clause (i), by inserting ``and after such emergency period'' after ``1135(g)(1)(B)''; (ii) in clause (ii), by striking ``and'' at the end; (iii) by redesignating clause (iii) as clause (iv); and (iv) by inserting after clause (ii) the following new clause: ``(iii) the geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to such a telehealth service; and''; (C) by striking subparagraph (B) and inserting the following: ``(B) Payment.-- ``(i) In general.--A telehealth service furnished by a Federally qualified health center or a rural health clinic to an individual pursuant to this paragraph on or after the date of the enactment of this subparagraph shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a Federally qualified health center service or rural health clinic service (as applicable) under the prospective payment system established under section 1834(o) or under section 1833(a)(3), respectively. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. SEC. 107. NATIVE AMERICAN HEALTH FACILITIES. (a) In General.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by sections 101, 102, and 103, is amended-- (1) in clause (i), by striking ``clause (iii)'' and inserting ``clauses (iii) and (v)''; and (2) by adding at the end the following new clause: ``(v) Native american health facilities.-- With respect to telehealth services furnished on or after January 1, 2022, the originating site requirements described in clauses (i) and (ii) shall not apply with respect to a facility of the Indian Health Service, whether operated by such Service, or by an Indian tribe (as that term is defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) or a tribal organization (as that term is defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304)), or a facility of the Native Hawaiian health care systems authorized under the Native Hawaiian Health Care Improvement Act (42 U.S.C. 11701 et seq.).''. (b) No Originating Site Facility Fee for Certain Native American Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. SEC. 108. WAIVER OF TELEHEALTH REQUIREMENTS DURING PUBLIC HEALTH EMERGENCIES. Section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b- 5(g)(1)) is amended-- (1) in subparagraph (A), in the matter preceding clause (i), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (2) by adding at the end the following new subparagraph: ``(C) Exception for waiver of telehealth requirements during public health emergencies.--For purposes of subsection (b)(8), in addition to the emergency period described in subparagraph (B), an `emergency area' is a geographical area in which, and an `emergency period' is the period during which, there exists a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act.''. SEC. 109. USE OF TELEHEALTH IN RECERTIFICATION FOR HOSPICE CARE. (a) In General.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by inserting ``and after such emergency period'' after ``1135(g)(1)(B)''. (b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. TITLE II--PROGRAM INTEGRITY SEC. 201. CLARIFICATION FOR FRAUD AND ABUSE LAWS REGARDING TECHNOLOGIES PROVIDED TO BENEFICIARIES. Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a- 7a(i)(6)) is amended-- (1) in subparagraph (I), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(K) the provision of technologies (as defined by the Secretary) on or after the date of the enactment of this subparagraph, by a provider of services or supplier (as such terms are defined for purposes of title XVIII) directly to an individual who is entitled to benefits under part A of title XVIII, enrolled under part B of such title, or both, for the purpose of furnishing telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary), if-- ``(i) the technologies are not offered as part of any advertisement or solicitation; and ``(ii) the provision of the technologies meets any other requirements set forth in regulations promulgated by the Secretary.''. SEC. 202. ADDITIONAL RESOURCES FOR TELEHEALTH OVERSIGHT. In addition to amounts otherwise available, there are authorized to be appropriated to the Inspector General of the Department of Health and Human Services for each of fiscal years 2022 through 2026, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until expended, for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary). SEC. 203. PROVIDER AND BENEFICIARY EDUCATION ON TELEHEALTH. (a) Educational Resources and Training Sessions.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall develop and make available to beneficiaries and health care professionals educational resources and training sessions on requirements relating to the furnishing of telehealth services under section 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) and topics including-- (A) requirements for payment for telehealth services; (B) telehealth-specific health care privacy and security training; (C) utilizing telehealth services to engage and support underserved, high-risk, and vulnerable patient populations; and (D) other topics as determined appropriate by the Secretary. (2) Accounting for age and other differences.--Such resources and training sessions must account for age and sociodemographic, geographic, cultural, cognitive, and linguistic differences in how individuals interact with technology. (b) Quality Improvement Organizations.--The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. (c) Funding.--There are authorized to be appropriated such sums as necessary to carry out the activities described in sections (a) and (b). TITLE III--DATA AND TESTING OF MODELS SEC. 301. STUDY ON TELEHEALTH UTILIZATION DURING THE COVID-19 PANDEMIC. (a) In General.--The Secretary shall collect and analyze qualitative and quantitative data on the impact of telehealth services, virtual check-ins, remote patient monitoring services, and other services furnished through the use of technology permitted by the waiver or modification of certain requirements under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.) and, as feasible, under title XIX of such Act (42 U.S.C. 1396 et seq.), and any regulations thereunder during the COVID-19 public health emergency, which may include the collection of data regarding-- (1) health care utilization rates under such title XVIII and, as feasible, under such title XIX, including utilization-- (A) in different types of areas; (B) by race, ethnicity, or income levels; and (C) of telehealth services furnished by different types of health care professionals; (2) health care quality, such as measured by hospital readmission rates, missed appointment rates, patient and provider satisfaction, or other appropriate measures; (3) health outcomes of individuals utilizing telehealth services; (4) audio-only telehealth utilization rates when video- based telehealth was not an option, including the types of services and the types of providers treating individuals using audio-only telehealth; (5) waivers of State licensure requirements; (6) the types of technologies utilized to deliver or receive telehealth care and utilization rates, disaggregated by type of technology (as applicable); (7) challenges for providers in furnishing telehealth services; (8) the investments necessary for providers to effectively provide telehealth services to their patients, including the costs of necessary technology and of training staff; and (9) any additional information determined appropriate by the Secretary. (b) Interim Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives an interim report on the impact of telehealth based on the data collected and analyzed under subsection (a). For the purposes of the interim report, the Secretary may determine which data collected and analyzed under such subsection is most appropriate to complete such report. (c) Final Report to Congress.--Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a final report on the impact of telehealth based on the data collected and analyzed under subsection (a) that includes-- (1) conclusions regarding the impact of telehealth services on health care delivery during the COVID-19 public health emergency; and (2) an estimation of total spending on telehealth services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and, as feasible, under title XIX of such Act (42 U.S.C. 1396 et seq.). (d) Stakeholder Input.--For purposes of subsections (a), (b), and (c), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. (e) Funding.--There are authorized to be appropriated such sums as necessary to carry out this section. SEC. 302. ANALYSIS OF TELEHEALTH WAIVERS IN ALTERNATIVE PAYMENT MODELS. The second sentence of section 1115A(g) of the Social Security Act (42 U.S.C. 1315a(g)) is amended by inserting ``an analysis of waivers (if applicable) under subsection (d)(1) related to telehealth and the impact on quality and spending under the applicable titles of such waivers,'' after ``subsection (c),''. SEC. 303. MODEL TO ALLOW ADDITIONAL HEALTH PROFESSIONALS TO FURNISH TELEHEALTH SERVICES. Section 1115A(b)(2)(B) of the Social Security Act (42 U.S.C. 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. SEC. 304. TESTING OF MODELS TO EXAMINE THE USE OF TELEHEALTH UNDER THE MEDICARE PROGRAM. Section 1115A(b)(2) of the Social Security Act (42 U.S.C. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII.''. <all>

Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2021

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes.

CONNECT for Health Act of 2021 Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2021

Rep. Thompson, Mike

D

CA

This bill expands coverage of telehealth services under Medicare. Among other provisions, the bill Additionally, the CMS must report on the effects of expanded telehealth services during the COVID-19 public health emergency, including with respect to the utilization, quality, and outcomes of services. The Center for Medicare and Medicaid Innovation may also test alternative payment models relating to expanded telehealth services.

SHORT TITLE; TABLE OF CONTENTS. 1. Findings and sense of Congress. Removing geographic requirements for telehealth services. Use of telehealth in emergency medical care. Improvements to the process for adding telehealth services. Federally qualified health centers and rural health clinics. Native American health facilities. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Additional resources for telehealth oversight. Provider and beneficiary education on telehealth. TITLE III--DATA AND TESTING OF MODELS Sec. Study on telehealth utilization during the COVID-19 pandemic. Model to allow additional health professionals to furnish telehealth services. Sec. 2. (8) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. 101. ``(D) Public comment.--The Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment on waivers under this paragraph. The Secretary shall terminate any waiver that does not continue to meet such condition.''. ); and (3) other outcomes, as determined appropriate by the Secretary. 102. Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 103. ``(bb) On or after such date of enactment, the home of an individual.''. 104. 1395m)) for authorized payment under paragraph (1) of such section. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. 1320a- 7a(i)(6)) is amended-- (1) in subparagraph (I), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(K) the provision of technologies (as defined by the Secretary) on or after the date of the enactment of this subparagraph, by a provider of services or supplier (as such terms are defined for purposes of title XVIII) directly to an individual who is entitled to benefits under part A of title XVIII, enrolled under part B of such title, or both, for the purpose of furnishing telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary), if-- ``(i) the technologies are not offered as part of any advertisement or solicitation; and ``(ii) the provision of the technologies meets any other requirements set forth in regulations promulgated by the Secretary.''. For the purposes of the interim report, the Secretary may determine which data collected and analyzed under such subsection is most appropriate to complete such report. 1395 et seq.) 1315a(g)) is amended by inserting ``an analysis of waivers (if applicable) under subsection (d)(1) related to telehealth and the impact on quality and spending under the applicable titles of such waivers,'' after ``subsection (c),''.

1. Findings and sense of Congress. Removing geographic requirements for telehealth services. Use of telehealth in emergency medical care. Improvements to the process for adding telehealth services. Federally qualified health centers and rural health clinics. Native American health facilities. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Additional resources for telehealth oversight. Provider and beneficiary education on telehealth. TITLE III--DATA AND TESTING OF MODELS Sec. Study on telehealth utilization during the COVID-19 pandemic. Sec. 2. (8) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. 101. The Secretary shall terminate any waiver that does not continue to meet such condition.''. ); and (3) other outcomes, as determined appropriate by the Secretary. 102. Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. ``(bb) On or after such date of enactment, the home of an individual.''. 1395m)) for authorized payment under paragraph (1) of such section. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. For the purposes of the interim report, the Secretary may determine which data collected and analyzed under such subsection is most appropriate to complete such report. 1395 et seq.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1. Findings and sense of Congress. Removing geographic requirements for telehealth services. Expanding originating sites. Use of telehealth in emergency medical care. Improvements to the process for adding telehealth services. Federally qualified health centers and rural health clinics. Native American health facilities. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Additional resources for telehealth oversight. Provider and beneficiary education on telehealth. TITLE III--DATA AND TESTING OF MODELS Sec. Study on telehealth utilization during the COVID-19 pandemic. Model to allow additional health professionals to furnish telehealth services. Sec. 2. (3) Health care workforce shortages are a significant problem in many areas and for many types of health care clinicians. (5) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. (8) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. 101. ``(D) Public comment.--The Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment on waivers under this paragraph. The Secretary shall terminate any waiver that does not continue to meet such condition.''. ); and (3) other outcomes, as determined appropriate by the Secretary. 102. Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 103. ``(bb) On or after such date of enactment, the home of an individual.''. 104. 1395m)) for authorized payment under paragraph (1) of such section. 105. 106. 107. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. 108. 109. (a) In General.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 201. 1320a- 7a(i)(6)) is amended-- (1) in subparagraph (I), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(K) the provision of technologies (as defined by the Secretary) on or after the date of the enactment of this subparagraph, by a provider of services or supplier (as such terms are defined for purposes of title XVIII) directly to an individual who is entitled to benefits under part A of title XVIII, enrolled under part B of such title, or both, for the purpose of furnishing telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary), if-- ``(i) the technologies are not offered as part of any advertisement or solicitation; and ``(ii) the provision of the technologies meets any other requirements set forth in regulations promulgated by the Secretary.''. 202. 203. (2) Accounting for age and other differences.--Such resources and training sessions must account for age and sociodemographic, geographic, cultural, cognitive, and linguistic differences in how individuals interact with technology. 301. (b) Interim Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives an interim report on the impact of telehealth based on the data collected and analyzed under subsection (a). For the purposes of the interim report, the Secretary may determine which data collected and analyzed under such subsection is most appropriate to complete such report. 1395 et seq.) (e) Funding.--There are authorized to be appropriated such sums as necessary to carry out this section. 302. 1315a(g)) is amended by inserting ``an analysis of waivers (if applicable) under subsection (d)(1) related to telehealth and the impact on quality and spending under the applicable titles of such waivers,'' after ``subsection (c),''. 303. 304.

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 ``Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2021'' or the ``CONNECT for Health Act of 2021''. 1. Findings and sense of Congress. Removing geographic requirements for telehealth services. Expanding originating sites. Use of telehealth in emergency medical care. Improvements to the process for adding telehealth services. Federally qualified health centers and rural health clinics. Native American health facilities. Use of telehealth in recertification for hospice care. TITLE II--PROGRAM INTEGRITY Sec. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Additional resources for telehealth oversight. Provider and beneficiary education on telehealth. TITLE III--DATA AND TESTING OF MODELS Sec. Study on telehealth utilization during the COVID-19 pandemic. Model to allow additional health professionals to furnish telehealth services. Sec. 2. (3) Health care workforce shortages are a significant problem in many areas and for many types of health care clinicians. (5) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. was low, with only 0.25 percent of Medicare fee-for-service beneficiaries utilizing telehealth services in 2016. (8) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. 101. ``(D) Public comment.--The Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment on waivers under this paragraph. The Secretary shall terminate any waiver that does not continue to meet such condition.''. ); and (3) other outcomes, as determined appropriate by the Secretary. 102. Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 103. ``(bb) On or after such date of enactment, the home of an individual.''. 104. 1395m)) for authorized payment under paragraph (1) of such section. 105. (a) Review.--The Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Temporary coverage of certain telehealth services.--The Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1).''. 106. 107. 1603)) or a tribal organization (as that term is defined in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. 108. 109. (a) In General.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 201. 1320a- 7a(i)(6)) is amended-- (1) in subparagraph (I), by striking ``; or'' and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(K) the provision of technologies (as defined by the Secretary) on or after the date of the enactment of this subparagraph, by a provider of services or supplier (as such terms are defined for purposes of title XVIII) directly to an individual who is entitled to benefits under part A of title XVIII, enrolled under part B of such title, or both, for the purpose of furnishing telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary), if-- ``(i) the technologies are not offered as part of any advertisement or solicitation; and ``(ii) the provision of the technologies meets any other requirements set forth in regulations promulgated by the Secretary.''. 202. In addition to amounts otherwise available, there are authorized to be appropriated to the Inspector General of the Department of Health and Human Services for each of fiscal years 2022 through 2026, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until expended, for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary). 203. (2) Accounting for age and other differences.--Such resources and training sessions must account for age and sociodemographic, geographic, cultural, cognitive, and linguistic differences in how individuals interact with technology. 301. (b) Interim Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives an interim report on the impact of telehealth based on the data collected and analyzed under subsection (a). For the purposes of the interim report, the Secretary may determine which data collected and analyzed under such subsection is most appropriate to complete such report. 1395 et seq.) and, as feasible, under title XIX of such Act (42 U.S.C. (e) Funding.--There are authorized to be appropriated such sums as necessary to carry out this section. 302. 1315a(g)) is amended by inserting ``an analysis of waivers (if applicable) under subsection (d)(1) related to telehealth and the impact on quality and spending under the applicable titles of such waivers,'' after ``subsection (c),''. 303. 304.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. SHORT TITLE; TABLE OF CONTENTS. ( b) Table of Contents.--The table of contents of this Act is as follows: Sec. TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE Sec. Removing geographic requirements for telehealth services. Analysis of telehealth waivers in alternative payment models. a) Findings.--Congress finds the following: (1) The use of technology in health care and coverage of telehealth services are rapidly evolving. ( 5) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. ( (7) The COVID-19 pandemic demonstrated additional benefits of telehealth, including reducing infection risk of patients and health care professionals and conserving space in health care facilities, and the Centers for Disease Control and Prevention recommended that telehealth services should be optimized, when available and appropriate, during the pandemic. ( 8) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. ( ``(C) Waiver implementation.--In implementing a waiver under this paragraph, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to payment of a facility fee for originating sites and beneficiary and program integrity protections. ``(E) Periodic review of waivers.--The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the quality of care condition applicable under subparagraph (A). Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 101, is amended-- (1) in clause (i), in the matter preceding subclause (I), by inserting ``and clause (iii)'' after ``and (9)''; and (2) by adding at the end the following new clause: ``(iii) Removal of geographic requirements.--The geographic requirements described in clause (i) shall not apply with respect to telehealth services furnished on or after the date of the enactment of this clause.''. b) Allowing Additional Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(XII) Any other site determined appropriate by the Secretary at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system.''. (c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. b) Additional Services.--As part of the implementation of the amendments made by this section, the Secretary of Health and Human Services shall consider whether additional services should be added to the services specified in paragraph (4)(F)(i) of section 1834(m) of such Act (42 U.S.C. 1395m)) for authorized payment under paragraph (1) of such section. IMPROVEMENTS TO THE PROCESS FOR ADDING TELEHEALTH SERVICES. ( (b) Temporary Coverage of Certain Telehealth Services.--Section 1834(m)(4)(F) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Temporary coverage of certain telehealth services.--The Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1).''. FEDERALLY QUALIFIED HEALTH CENTERS AND RURAL HEALTH CLINICS. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. NATIVE AMERICAN HEALTH FACILITIES. ( b) No Originating Site Facility Fee for Certain Native American Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. USE OF TELEHEALTH IN RECERTIFICATION FOR HOSPICE CARE. ( 1395f(a)(7)(D)(i)(II)) is amended by inserting ``and after such emergency period'' after ``1135(g)(1)(B)''. ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. ADDITIONAL RESOURCES FOR TELEHEALTH OVERSIGHT. In addition to amounts otherwise available, there are authorized to be appropriated to the Inspector General of the Department of Health and Human Services for each of fiscal years 2022 through 2026, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until expended, for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary). PROVIDER AND BENEFICIARY EDUCATION ON TELEHEALTH. ( (b) Quality Improvement Organizations.--The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. ( a) In General.--The Secretary shall collect and analyze qualitative and quantitative data on the impact of telehealth services, virtual check-ins, remote patient monitoring services, and other services furnished through the use of technology permitted by the waiver or modification of certain requirements under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.) (b) Interim Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives an interim report on the impact of telehealth based on the data collected and analyzed under subsection (a). For the purposes of the interim report, the Secretary may determine which data collected and analyzed under such subsection is most appropriate to complete such report. ( (d) Stakeholder Input.--For purposes of subsections (a), (b), and (c), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. ( Section 1115A(b)(2)(B) of the Social Security Act (42 U.S.C. 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII.''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. b) Table of Contents.--The table of contents of this Act is as follows: Sec. TITLE I--REMOVING BARRIERS TO TELEHEALTH COVERAGE Sec. Federally qualified health centers and rural health clinics. Testing of models to examine the use of telehealth under the Medicare program. a) Findings.--Congress finds the following: (1) The use of technology in health care and coverage of telehealth services are rapidly evolving. ( (4) Telehealth increases access to care in areas with workforce shortages and for individuals who live far away from health care facilities, have limited mobility or transportation, or have other barriers to accessing care. ( 5) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. ( ``(C) Waiver implementation.--In implementing a waiver under this paragraph, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to payment of a facility fee for originating sites and beneficiary and program integrity protections. ``(E) Periodic review of waivers.--The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the quality of care condition applicable under subparagraph (A). and (3) other outcomes, as determined appropriate by the Secretary. b) Allowing Additional Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(XII) Any other site determined appropriate by the Secretary at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system.''. (c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. (a) Review.--The Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)), and based on the results of such review-- (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include. ( Section 1834(m) of the Social Security Act (42 U.S.C. ``(ii) Treatment of costs for fqhc pps calculations and rhc air calculations.--Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable.''. NATIVE AMERICAN HEALTH FACILITIES. ( b) No Originating Site Facility Fee for Certain Native American Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. WAIVER OF TELEHEALTH REQUIREMENTS DURING PUBLIC HEALTH EMERGENCIES. (a) In General.--Section 1814(a)(7)(D)(i)(II) of the Social Security Act (42 U.S.C. 1395f(a)(7)(D)(i)(II)) is amended by inserting ``and after such emergency period'' after ``1135(g)(1)(B)''. ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. In addition to amounts otherwise available, there are authorized to be appropriated to the Inspector General of the Department of Health and Human Services for each of fiscal years 2022 through 2026, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until expended, for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary). b) Quality Improvement Organizations.--The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. ( and, as feasible, under title XIX of such Act (42 U.S.C. 1396 et seq. ), b) Interim Report to Congress.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives an interim report on the impact of telehealth based on the data collected and analyzed under subsection (a). and, as feasible, under title XIX of such Act (42 U.S.C. 1396 et seq.). ( Section 1115A(b)(2)(B) of the Social Security Act (42 U.S.C. 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII.''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. Testing of models to examine the use of telehealth under the Medicare program. c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. ( a) Review.--The Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)), and based on the results of such review-- (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include. ( ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. b) Quality Improvement Organizations.--The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. ( 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII. ''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. Removing geographic requirements for telehealth services. ``(C) Waiver implementation.--In implementing a waiver under this paragraph, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to payment of a facility fee for originating sites and beneficiary and program integrity protections. ``(E) Periodic review of waivers.--The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the quality of care condition applicable under subparagraph (A). b) Allowing Additional Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(XII) Any other site determined appropriate by the Secretary at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system.''. ( 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. 1395m(m)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Temporary coverage of certain telehealth services.--The Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1).''. b) No Originating Site Facility Fee for Certain Native American Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. ( 1395f(a)(7)(D)(i)(II)) is amended by inserting ``and after such emergency period'' after ``1135(g)(1)(B)''. ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. ( a) In General.--The Secretary shall collect and analyze qualitative and quantitative data on the impact of telehealth services, virtual check-ins, remote patient monitoring services, and other services furnished through the use of technology permitted by the waiver or modification of certain requirements under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.) ( d) Stakeholder Input.--For purposes of subsections (a), (b), and (c), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. ( 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII. ''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. Testing of models to examine the use of telehealth under the Medicare program. c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. ( a) Review.--The Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)), and based on the results of such review-- (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include. ( ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. b) Quality Improvement Organizations.--The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. ( 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII. ''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. Removing geographic requirements for telehealth services. ``(C) Waiver implementation.--In implementing a waiver under this paragraph, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to payment of a facility fee for originating sites and beneficiary and program integrity protections. ``(E) Periodic review of waivers.--The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the quality of care condition applicable under subparagraph (A). b) Allowing Additional Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(XII) Any other site determined appropriate by the Secretary at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system.''. ( 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. 1395m(m)(4)(F)) is amended by adding at the end the following new clause: ``(iii) Temporary coverage of certain telehealth services.--The Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1).''. b) No Originating Site Facility Fee for Certain Native American Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. ( 1395f(a)(7)(D)(i)(II)) is amended by inserting ``and after such emergency period'' after ``1135(g)(1)(B)''. ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. ( a) In General.--The Secretary shall collect and analyze qualitative and quantitative data on the impact of telehealth services, virtual check-ins, remote patient monitoring services, and other services furnished through the use of technology permitted by the waiver or modification of certain requirements under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.) ( d) Stakeholder Input.--For purposes of subsections (a), (b), and (c), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. ( 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII. ''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. Testing of models to examine the use of telehealth under the Medicare program. c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. d) No Originating Site Facility Fee for New Sites.--Section 1834(m)(2)(B)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. ( a) Review.--The Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(F)(ii)), and based on the results of such review-- (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include. ( ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. b) Quality Improvement Organizations.--The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. ( 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''. 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII. ''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. b) Allowing Additional Originating Sites.--Section 1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)(ii)) is amended by adding at the end the following new subclause: ``(XII) Any other site determined appropriate by the Secretary at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system.''. ( 1395m(m)(2)(B)(ii)) is amended-- (1) in the heading, by striking ``if originating site is the home'' and inserting ``for certain sites''; and (2) by striking ``paragraph (4)(C)(ii)(X)'' and inserting ``subclause (X) or (XII) of paragraph (4)(C)''. b) No Originating Site Facility Fee for Certain Native American Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. ( ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. ( d) Stakeholder Input.--For purposes of subsections (a), (b), and (c), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. ( 1315a(b)(2)) is amended by adding at the end the following new subparagraph: ``(D) Testing models to examine use of telehealth under medicare.--The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII. ''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. c) Parameters for New Originating Sites.--Section 1834(m)(4)(C) of the Social Security Act (42 U.S.C. 1395m(m)(4)(C)), as amended by section 102, is amended by adding at the end the following new clause: ``(iv) Requirements for new sites.-- ``(I) In general.--The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. b) Quality Improvement Organizations.--The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. ( 1315a(b)(2)(B)) is amended by adding at the end the following new clause: ``(xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services.''.

To amend title XVIII of the Social Security Act to expand access to telehealth services, and for other purposes. b) No Originating Site Facility Fee for Certain Native American Facilities.--Section 1834(m)(2)(B)(i) of the Social Security Act (42 U.S.C. 1395m(m)(2)(B)(i)) is amended, in the matter preceding subclause (I), by inserting ``(other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph)'' after ``the originating site''. ( ( b) GAO Report.--Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on-- (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. ( d) Stakeholder Input.--For purposes of subsections (a), (b), and (c), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. (

S.1263

Education

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

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

Debt-Free College Act of 2021

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

Debt-Free College Act of 2021

Sen. Schatz, Brian

D

HI

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

This Act may be cited as the ``Debt-Free College Act of 2021''. PURPOSE. ``(8) Partnership office.--The term `Partnership Office' means the Office created under section 499A-4(a). ``(10) Relevant committees of congress.--The term `relevant committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives. ``(b) Application.--A State that desires to participate in the State-Federal partnership under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. STATE-FEDERAL PARTNERSHIP RESPONSIBILITIES. 499A-5. USES OF FUNDS. ``(C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. ``(C) Hiring of faculty. ``(D) Student support services. ``(4) Providing information to prospective students and families. ``(7) Other activities as approved by the Secretary to improve the State's public higher education system, particularly for low-income and underserved students. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(2) Remaining ineligible.--A State that is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, shall remain ineligible for participation until the State has demonstrated that the State meets the partnership's requirements. STATE WITHDRAWAL OR INELIGIBILITY. AUTHORIZATION OF APPROPRIATIONS. ``(b) Availability.--Funds made available under subsection (a) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated.''. 3. is amended by adding at the end the following: ``SEC. DEBT-FREE COLLEGE GRANT PROGRAM FOR HBCUS AND MSIS. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. ``(ii) Hiring faculty. ``(E) Submit to the Secretary for approval the institution's calculation of the cost of attendance at such institution. If the eligible institution does not remedy the breach, the Secretary may levy a fine against the institution of an amount not to exceed 1 percent of the annual grant amount. SEC. 4. TITLE IV ELIGIBILITY FOR DREAMER STUDENTS.

This Act may be cited as the ``Debt-Free College Act of 2021''. PURPOSE. ``(8) Partnership office.--The term `Partnership Office' means the Office created under section 499A-4(a). ``(b) Application.--A State that desires to participate in the State-Federal partnership under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. STATE-FEDERAL PARTNERSHIP RESPONSIBILITIES. 499A-5. USES OF FUNDS. ``(C) Hiring of faculty. ``(D) Student support services. ``(4) Providing information to prospective students and families. ``(7) Other activities as approved by the Secretary to improve the State's public higher education system, particularly for low-income and underserved students. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. AUTHORIZATION OF APPROPRIATIONS. 3. is amended by adding at the end the following: ``SEC. DEBT-FREE COLLEGE GRANT PROGRAM FOR HBCUS AND MSIS. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. ``(ii) Hiring faculty. ``(E) Submit to the Secretary for approval the institution's calculation of the cost of attendance at such institution. If the eligible institution does not remedy the breach, the Secretary may levy a fine against the institution of an amount not to exceed 1 percent of the annual grant amount. SEC. 4. TITLE IV ELIGIBILITY FOR DREAMER STUDENTS.

This Act may be cited as the ``Debt-Free College Act of 2021''. PURPOSE. ``(5) Full-time equivalent students.--The term `full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time, which shall be defined and calculated in the manner determined most appropriate by the Secretary. ``(8) Partnership office.--The term `Partnership Office' means the Office created under section 499A-4(a). ``(10) Relevant committees of congress.--The term `relevant committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives. ``(b) Application.--A State that desires to participate in the State-Federal partnership under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. STATE-FEDERAL PARTNERSHIP RESPONSIBILITIES. ``(D) Waiver of 5-year deadline.--A State may apply for a waiver from the deadline of meeting all of the State-Federal partnership's goals within 5 years if the State-- ``(i) provides a credible plan for making progress towards the goals; and ``(ii) is able to demonstrate that the State will, at a minimum, provide debt-free college within 5 years to eligible students who are Federal Pell Grant recipients under subpart 1 of part A. 499A-5. USES OF FUNDS. ``(B) Hiring additional counselors and advisors to focus on student completion support and training existing personnel to implement the college completion program. ``(C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. ``(C) Hiring of faculty. ``(D) Student support services. ``(4) Providing information to prospective students and families. ``(7) Other activities as approved by the Secretary to improve the State's public higher education system, particularly for low-income and underserved students. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(2) Remaining ineligible.--A State that is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, shall remain ineligible for participation until the State has demonstrated that the State meets the partnership's requirements. STATE WITHDRAWAL OR INELIGIBILITY. AUTHORIZATION OF APPROPRIATIONS. ``(b) Availability.--Funds made available under subsection (a) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated.''. 3. Part F of title III of the Higher Education Act of 1965 (20 U.S.C. is amended by adding at the end the following: ``SEC. DEBT-FREE COLLEGE GRANT PROGRAM FOR HBCUS AND MSIS. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. ``(ii) Hiring faculty. ``(2) Prohibition on use of funds.--An eligible institution that receives a grant under this section may not use grant funds for endowments or the construction of athletic or commercial venues. ``(E) Submit to the Secretary for approval the institution's calculation of the cost of attendance at such institution. If the eligible institution does not remedy the breach, the Secretary may levy a fine against the institution of an amount not to exceed 1 percent of the annual grant amount. SEC. 4. TITLE IV ELIGIBILITY FOR DREAMER STUDENTS.

This Act may be cited as the ``Debt-Free College Act of 2021''. PURPOSE. DEFINITIONS. ``(2) Cost of attendance.--The term `cost of attendance' means-- ``(A) tuition and fees normally assessed a student carrying the same academic workload as determined by the institution, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; ``(B) an allowance for books, supplies, transportation, and miscellaneous personal expenses, including a reasonable allowance for the documented rental or purchase of a personal computer, for a student attending the institution on at least a half- time basis, as determined by the institution; and ``(C) an allowance (determined by the institution) for room and board costs incurred by the student which-- ``(i) shall be an allowance determined by the institution for a student without dependents residing at home with parents; ``(ii) for students without dependents residing in institutionally owned or operated housing, shall be a standard allowance determined by the institution based on the amount normally assessed most of its residents for room and board; ``(iii) for students who live in housing located on a military base or for which a basic allowance is provided under section 403(b) of title 37, United States Code, shall be an allowance based on the expenses reasonably incurred by such students for board but not for room; and ``(iv) for all other students shall be an allowance based on the expenses reasonably incurred by such students for room and board. ``(5) Full-time equivalent students.--The term `full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time, which shall be defined and calculated in the manner determined most appropriate by the Secretary. ``(8) Partnership office.--The term `Partnership Office' means the Office created under section 499A-4(a). ``(10) Relevant committees of congress.--The term `relevant committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives. ``(b) Application.--A State that desires to participate in the State-Federal partnership under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. If such State is not eligible to receive a grant under this part for such following year, the State shall return the unexpended balance amount to the Federal Government. STATE-FEDERAL PARTNERSHIP RESPONSIBILITIES. ``(2) Evaluations.--The Partnership Office shall develop metrics of evaluation and perform an annual evaluation of each State participating in a State-Federal partnership under this part. ``(D) Waiver of 5-year deadline.--A State may apply for a waiver from the deadline of meeting all of the State-Federal partnership's goals within 5 years if the State-- ``(i) provides a credible plan for making progress towards the goals; and ``(ii) is able to demonstrate that the State will, at a minimum, provide debt-free college within 5 years to eligible students who are Federal Pell Grant recipients under subpart 1 of part A. 499A-5. USES OF FUNDS. ``(B) Hiring additional counselors and advisors to focus on student completion support and training existing personnel to implement the college completion program. ``(C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. ``(C) Hiring of faculty. ``(D) Student support services. ``(4) Providing information to prospective students and families. ``(7) Other activities as approved by the Secretary to improve the State's public higher education system, particularly for low-income and underserved students. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(2) Remaining ineligible.--A State that is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, shall remain ineligible for participation until the State has demonstrated that the State meets the partnership's requirements. STATE WITHDRAWAL OR INELIGIBILITY. AUTHORIZATION OF APPROPRIATIONS. ``(b) Availability.--Funds made available under subsection (a) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated.''. 3. Part F of title III of the Higher Education Act of 1965 (20 U.S.C. is amended by adding at the end the following: ``SEC. DEBT-FREE COLLEGE GRANT PROGRAM FOR HBCUS AND MSIS. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. ``(ii) Hiring faculty. ``(2) Prohibition on use of funds.--An eligible institution that receives a grant under this section may not use grant funds for endowments or the construction of athletic or commercial venues. ``(E) Submit to the Secretary for approval the institution's calculation of the cost of attendance at such institution. If the eligible institution does not remedy the breach, the Secretary may levy a fine against the institution of an amount not to exceed 1 percent of the annual grant amount. SEC. 4. TITLE IV ELIGIBILITY FOR DREAMER STUDENTS.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``In this part: ``(1) College completion program.--The term `college completion program' means a program or service at an institution of higher education that is dedicated to addressing barriers to degree attainment, particularly for low-income students, for the purpose of increasing the percentage of students completing programs of study in their entirety and attaining related degrees. ``(3) Debt-free college commitment.--The term `debt-free college commitment' means a commitment by a State participating in the State-Federal partnership under this part to cover the unmet financial need for all eligible students. ``(5) Full-time equivalent students.--The term `full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time, which shall be defined and calculated in the manner determined most appropriate by the Secretary. ``(B) Exclusions.--Net State operating support does not include-- ``(i) funds for-- ``(I) student aid programs that provide grants to students attending in-State private nonprofit institutions of higher education, in-State proprietary institutions of higher education, independent institutions, and out-of-State institutions; ``(II) capital outlay; ``(III) deferred maintenance; or ``(IV) research and development; or ``(ii) any other funds that the Secretary may exclude. ``(7) Net state operating support per fte student.--The term `net State operating support per FTE student' means, for a fiscal year-- ``(A) the net State operating support for the previous fiscal year; divided by ``(B) the full-time equivalent students for the previous fiscal year. ``(8) Partnership office.--The term `Partnership Office' means the Office created under section 499A-4(a). ``(10) Relevant committees of congress.--The term `relevant committees of Congress' means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives. ``(c) Amount of Grants.-- ``(1) In general.--The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. ``(2) Ratable reduction.--If the amount appropriated to carry out this part for a fiscal year is insufficient to award each State the State's full grant amount pursuant to paragraph (1), the Secretary shall establish procedures for ratably reducing each State's award amount for such fiscal year. ``(d) Amounts Not Expended.--Any amount of a grant awarded under this part that is not expended on allowable expenditures by the end of the fiscal year for which the grant was awarded shall be applied to the following year's grant award amount, if the State remains eligible to receive a grant under this part for such following year. ``(3) Annual report.--The Partnership Office shall submit an annual report to the relevant committees of Congress and include information gained from the annual evaluation under paragraph (2). ``(4) Website.--The Partnership Office shall create a public, consumer-oriented website with information about State- Federal partnerships established under this part, including information from the annual evaluation under paragraph (2). ``(2) 5-year plan.-- ``(A) In general.--In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State- Federal partnership. ``(B) Plan to meet goals.--The 5-year plan shall detail how the State plans to meet the goal of providing debt-free college for all eligible students at in-State public institutions of higher education within 5 years and increase the State's investment in higher education, with specific benchmarks detailed for each year. ``(3) No additional eligibility requirements.--A State that receives a grant under this part to establish a State-Federal partnership may not impose additional eligibility requirements on students other than those contained in this part. ``(3) No funds in excess of cost of attendance.--An eligible student shall not receive funds under this part in excess of the student's actual cost of attendance. ``(b) College Completion Programs.-- ``(1) In general.--A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall use 4 percent of the grant funds for such fiscal year to establish or increase funding for college completion programs. ``(3) Allowable uses.--An institution of higher education that receives funds under paragraph (2) shall use such funds to establish, implement, or expand a college completion program, including for the following purposes: ``(A) Providing information to prospective and current students to assist and improve completion, including creating materials clarifying different program completion requirements and costs, holding seminars for prospective or current students on course schedules and program costs, and updating school websites to make information publically available. ``(C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. ``(4) Reporting.-- ``(A) Reports from institutions.--An institution of higher education that receives funds under paragraph (2) shall submit to the State in which the institution is located at the end of each fiscal year a report that details the uses of funds, changes in the ratios of students to counselors, and 2-year and 4-year degree attainment rates, disaggregated by race and Federal Pell Grant recipient status. ``(c) Higher Education Related Activities.--A State that receives a grant under this part to establish a State-Federal partnership may use not more than 5 percent of the grant funds for the following higher education related activities: ``(1) Increasing the capacity within the public higher education system of the State, including through the following: ``(A) Construction of new facilities. ``(D) Student support services. ``(5) Developing new higher education programs to meet the State's workforce needs, in consultation with faculty and staff at in-State public institutions of higher education, employers, and other relevant stakeholders. ``(d) Administration and Other Uses.--A State that receives a grant under this part to establish a State-Federal partnership may use not more than 1 percent of the grant funds-- ``(1) to administer the partnership; and ``(2) for-- ``(A) higher education research and data tools, such as those that link education and employment data systems; ``(B) forming agreements with other States participating in the partnership for reciprocal student eligibility; and ``(C) developing and implementing systems to provide early notification to students and families of their eligibility for financial aid. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(2) No reduction for subsequent fiscal year.--If the Secretary grants a State a waiver under paragraph (1) for a fiscal year, a determination of the required level of net State operating support for subsequent fiscal years shall exclude the fiscal year for which the waiver was granted. ``(b) Recommendation.--Based on the State's response to a notification under subsection (a), the Partnership Office shall recommend that the Secretary-- ``(1) take no action; ``(2) place the State on probation; or ``(3) deem the State ineligible to continue to participate in the partnership. ``(B) Reasons and report.--If the Secretary chooses not to implement the recommendation of the Partnership Office under subsection (b), the Secretary shall-- ``(i) provide an explanation for such decision; and ``(ii) notify the relevant committees of Congress in a report. ``(e) Ineligibility.-- ``(1) In general.--If a State is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, the State shall not receive its partnership grant award for the subsequent year. ``(a) In General.--If a State that receives a grant under this part to establish a State-Federal partnership intends to withdraw from the partnership or becomes ineligible to continue participation under this part, the State shall comply with the requirements of this section, including, if the State intends to withdraw, notifying the Secretary and the Partnership Office 60 days prior to the withdrawal. ``(B) Priority.--In carrying out subparagraph (A), a State shall prioritize funding based on students' financial need. ``(3) Communication of information.--A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. ``(b) Availability.--Funds made available under subsection (a) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated.''. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(b) Grant Program Authorized.-- ``(1) In general.--The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. ``(d) Awarding of Grants.-- ``(1) In general.-- ``(A) In general.--A grant amount awarded to an eligible institution under this section for a year-- ``(i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and ``(ii) shall not be disbursed for the year until the Partnership Office created under section 499A-4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). ``(B) Ratable reduction.--If the amount appropriated to carry out this section for a fiscal year is insufficient to award each eligible institution the institution's full grant amount pursuant to subparagraph (A), the Secretary shall establish procedures for ratably reducing each institution's award amount for such fiscal year. ``(2) Waivers.-- ``(A) In general.--Subject to subparagraph (B), if the percentage of students eligible to receive a Federal Pell Grant who are enrolled at an eligible institution that receives a grant under this section decreases to less than 35 percent after the first year of the grant award, such institution may apply to the Secretary for a waiver of the requirement that an institution to be eligible to receive a grant under this section have not less than 35 percent of the students enrolled at the institution eligible to receive a Federal Pell Grant. ``(e) Use of Grant Funds.-- ``(1) In general.--An eligible institution that receives a grant under this section shall use the grant funds as follows: ``(A) 95 percent of the grant funds shall be-- ``(i) used to cover the unmet need for financial assistance to attend the institution of students who have not yet earned a bachelor's degree; and ``(ii) disbursed according to financial need. ``(f) Annual Update.--An eligible institution that receives a grant under this section shall submit to the Secretary an annual update-- ``(1) with any changes to the institution's expenditures on student instruction and academic support; and ``(2) on how the institution is fulfilling the terms of the grant. ``(g) Terms of the Grant.-- ``(1) Grantee commitment.--An eligible institution that receives a grant under this section shall carry out the following: ``(A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). ``(B) Maintain expenditures on instruction and academic support at the institution at a level that is not less than the average of such expenditures at the institution over the period of 3 years preceding the date of enactment of the Debt-Free College Act of 2021. ``(ii) That a debt-free college education provided pursuant to this section is conditioned upon institutional eligibility and participation under this section and may not apply for each year that the student is enrolled at the institution. ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification. ``(h) Withdrawal.--An eligible institution that receives a grant under this section that intends to withdraw from the grant program under this section shall-- ``(1) notify the Partnership Office created under section 499A-4(a) not less than 60 days prior to the withdrawal; ``(2) place into escrow any unexpended grant funds to be disbursed directly to students enrolled at the institution; and ``(3) notify prospective and enrolled students at the institution and their families of such withdrawal. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $3,000,000,000 for fiscal year 2021; and ``(B) such sums as may be necessary for each fiscal years 2022 through 2031. ``(2) Availability.--Funds made available under paragraph (1) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated.''. TITLE IV ELIGIBILITY FOR DREAMER STUDENTS. ``(2) Hardship exception.--The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual-- ``(A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and ``(B) satisfies the requirement of paragraph (1)(C).''.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``In this part: ``(1) College completion program.--The term `college completion program' means a program or service at an institution of higher education that is dedicated to addressing barriers to degree attainment, particularly for low-income students, for the purpose of increasing the percentage of students completing programs of study in their entirety and attaining related degrees. ``(3) Debt-free college commitment.--The term `debt-free college commitment' means a commitment by a State participating in the State-Federal partnership under this part to cover the unmet financial need for all eligible students. ``(5) Full-time equivalent students.--The term `full-time equivalent students' means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time, which shall be defined and calculated in the manner determined most appropriate by the Secretary. ``(6) Net state operating support.--The term `net State operating support' means an amount that is equal to the amount of State funds and local government appropriations used to support public higher education annual operating expenses in the State, calculated in accordance with subparagraphs (A) and (B). ``(7) Net state operating support per fte student.--The term `net State operating support per FTE student' means, for a fiscal year-- ``(A) the net State operating support for the previous fiscal year; divided by ``(B) the full-time equivalent students for the previous fiscal year. ``(11) Unmet need.--The term `unmet need' means the difference between a student's cost of attendance to attend an in-State public institution of higher education and the student's expected family contribution plus any Federal, State, or local sources of grant aid. ``(a) Grants Authorized.--The Secretary shall award grants to States to establish State-Federal partnerships with a goal of providing debt-free college for all eligible students at in-State public institutions of higher education. ``(c) Amount of Grants.-- ``(1) In general.--The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. ``(3) Annual report.--The Partnership Office shall submit an annual report to the relevant committees of Congress and include information gained from the annual evaluation under paragraph (2). ``(4) Website.--The Partnership Office shall create a public, consumer-oriented website with information about State- Federal partnerships established under this part, including information from the annual evaluation under paragraph (2). ``(2) 5-year plan.-- ``(A) In general.--In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State- Federal partnership. ``(B) Plan to meet goals.--The 5-year plan shall detail how the State plans to meet the goal of providing debt-free college for all eligible students at in-State public institutions of higher education within 5 years and increase the State's investment in higher education, with specific benchmarks detailed for each year. ``(2) Disbursement of remaining funds.--Any funds that remain after a State disburses funds in accordance with paragraph (1) shall be used by the State to cover part or all of the unmet need for eligible students who do not receive a Federal Pell Grant under subpart 1 of part A, with priority based on student financial need, in a manner determined by the State. ``(b) College Completion Programs.-- ``(1) In general.--A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall use 4 percent of the grant funds for such fiscal year to establish or increase funding for college completion programs. ``(C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. ``(4) Reporting.-- ``(A) Reports from institutions.--An institution of higher education that receives funds under paragraph (2) shall submit to the State in which the institution is located at the end of each fiscal year a report that details the uses of funds, changes in the ratios of students to counselors, and 2-year and 4-year degree attainment rates, disaggregated by race and Federal Pell Grant recipient status. ``(3) Improving student outcomes, including meeting student learning goals, increasing completion rates, and improving post-graduate job placement, in consultation with faculty and staff at in-State public institutions of higher education. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(b) Waivers.-- ``(1) In general.--The Secretary may grant a waiver to a State from the requirement under subsection (a) for a fiscal year, if the State demonstrates that-- ``(A) the net State operating support for such fiscal year as a percentage of total revenue available to the State that will fund higher education for such fiscal year is not less than such percentage for the previous fiscal year; and ``(B) unexpected or uncontrollable circumstances prevent the State from maintaining such State support. ``(B) Reasons and report.--If the Secretary chooses not to implement the recommendation of the Partnership Office under subsection (b), the Secretary shall-- ``(i) provide an explanation for such decision; and ``(ii) notify the relevant committees of Congress in a report. ``(2) Withholding.--With respect to a State that is placed on probation by the Secretary due to a breach of a term of the partnership, the Secretary shall withhold half of the State's partnership grant award until the breach has been remedied or the State has demonstrated credible progress towards remedying the breach. ``(a) In General.--If a State that receives a grant under this part to establish a State-Federal partnership intends to withdraw from the partnership or becomes ineligible to continue participation under this part, the State shall comply with the requirements of this section, including, if the State intends to withdraw, notifying the Secretary and the Partnership Office 60 days prior to the withdrawal. ``(B) Priority.--In carrying out subparagraph (A), a State shall prioritize funding based on students' financial need. ``(3) Communication of information.--A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. ``(2) For-profit institution that converted to a nonprofit institution.--Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. ``(c) Application.--An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a plan detailing how-- ``(1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and ``(2) the institution plans to meet the requirements of the grant program. ``(d) Awarding of Grants.-- ``(1) In general.-- ``(A) In general.--A grant amount awarded to an eligible institution under this section for a year-- ``(i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and ``(ii) shall not be disbursed for the year until the Partnership Office created under section 499A-4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). ``(2) Waivers.-- ``(A) In general.--Subject to subparagraph (B), if the percentage of students eligible to receive a Federal Pell Grant who are enrolled at an eligible institution that receives a grant under this section decreases to less than 35 percent after the first year of the grant award, such institution may apply to the Secretary for a waiver of the requirement that an institution to be eligible to receive a grant under this section have not less than 35 percent of the students enrolled at the institution eligible to receive a Federal Pell Grant. ``(iii) Student support services. ``(g) Terms of the Grant.-- ``(1) Grantee commitment.--An eligible institution that receives a grant under this section shall carry out the following: ``(A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). ``(ii) That a debt-free college education provided pursuant to this section is conditioned upon institutional eligibility and participation under this section and may not apply for each year that the student is enrolled at the institution. ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification. ``(h) Withdrawal.--An eligible institution that receives a grant under this section that intends to withdraw from the grant program under this section shall-- ``(1) notify the Partnership Office created under section 499A-4(a) not less than 60 days prior to the withdrawal; ``(2) place into escrow any unexpended grant funds to be disbursed directly to students enrolled at the institution; and ``(3) notify prospective and enrolled students at the institution and their families of such withdrawal. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $3,000,000,000 for fiscal year 2021; and ``(B) such sums as may be necessary for each fiscal years 2022 through 2031. ``(2) Hardship exception.--The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual-- ``(A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and ``(B) satisfies the requirement of paragraph (1)(C).''.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(3) Debt-free college commitment.--The term `debt-free college commitment' means a commitment by a State participating in the State-Federal partnership under this part to cover the unmet financial need for all eligible students. ``(c) Amount of Grants.-- ``(1) In general.--The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. ``(2) 5-year plan.-- ``(A) In general.--In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State- Federal partnership. ``(4) Reporting.-- ``(A) Reports from institutions.--An institution of higher education that receives funds under paragraph (2) shall submit to the State in which the institution is located at the end of each fiscal year a report that details the uses of funds, changes in the ratios of students to counselors, and 2-year and 4-year degree attainment rates, disaggregated by race and Federal Pell Grant recipient status. ``(b) Waivers.-- ``(1) In general.--The Secretary may grant a waiver to a State from the requirement under subsection (a) for a fiscal year, if the State demonstrates that-- ``(A) the net State operating support for such fiscal year as a percentage of total revenue available to the State that will fund higher education for such fiscal year is not less than such percentage for the previous fiscal year; and ``(B) unexpected or uncontrollable circumstances prevent the State from maintaining such State support. ``(a) In General.--If a State that receives a grant under this part to establish a State-Federal partnership intends to withdraw from the partnership or becomes ineligible to continue participation under this part, the State shall comply with the requirements of this section, including, if the State intends to withdraw, notifying the Secretary and the Partnership Office 60 days prior to the withdrawal. ``(c) Application.--An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a plan detailing how-- ``(1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and ``(2) the institution plans to meet the requirements of the grant program. ``(2) Waivers.-- ``(A) In general.--Subject to subparagraph (B), if the percentage of students eligible to receive a Federal Pell Grant who are enrolled at an eligible institution that receives a grant under this section decreases to less than 35 percent after the first year of the grant award, such institution may apply to the Secretary for a waiver of the requirement that an institution to be eligible to receive a grant under this section have not less than 35 percent of the students enrolled at the institution eligible to receive a Federal Pell Grant. ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $3,000,000,000 for fiscal year 2021; and ``(B) such sums as may be necessary for each fiscal years 2022 through 2031. ``(2) Hardship exception.--The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual-- ``(A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and ``(B) satisfies the requirement of paragraph (1)(C). ''.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(2) Ratable reduction.--If the amount appropriated to carry out this part for a fiscal year is insufficient to award each State the State's full grant amount pursuant to paragraph (1), the Secretary shall establish procedures for ratably reducing each State's award amount for such fiscal year. ``(4) Website.--The Partnership Office shall create a public, consumer-oriented website with information about State- Federal partnerships established under this part, including information from the annual evaluation under paragraph (2). ``(c) Higher Education Related Activities.--A State that receives a grant under this part to establish a State-Federal partnership may use not more than 5 percent of the grant funds for the following higher education related activities: ``(1) Increasing the capacity within the public higher education system of the State, including through the following: ``(A) Construction of new facilities. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(3) Communication of information.--A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. ``(d) Awarding of Grants.-- ``(1) In general.-- ``(A) In general.--A grant amount awarded to an eligible institution under this section for a year-- ``(i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and ``(ii) shall not be disbursed for the year until the Partnership Office created under section 499A-4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). ``(B) Ratable reduction.--If the amount appropriated to carry out this section for a fiscal year is insufficient to award each eligible institution the institution's full grant amount pursuant to subparagraph (A), the Secretary shall establish procedures for ratably reducing each institution's award amount for such fiscal year. ``(g) Terms of the Grant.-- ``(1) Grantee commitment.--An eligible institution that receives a grant under this section shall carry out the following: ``(A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(3) Debt-free college commitment.--The term `debt-free college commitment' means a commitment by a State participating in the State-Federal partnership under this part to cover the unmet financial need for all eligible students. ``(c) Amount of Grants.-- ``(1) In general.--The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. ``(2) 5-year plan.-- ``(A) In general.--In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State- Federal partnership. ``(4) Reporting.-- ``(A) Reports from institutions.--An institution of higher education that receives funds under paragraph (2) shall submit to the State in which the institution is located at the end of each fiscal year a report that details the uses of funds, changes in the ratios of students to counselors, and 2-year and 4-year degree attainment rates, disaggregated by race and Federal Pell Grant recipient status. ``(b) Waivers.-- ``(1) In general.--The Secretary may grant a waiver to a State from the requirement under subsection (a) for a fiscal year, if the State demonstrates that-- ``(A) the net State operating support for such fiscal year as a percentage of total revenue available to the State that will fund higher education for such fiscal year is not less than such percentage for the previous fiscal year; and ``(B) unexpected or uncontrollable circumstances prevent the State from maintaining such State support. ``(a) In General.--If a State that receives a grant under this part to establish a State-Federal partnership intends to withdraw from the partnership or becomes ineligible to continue participation under this part, the State shall comply with the requirements of this section, including, if the State intends to withdraw, notifying the Secretary and the Partnership Office 60 days prior to the withdrawal. ``(c) Application.--An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a plan detailing how-- ``(1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and ``(2) the institution plans to meet the requirements of the grant program. ``(2) Waivers.-- ``(A) In general.--Subject to subparagraph (B), if the percentage of students eligible to receive a Federal Pell Grant who are enrolled at an eligible institution that receives a grant under this section decreases to less than 35 percent after the first year of the grant award, such institution may apply to the Secretary for a waiver of the requirement that an institution to be eligible to receive a grant under this section have not less than 35 percent of the students enrolled at the institution eligible to receive a Federal Pell Grant. ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification. ``(i) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to carry out this section-- ``(A) $3,000,000,000 for fiscal year 2021; and ``(B) such sums as may be necessary for each fiscal years 2022 through 2031. ``(2) Hardship exception.--The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual-- ``(A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and ``(B) satisfies the requirement of paragraph (1)(C). ''.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(2) Ratable reduction.--If the amount appropriated to carry out this part for a fiscal year is insufficient to award each State the State's full grant amount pursuant to paragraph (1), the Secretary shall establish procedures for ratably reducing each State's award amount for such fiscal year. ``(4) Website.--The Partnership Office shall create a public, consumer-oriented website with information about State- Federal partnerships established under this part, including information from the annual evaluation under paragraph (2). ``(c) Higher Education Related Activities.--A State that receives a grant under this part to establish a State-Federal partnership may use not more than 5 percent of the grant funds for the following higher education related activities: ``(1) Increasing the capacity within the public higher education system of the State, including through the following: ``(A) Construction of new facilities. ``(a) In General.--A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. ``(3) Communication of information.--A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. ``(d) Awarding of Grants.-- ``(1) In general.-- ``(A) In general.--A grant amount awarded to an eligible institution under this section for a year-- ``(i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and ``(ii) shall not be disbursed for the year until the Partnership Office created under section 499A-4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). ``(B) Ratable reduction.--If the amount appropriated to carry out this section for a fiscal year is insufficient to award each eligible institution the institution's full grant amount pursuant to subparagraph (A), the Secretary shall establish procedures for ratably reducing each institution's award amount for such fiscal year. ``(g) Terms of the Grant.-- ``(1) Grantee commitment.--An eligible institution that receives a grant under this section shall carry out the following: ``(A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(2) 5-year plan.-- ``(A) In general.--In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State- Federal partnership. ``(c) Application.--An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a plan detailing how-- ``(1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and ``(2) the institution plans to meet the requirements of the grant program. ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(c) Higher Education Related Activities.--A State that receives a grant under this part to establish a State-Federal partnership may use not more than 5 percent of the grant funds for the following higher education related activities: ``(1) Increasing the capacity within the public higher education system of the State, including through the following: ``(A) Construction of new facilities. ``(3) Communication of information.--A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. ``(d) Awarding of Grants.-- ``(1) In general.-- ``(A) In general.--A grant amount awarded to an eligible institution under this section for a year-- ``(i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and ``(ii) shall not be disbursed for the year until the Partnership Office created under section 499A-4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). ``(g) Terms of the Grant.-- ``(1) Grantee commitment.--An eligible institution that receives a grant under this section shall carry out the following: ``(A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(2) 5-year plan.-- ``(A) In general.--In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State- Federal partnership. ``(c) Application.--An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a plan detailing how-- ``(1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and ``(2) the institution plans to meet the requirements of the grant program. ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification.

To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes. ``(d) Awarding of Grants.-- ``(1) In general.-- ``(A) In general.--A grant amount awarded to an eligible institution under this section for a year-- ``(i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and ``(ii) shall not be disbursed for the year until the Partnership Office created under section 499A-4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). ``(g) Terms of the Grant.-- ``(1) Grantee commitment.--An eligible institution that receives a grant under this section shall carry out the following: ``(A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021, with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). ``(2) Breach of terms of grant.-- ``(A) In general.--If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A-4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification.

H.R.643

Immigration

Stop Greenlighting Driver Licenses for Illegal Immigrants Act This bill prohibits a state from receiving certain federal law enforcement grants if it takes certain immigration-related actions. Specifically, a state may not receive such grants if it (1) issues a driver license to an individual who does not have proof of U.S. citizenship or lawful presence in the United States, or (2) prohibits a local or state government entity or official from sharing immigration enforcement information with the Department of Homeland Security.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Greenlighting Driver Licenses for Illegal Immigrants Act''. SEC. 2. DEFINITIONS. In this Act: (1) Edward byrne memorial justice assistance grant program funds.--The term ``Edward Byrne Memorial Justice Assistance Grant Program funds''-- (A) means a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (2) Immigration enforcement information.--The term ``immigration enforcement information'' means-- (A) information relating to the citizenship or immigration status of any individual; and (B) the date, time, and location of the release of any individual from detention, jail, or a prison facility. (3) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). SEC. 3. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. (a) Prohibition.--The following States shall be subject to subsection (b): (1) Any State that issues a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States. (2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information. (b) Penalty.--A State described in subsection (a) shall-- (1) in the case of a State described in subsection (a)(1), not later than 30 days after the date on which a driver license is issued to an individual who does not have proof of United States citizenship or lawful presence in the United States, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; (2) in the case of a State described in subsection (a)(2), not later than 30 days after the date of enactment of this Act, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; and (3) be ineligible to receive Edward Byrne Memorial Justice Assistance Grant Program funds until the date on which the State institutes a law or policy that-- (A) prohibits the issuance of a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States; and (B) permits a local or State government entity or official to collect and send to and receive from the Department of Homeland Security immigration enforcement information. <all>

Stop Greenlighting Driver Licenses for Illegal Immigrants Act

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government.

Stop Greenlighting Driver Licenses for Illegal Immigrants Act

Rep. Buck, Ken

R

CO

This bill prohibits a state from receiving certain federal law enforcement grants if it takes certain immigration-related actions. Specifically, a state may not receive such grants if it (1) issues a driver license to an individual who does not have proof of U.S. citizenship or lawful presence in the United States, or (2) prohibits a local or state government entity or official from sharing immigration enforcement information with the Department of Homeland Security.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Greenlighting Driver Licenses for Illegal Immigrants Act''. 2. DEFINITIONS. In this Act: (1) Edward byrne memorial justice assistance grant program funds.--The term ``Edward Byrne Memorial Justice Assistance Grant Program funds''-- (A) means a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq. ); and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (2) Immigration enforcement information.--The term ``immigration enforcement information'' means-- (A) information relating to the citizenship or immigration status of any individual; and (B) the date, time, and location of the release of any individual from detention, jail, or a prison facility. 10251). SEC. 3. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. (a) Prohibition.--The following States shall be subject to subsection (b): (1) Any State that issues a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States. (2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information. (b) Penalty.--A State described in subsection (a) shall-- (1) in the case of a State described in subsection (a)(1), not later than 30 days after the date on which a driver license is issued to an individual who does not have proof of United States citizenship or lawful presence in the United States, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; (2) in the case of a State described in subsection (a)(2), not later than 30 days after the date of enactment of this Act, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; and (3) be ineligible to receive Edward Byrne Memorial Justice Assistance Grant Program funds until the date on which the State institutes a law or policy that-- (A) prohibits the issuance of a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States; and (B) permits a local or State government entity or official to collect and send to and receive from the Department of Homeland Security immigration enforcement information.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. DEFINITIONS. In this Act: (1) Edward byrne memorial justice assistance grant program funds.--The term ``Edward Byrne Memorial Justice Assistance Grant Program funds''-- (A) means a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq. 10156(d)). (2) Immigration enforcement information.--The term ``immigration enforcement information'' means-- (A) information relating to the citizenship or immigration status of any individual; and (B) the date, time, and location of the release of any individual from detention, jail, or a prison facility. 10251). SEC. 3. (a) Prohibition.--The following States shall be subject to subsection (b): (1) Any State that issues a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States. (2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Greenlighting Driver Licenses for Illegal Immigrants Act''. SEC. 2. DEFINITIONS. In this Act: (1) Edward byrne memorial justice assistance grant program funds.--The term ``Edward Byrne Memorial Justice Assistance Grant Program funds''-- (A) means a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (2) Immigration enforcement information.--The term ``immigration enforcement information'' means-- (A) information relating to the citizenship or immigration status of any individual; and (B) the date, time, and location of the release of any individual from detention, jail, or a prison facility. (3) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). SEC. 3. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. (a) Prohibition.--The following States shall be subject to subsection (b): (1) Any State that issues a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States. (2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information. (b) Penalty.--A State described in subsection (a) shall-- (1) in the case of a State described in subsection (a)(1), not later than 30 days after the date on which a driver license is issued to an individual who does not have proof of United States citizenship or lawful presence in the United States, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; (2) in the case of a State described in subsection (a)(2), not later than 30 days after the date of enactment of this Act, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; and (3) be ineligible to receive Edward Byrne Memorial Justice Assistance Grant Program funds until the date on which the State institutes a law or policy that-- (A) prohibits the issuance of a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States; and (B) permits a local or State government entity or official to collect and send to and receive from the Department of Homeland Security immigration enforcement information. <all>

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Greenlighting Driver Licenses for Illegal Immigrants Act''. SEC. 2. DEFINITIONS. In this Act: (1) Edward byrne memorial justice assistance grant program funds.--The term ``Edward Byrne Memorial Justice Assistance Grant Program funds''-- (A) means a grant under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (2) Immigration enforcement information.--The term ``immigration enforcement information'' means-- (A) information relating to the citizenship or immigration status of any individual; and (B) the date, time, and location of the release of any individual from detention, jail, or a prison facility. (3) State.--The term ``State'' has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251). SEC. 3. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. (a) Prohibition.--The following States shall be subject to subsection (b): (1) Any State that issues a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States. (2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information. (b) Penalty.--A State described in subsection (a) shall-- (1) in the case of a State described in subsection (a)(1), not later than 30 days after the date on which a driver license is issued to an individual who does not have proof of United States citizenship or lawful presence in the United States, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; (2) in the case of a State described in subsection (a)(2), not later than 30 days after the date of enactment of this Act, return to the Treasury of the United States any unobligated Edward Byrne Memorial Justice Assistance Grant Program funds; and (3) be ineligible to receive Edward Byrne Memorial Justice Assistance Grant Program funds until the date on which the State institutes a law or policy that-- (A) prohibits the issuance of a driver license to an individual who does not have proof of United States citizenship or lawful presence in the United States; and (B) permits a local or State government entity or official to collect and send to and receive from the Department of Homeland Security immigration enforcement information. <all>

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). ( EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. ( 2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). ( EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. ( 2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). ( EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. ( 2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). ( EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. ( 2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information.

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). (

To restrict certain Federal grants for States that grant driver licenses to illegal immigrants and fail to share information about criminal aliens with the Federal Government. and (B) includes a grant made directly to a unit of local government within a State under section 505(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10156(d)). ( EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT RESTRICTION FOR STATES THAT FAIL TO COMPLY WITH FEDERAL IMMIGRATION LAW. ( 2) Any State that prohibits or restricts a local or State government entity or official from collecting or sending to or receiving from the Department of Homeland Security immigration enforcement information.

S.2380

Transportation and Public Works

Tristan's Law This bill allocates a portion of National Priority Safety Program funds for efforts to increase the safety of frozen dessert truck patrons. (The program provides grants to states to address selected priorities to reduce highway deaths and injuries.) In particular, the Department of Transportation (DOT) must award grants to states for implementing laws and regulations that require frozen dessert trucks to have signal lamps, stop signal arms, and other safety features. DOT must also study pedestrian injuries and fatalities related to frozen dessert trucks and ways to prevent and reduce such harms. Based on the study, the National Highway Traffic Safety Administration must issue guidance on methods to improve the safety of frozen dessert trucks and their patrons.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tristan's Law''. SEC. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK PATRONS. (a) Findings.--Congress finds that-- (1) in 2016, more than 20 percent of the 1,233 children killed in traffic crashes were pedestrians; (2) frozen dessert trucks present a very specific hazard for children; (3) in approaching, or departing from, a frozen dessert truck-- (A) children may pay little attention to traffic; and (B) the truck may screen the children from driver visibility; (4) States and units of local government have issued ordinances to modify the behavior of drivers in the vicinity of frozen dessert trucks to reduce speeds and improve the safety of children approaching, or departing from, the trucks; (5) requiring drivers to come to a complete stop before passing a frozen dessert truck that is stopped to vend can reduce safety threats posed to children; (6) requiring frozen dessert trucks to be equipped with flashing signal lamps, a stop signal arm, a convex mirror, and a front crossing arm can reduce safety threats posed to children visiting the trucks; and (7) the Federal Government can play a role in reducing pedestrian injuries associated with frozen dessert truck operations. (b) National Priority Safety Programs Reservation of Funds.-- Section 405 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``5 percent'' and inserting ``4 percent''; (B) in paragraph (8)-- (i) by striking ``through (7)'' and inserting ``through (8)''; and (ii) by striking ``through (h)'' and inserting ``through (i)''; (C) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and (D) by inserting after paragraph (7) the following: ``(8) Safety of frozen dessert truck patrons.--In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that adopt and implement laws to increase the safety of frozen dessert truck patrons (as described in subsection (i)).''; and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(3) Frozen dessert truck equipment.--For purposes of paragraph (2), a frozen dessert truck shall be equipped with each of the following: ``(A) Signal lamps.--1 or more signal lamps that-- ``(i) are mounted-- ``(I) at the same level; and ``(II) as high on the frozen dessert truck, and as widely spaced laterally, as is practicable; ``(ii) are not less than 5, and not more than 7, inches in diameter; and ``(iii) display 2 alternately flashing red lights visible at a distance of not less than 500 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway. ``(B) Stop signal arm.-- ``(i) In general.--A stop signal arm-- ``(I) that can be extended horizontally from the left side of the frozen dessert truck; ``(II) when extended-- ``(aa) the side nearest the frozen dessert truck of which shall be-- ``(AA) 7.25 inches long; and ``(BB) parallel to the side of the frozen dessert truck; ``(bb) the side farthest from the frozen dessert truck of which shall be-- ``(AA) 18 inches long; and ``(BB) parallel to the side nearest the frozen dessert truck; ``(cc) the 2 sides of which shall be 18 inches apart, creating a symmetrical, trapezoidal shape; and ``(dd) the bottom of which shall be approximately 42 inches above the street; ``(III) the outside corners of which-- ``(aa) when extended, feature 2 alternately flashing red lights, each of which shall be-- ``(AA) not less than 3, and not more than 5, inches in diameter; and ``(BB) visible at a distance of not less than 300 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway; and ``(bb) are rounded to conform to the shape of the lights described in item (aa); and ``(IV) both sides of which shall feature-- ``(aa) a red, reflectorized background; and ``(bb) a legend described in clause (ii). ``(ii) Description of legend.--A legend referred to in clause (i)(IV)(bb) is a legend in which-- ``(I) the word `STOP' appears in 6- inch-high white letters, not to exceed 4 inches in length, in the middle of the stop signal arm; ``(II) above the word `STOP', the phrase `IF SAFE' appears in 2-inch-high white letters, not to exceed 1.75 inches in length; ``(III) below the word `STOP', the phrase `THEN GO' appears in 2-inch-high white letters, not to exceed 1.75 inches in length; and ``(IV) the colors (including the colors of the background) conform to the requirements described in the Manual on Uniform Traffic Control Devices for Streets and Highways published by the Federal Highway Administration. ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(D) Front crossing arm.--A front crossing arm-- ``(i) that is-- ``(I) attached to the front bumper of the frozen dessert truck; and ``(II) hinged from the right side of the frozen dessert truck; ``(ii) the bottom of which shall be not less than 16, and not more than 20, inches above the street; ``(iii) that is-- ``(I) made of any durable material; and ``(II) covered with yellow or white reflective material; and ``(iv) that extends-- ``(I) in conjunction with the stop signal arm described in subparagraph (B); ``(II) when extended outward in front of the frozen dessert truck, not less than 4, and not more than 6, feet parallel to the street; and ``(III) when retracted against the front of the frozen dessert truck, not past the width of the frozen dessert truck on the left side of the frozen dessert truck operator. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(5) Study.-- ``(A) In general.--The Secretary shall conduct a study of-- ``(i) the extent of pedestrian injuries and fatalities relating to frozen dessert trucks, including the percentage of those injuries and fatalities experienced by children; ``(ii) potential countermeasures to modify the behavior of drivers in the vicinity of frozen dessert trucks to reduce speeds and improve safety when children approach the frozen dessert trucks; and ``(iii) the feasibility of requiring operators of frozen dessert trucks not to stop or park the frozen dessert trucks to vend to a child in any location at which the child would be required to cross a highway to approach the frozen dessert truck. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''. <all>

Tristan's Law

A bill to amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks.

Tristan's Law

Sen. Blumenthal, Richard

D

CT

This bill allocates a portion of National Priority Safety Program funds for efforts to increase the safety of frozen dessert truck patrons. (The program provides grants to states to address selected priorities to reduce highway deaths and injuries.) In particular, the Department of Transportation (DOT) must award grants to states for implementing laws and regulations that require frozen dessert trucks to have signal lamps, stop signal arms, and other safety features. DOT must also study pedestrian injuries and fatalities related to frozen dessert trucks and ways to prevent and reduce such harms. Based on the study, the National Highway Traffic Safety Administration must issue guidance on methods to improve the safety of frozen dessert trucks and their patrons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK PATRONS. (a) Findings.--Congress finds that-- (1) in 2016, more than 20 percent of the 1,233 children killed in traffic crashes were pedestrians; (2) frozen dessert trucks present a very specific hazard for children; (3) in approaching, or departing from, a frozen dessert truck-- (A) children may pay little attention to traffic; and (B) the truck may screen the children from driver visibility; (4) States and units of local government have issued ordinances to modify the behavior of drivers in the vicinity of frozen dessert trucks to reduce speeds and improve the safety of children approaching, or departing from, the trucks; (5) requiring drivers to come to a complete stop before passing a frozen dessert truck that is stopped to vend can reduce safety threats posed to children; (6) requiring frozen dessert trucks to be equipped with flashing signal lamps, a stop signal arm, a convex mirror, and a front crossing arm can reduce safety threats posed to children visiting the trucks; and (7) the Federal Government can play a role in reducing pedestrian injuries associated with frozen dessert truck operations. ``(B) Stop signal arm.-- ``(i) In general.--A stop signal arm-- ``(I) that can be extended horizontally from the left side of the frozen dessert truck; ``(II) when extended-- ``(aa) the side nearest the frozen dessert truck of which shall be-- ``(AA) 7.25 inches long; and ``(BB) parallel to the side of the frozen dessert truck; ``(bb) the side farthest from the frozen dessert truck of which shall be-- ``(AA) 18 inches long; and ``(BB) parallel to the side nearest the frozen dessert truck; ``(cc) the 2 sides of which shall be 18 inches apart, creating a symmetrical, trapezoidal shape; and ``(dd) the bottom of which shall be approximately 42 inches above the street; ``(III) the outside corners of which-- ``(aa) when extended, feature 2 alternately flashing red lights, each of which shall be-- ``(AA) not less than 3, and not more than 5, inches in diameter; and ``(BB) visible at a distance of not less than 300 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway; and ``(bb) are rounded to conform to the shape of the lights described in item (aa); and ``(IV) both sides of which shall feature-- ``(aa) a red, reflectorized background; and ``(bb) a legend described in clause (ii). ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK PATRONS. ``(B) Stop signal arm.-- ``(i) In general.--A stop signal arm-- ``(I) that can be extended horizontally from the left side of the frozen dessert truck; ``(II) when extended-- ``(aa) the side nearest the frozen dessert truck of which shall be-- ``(AA) 7.25 inches long; and ``(BB) parallel to the side of the frozen dessert truck; ``(bb) the side farthest from the frozen dessert truck of which shall be-- ``(AA) 18 inches long; and ``(BB) parallel to the side nearest the frozen dessert truck; ``(cc) the 2 sides of which shall be 18 inches apart, creating a symmetrical, trapezoidal shape; and ``(dd) the bottom of which shall be approximately 42 inches above the street; ``(III) the outside corners of which-- ``(aa) when extended, feature 2 alternately flashing red lights, each of which shall be-- ``(AA) not less than 3, and not more than 5, inches in diameter; and ``(BB) visible at a distance of not less than 300 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway; and ``(bb) are rounded to conform to the shape of the lights described in item (aa); and ``(IV) both sides of which shall feature-- ``(aa) a red, reflectorized background; and ``(bb) a legend described in clause (ii).

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. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK PATRONS. (a) Findings.--Congress finds that-- (1) in 2016, more than 20 percent of the 1,233 children killed in traffic crashes were pedestrians; (2) frozen dessert trucks present a very specific hazard for children; (3) in approaching, or departing from, a frozen dessert truck-- (A) children may pay little attention to traffic; and (B) the truck may screen the children from driver visibility; (4) States and units of local government have issued ordinances to modify the behavior of drivers in the vicinity of frozen dessert trucks to reduce speeds and improve the safety of children approaching, or departing from, the trucks; (5) requiring drivers to come to a complete stop before passing a frozen dessert truck that is stopped to vend can reduce safety threats posed to children; (6) requiring frozen dessert trucks to be equipped with flashing signal lamps, a stop signal arm, a convex mirror, and a front crossing arm can reduce safety threats posed to children visiting the trucks; and (7) the Federal Government can play a role in reducing pedestrian injuries associated with frozen dessert truck operations. (b) National Priority Safety Programs Reservation of Funds.-- Section 405 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``5 percent'' and inserting ``4 percent''; (B) in paragraph (8)-- (i) by striking ``through (7)'' and inserting ``through (8)''; and (ii) by striking ``through (h)'' and inserting ``through (i)''; (C) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and (D) by inserting after paragraph (7) the following: ``(8) Safety of frozen dessert truck patrons.--In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that adopt and implement laws to increase the safety of frozen dessert truck patrons (as described in subsection (i)). ``(B) Stop signal arm.-- ``(i) In general.--A stop signal arm-- ``(I) that can be extended horizontally from the left side of the frozen dessert truck; ``(II) when extended-- ``(aa) the side nearest the frozen dessert truck of which shall be-- ``(AA) 7.25 inches long; and ``(BB) parallel to the side of the frozen dessert truck; ``(bb) the side farthest from the frozen dessert truck of which shall be-- ``(AA) 18 inches long; and ``(BB) parallel to the side nearest the frozen dessert truck; ``(cc) the 2 sides of which shall be 18 inches apart, creating a symmetrical, trapezoidal shape; and ``(dd) the bottom of which shall be approximately 42 inches above the street; ``(III) the outside corners of which-- ``(aa) when extended, feature 2 alternately flashing red lights, each of which shall be-- ``(AA) not less than 3, and not more than 5, inches in diameter; and ``(BB) visible at a distance of not less than 300 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway; and ``(bb) are rounded to conform to the shape of the lights described in item (aa); and ``(IV) both sides of which shall feature-- ``(aa) a red, reflectorized background; and ``(bb) a legend described in clause (ii). ``(ii) Description of legend.--A legend referred to in clause (i)(IV)(bb) is a legend in which-- ``(I) the word `STOP' appears in 6- inch-high white letters, not to exceed 4 inches in length, in the middle of the stop signal arm; ``(II) above the word `STOP', the phrase `IF SAFE' appears in 2-inch-high white letters, not to exceed 1.75 inches in length; ``(III) below the word `STOP', the phrase `THEN GO' appears in 2-inch-high white letters, not to exceed 1.75 inches in length; and ``(IV) the colors (including the colors of the background) conform to the requirements described in the Manual on Uniform Traffic Control Devices for Streets and Highways published by the Federal Highway Administration. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tristan's Law''. SEC. 2. RESERVATION OF FUNDS TO INCREASE SAFETY OF FROZEN DESSERT TRUCK PATRONS. (a) Findings.--Congress finds that-- (1) in 2016, more than 20 percent of the 1,233 children killed in traffic crashes were pedestrians; (2) frozen dessert trucks present a very specific hazard for children; (3) in approaching, or departing from, a frozen dessert truck-- (A) children may pay little attention to traffic; and (B) the truck may screen the children from driver visibility; (4) States and units of local government have issued ordinances to modify the behavior of drivers in the vicinity of frozen dessert trucks to reduce speeds and improve the safety of children approaching, or departing from, the trucks; (5) requiring drivers to come to a complete stop before passing a frozen dessert truck that is stopped to vend can reduce safety threats posed to children; (6) requiring frozen dessert trucks to be equipped with flashing signal lamps, a stop signal arm, a convex mirror, and a front crossing arm can reduce safety threats posed to children visiting the trucks; and (7) the Federal Government can play a role in reducing pedestrian injuries associated with frozen dessert truck operations. (b) National Priority Safety Programs Reservation of Funds.-- Section 405 of title 23, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``5 percent'' and inserting ``4 percent''; (B) in paragraph (8)-- (i) by striking ``through (7)'' and inserting ``through (8)''; and (ii) by striking ``through (h)'' and inserting ``through (i)''; (C) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and (D) by inserting after paragraph (7) the following: ``(8) Safety of frozen dessert truck patrons.--In each fiscal year, 1 percent of the funds provided under this section shall be allocated among States that adopt and implement laws to increase the safety of frozen dessert truck patrons (as described in subsection (i)). ''; and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(B) Stop signal arm.-- ``(i) In general.--A stop signal arm-- ``(I) that can be extended horizontally from the left side of the frozen dessert truck; ``(II) when extended-- ``(aa) the side nearest the frozen dessert truck of which shall be-- ``(AA) 7.25 inches long; and ``(BB) parallel to the side of the frozen dessert truck; ``(bb) the side farthest from the frozen dessert truck of which shall be-- ``(AA) 18 inches long; and ``(BB) parallel to the side nearest the frozen dessert truck; ``(cc) the 2 sides of which shall be 18 inches apart, creating a symmetrical, trapezoidal shape; and ``(dd) the bottom of which shall be approximately 42 inches above the street; ``(III) the outside corners of which-- ``(aa) when extended, feature 2 alternately flashing red lights, each of which shall be-- ``(AA) not less than 3, and not more than 5, inches in diameter; and ``(BB) visible at a distance of not less than 300 feet, to the front and rear of the frozen dessert truck, in normal sunlight on a straight, level highway; and ``(bb) are rounded to conform to the shape of the lights described in item (aa); and ``(IV) both sides of which shall feature-- ``(aa) a red, reflectorized background; and ``(bb) a legend described in clause (ii). ``(ii) Description of legend.--A legend referred to in clause (i)(IV)(bb) is a legend in which-- ``(I) the word `STOP' appears in 6- inch-high white letters, not to exceed 4 inches in length, in the middle of the stop signal arm; ``(II) above the word `STOP', the phrase `IF SAFE' appears in 2-inch-high white letters, not to exceed 1.75 inches in length; ``(III) below the word `STOP', the phrase `THEN GO' appears in 2-inch-high white letters, not to exceed 1.75 inches in length; and ``(IV) the colors (including the colors of the background) conform to the requirements described in the Manual on Uniform Traffic Control Devices for Streets and Highways published by the Federal Highway Administration. ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. ''; and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. ''; and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. ''; and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. ''; and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. ''; and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

To amend title 23, United States Code, to improve the safety of children purchasing food items from frozen dessert trucks. This Act may be cited as the ``Tristan's Law''. and (2) by adding at the end the following: ``(i) Safety of Frozen Dessert Truck Patrons.-- ``(1) Definition of frozen dessert truck.--In this subsection, the term `frozen dessert truck' means a motor vehicle in which 1 or more frozen desserts (within the meaning of part 135 of title 21, Code of Federal Regulations (or successor regulations)) are carried on the highway for purposes of retail sale from a door or window of the motor vehicle to an individual consumer at any location. ``(2) General authority.--Subject to the requirements of this subsection, the Secretary shall award grants to States for the purpose of establishing and implementing laws (including regulations) that require frozen dessert trucks to be equipped as described in paragraph (3). ``(C) Mirror.--A convex mirror mounted on the front of the frozen dessert truck in a manner that ensures that the operator of the frozen dessert truck, when sitting in a normal operating seating position, is capable of seeing the area in front of the frozen dessert truck that, absent the mirror, would be obscured by the hood of the frozen dessert truck. ``(4) Grant amount.--The allocation of grant funds to a State under this subsection for a fiscal year shall be in proportion to the apportionment of the State under section 402 for fiscal year 2009. ``(B) Countermeasures for states.--Based on the results of the study under subparagraph (A), the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue guidance for State highway safety officers relating to methods of improving the safety of frozen dessert trucks and frozen dessert truck patrons. ``(C) Report.--The Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study under subparagraph (A).''.

H.R.2022

Immigration

Asylum Abuse Reduction Act This bill places restrictions on aliens seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the alien and has concluded that the alien (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an alien arriving at a port of entry may apply for asylum and an immigration officer there typically will give the alien a credible fear interview.) Furthermore, an alien who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the alien has applied for and been denied asylum or protection in that third country, (2) the alien was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of alien minors detained for immigration-related purposes) shall not apply.

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asylum Abuse Reduction Act''. SEC. 2. ASYLUM INTERVIEWS. (a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. (b) Credible Fear Screenings.--An alien described in subsection (a) may only be permitted to enter the United States to apply for asylum if an asylum officer stationed at a United States embassy or consulate-- (1) has conducted an in-person or telephonic interview with the alien; and (2) as a result of such interview, has concluded that the alien-- (A)(i) has been persecuted in the alien's country of nationality on account of the alien's race, religion, nationality, membership in a particular social group, or political opinion; (ii) has a credible fear of persecution (as defined in section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B))) if the alien returned to such country; or (iii) would be subject to torture by a government or public official acting under the color of law if the alien returned to his or her country of nationality; and (B) is otherwise eligible for asylum under section 208(a) of that Act (8 U.S.C. 1158(a)). SEC. 3. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(ii) Exceptions.--Clause (i) shall not apply if-- ``(I)(aa) the alien demonstrates that he or she applied for protection from persecution or torture in one or more countries (other than the country of citizenship, nationality, or last lawful habitual residence of the alien) through which the alien transited on the way to the United States; and ``(bb) the alien received a final judgment denying the alien protection in such country; ``(II) the alien demonstrates that he or she is or has been subject to a severe form of trafficking in persons; or ``(III) the one or more countries through which the alien transited on the way to the United States were not, at the time of the transit, parties to-- ``(aa) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or ``(bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. SEC. 4. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). (b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) that has been in existence 90 days or more shall constitute prima facie evidence of probable cause to issue a warrant under subsection (a). SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS SUBJECT TO DETENTION. The stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores settlement agreement''), shall not apply to the detention and custody of aliens subject to detention in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). <all>

Asylum Abuse Reduction Act

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes.

Asylum Abuse Reduction Act

Rep. Hern, Kevin

R

OK

This bill places restrictions on aliens seeking asylum and contains provisions related to immigration enforcement. Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the alien and has concluded that the alien (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an alien arriving at a port of entry may apply for asylum and an immigration officer there typically will give the alien a credible fear interview.) Furthermore, an alien who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the alien has applied for and been denied asylum or protection in that third country, (2) the alien was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees. Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause. Under this bill, the Flores agreement (a lawsuit settlement which imposes various requirements relating to the treatment of alien minors detained for immigration-related purposes) shall not apply.

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asylum Abuse Reduction Act''. ASYLUM INTERVIEWS. (a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. 1158(a)). 3. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. ``(ii) Exceptions.--Clause (i) shall not apply if-- ``(I)(aa) the alien demonstrates that he or she applied for protection from persecution or torture in one or more countries (other than the country of citizenship, nationality, or last lawful habitual residence of the alien) through which the alien transited on the way to the United States; and ``(bb) the alien received a final judgment denying the alien protection in such country; ``(II) the alien demonstrates that he or she is or has been subject to a severe form of trafficking in persons; or ``(III) the one or more countries through which the alien transited on the way to the United States were not, at the time of the transit, parties to-- ``(aa) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or ``(bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. 4. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). 1101 et seq.) that has been in existence 90 days or more shall constitute prima facie evidence of probable cause to issue a warrant under subsection (a). SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS SUBJECT TO DETENTION.

SHORT TITLE. This Act may be cited as the ``Asylum Abuse Reduction Act''. ASYLUM INTERVIEWS. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. 1158(a)). 3. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. ``(ii) Exceptions.--Clause (i) shall not apply if-- ``(I)(aa) the alien demonstrates that he or she applied for protection from persecution or torture in one or more countries (other than the country of citizenship, nationality, or last lawful habitual residence of the alien) through which the alien transited on the way to the United States; and ``(bb) the alien received a final judgment denying the alien protection in such country; ``(II) the alien demonstrates that he or she is or has been subject to a severe form of trafficking in persons; or ``(III) the one or more countries through which the alien transited on the way to the United States were not, at the time of the transit, parties to-- ``(aa) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or ``(bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. 4. CRIMINAL BENCH WARRANTS. 1101 et seq.) that has been in existence 90 days or more shall constitute prima facie evidence of probable cause to issue a warrant under subsection (a). SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS SUBJECT TO DETENTION.

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asylum Abuse Reduction Act''. ASYLUM INTERVIEWS. (a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. 1225(b)(1)(B))) if the alien returned to such country; or (iii) would be subject to torture by a government or public official acting under the color of law if the alien returned to his or her country of nationality; and (B) is otherwise eligible for asylum under section 208(a) of that Act (8 U.S.C. 1158(a)). 3. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(ii) Exceptions.--Clause (i) shall not apply if-- ``(I)(aa) the alien demonstrates that he or she applied for protection from persecution or torture in one or more countries (other than the country of citizenship, nationality, or last lawful habitual residence of the alien) through which the alien transited on the way to the United States; and ``(bb) the alien received a final judgment denying the alien protection in such country; ``(II) the alien demonstrates that he or she is or has been subject to a severe form of trafficking in persons; or ``(III) the one or more countries through which the alien transited on the way to the United States were not, at the time of the transit, parties to-- ``(aa) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or ``(bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. 4. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). (b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) that has been in existence 90 days or more shall constitute prima facie evidence of probable cause to issue a warrant under subsection (a). SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS SUBJECT TO DETENTION. The stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores settlement agreement''), shall not apply to the detention and custody of aliens subject to detention in the United States under the Immigration and Nationality Act (8 U.S.C.

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asylum Abuse Reduction Act''. SEC. 2. ASYLUM INTERVIEWS. (a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. (b) Credible Fear Screenings.--An alien described in subsection (a) may only be permitted to enter the United States to apply for asylum if an asylum officer stationed at a United States embassy or consulate-- (1) has conducted an in-person or telephonic interview with the alien; and (2) as a result of such interview, has concluded that the alien-- (A)(i) has been persecuted in the alien's country of nationality on account of the alien's race, religion, nationality, membership in a particular social group, or political opinion; (ii) has a credible fear of persecution (as defined in section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B))) if the alien returned to such country; or (iii) would be subject to torture by a government or public official acting under the color of law if the alien returned to his or her country of nationality; and (B) is otherwise eligible for asylum under section 208(a) of that Act (8 U.S.C. 1158(a)). SEC. 3. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(ii) Exceptions.--Clause (i) shall not apply if-- ``(I)(aa) the alien demonstrates that he or she applied for protection from persecution or torture in one or more countries (other than the country of citizenship, nationality, or last lawful habitual residence of the alien) through which the alien transited on the way to the United States; and ``(bb) the alien received a final judgment denying the alien protection in such country; ``(II) the alien demonstrates that he or she is or has been subject to a severe form of trafficking in persons; or ``(III) the one or more countries through which the alien transited on the way to the United States were not, at the time of the transit, parties to-- ``(aa) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or ``(bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. SEC. 4. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). (b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) that has been in existence 90 days or more shall constitute prima facie evidence of probable cause to issue a warrant under subsection (a). SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS SUBJECT TO DETENTION. The stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores settlement agreement''), shall not apply to the detention and custody of aliens subject to detention in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). <all>

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ( 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ( 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ( 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ( 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. ( 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). ( b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)

H.R.4342

Taxation

Guaranteed Income Pilot Program Act of 2021 This bill directs the Department of Health and Human Services (HHS) to establish and implement a three-year pilot program to provide a guaranteed monthly income to individual taxpayers between the ages of 18-65. HHS must consult with the Internal Revenue Service and certain nonpartisan and nonprofit agencies or academic institutions with expertise in social science experimentation to develop and award income subsidies to eligible taxpayers and to conduct a study on the outcomes of the program.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Income Pilot Program Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Too many Americans cannot achieve financial stability due to income volatility, the rising cost of living, wage stagnation, and a lack of affordable housing. (2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. (3) Income volatility, defined as an annual income fluctuation of 25 percent or more, impacts nearly half of the United States population. (4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. There are significant disparities based on race and ethnicity: While only 38 percent of White households report difficulty meeting an unexpected $400 expense, the same is true for more than half of Black and Latinx households. (5) Full-time minimum wage earners cannot afford an average 2-bedroom apartment anywhere in the United States. (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. SEC. 3. GUARANTEED INCOME PILOT PROGRAM. (a) In General.--The Secretary, in consultation with the Commissioner of Internal Revenue, shall establish and implement a 3- year pilot program (hereinafter referred to as the ``program'') to provide a guaranteed monthly income to certain eligible individuals in accordance with this section. (b) Income Subsidy.-- (1) Selection of participating eligible individuals.--The Secretary, in consultation with the Commissioner and the external partner selected pursuant to subsection (d), shall develop selection criteria that the Secretary will use to select 12,000 total eligible individuals for participation in the program. (2) Amount of income subsidy.--Of the eligible individuals participating in the program, 6,000 shall receive a cash payment each month equal to the fair market rent for a 2- bedroom home in the zip code in which the eligible individual resides, or a substantially similar amount as determined by the Secretary, in consultation with the Commissioner and the external partner. (3) Monthly distribution of income subsidy.--Each participating eligible individual shall receive the cash payment on the 15th day of each month. (c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. (d) External Partner.-- (1) Selection.--The Secretary shall select an external partner to provide assistance with the design, administration, and evaluation of the program. (2) Qualifications.--An organization selected to be the external partner shall have demonstrated experience in-- (A) mixed-methods experimental design; and (B) implementing cash-transfer programs. (3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. (4) Data collection.--The external partner shall collect data from participating eligible individuals as necessary to complete the study and reports required under section 4, and to conduct any additional research as the Secretary determines necessary. (e) Disregard of Cash Payments for Purposes of All Federal and Federally Assisted Programs.--Notwithstanding any other provision of law, any payment made to participating eligible individuals under this section shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such eligible individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or any State or local program financed in whole or in part with Federal funds. SEC. 4. STUDY AND REPORT. (a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. (b) Interim Report.--Not later than 24 months after participating eligible individuals have been begun participating in the program, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide an interim report on the program under section 3 to the Congress. (c) Final Report.--Not later than 12 months after the conclusion of the program under section 3, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide a final report on the program to the Congress, including an analysis of-- (1) the effect of the monthly income subsidy provided in section 3 on-- (A) micro-economic outcomes of participating eligible individuals; (B) the health of participating eligible individuals; (C) the social costs of income volatility, including connections with income fluctuation and health, education, employment, childcare, and other outcomes as determined appropriate by the Secretary; and (2) the feasibility of expanding the program under section 3 to include a larger number of participants. SEC. 5. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. (2) Eligible individual.--The term ``eligible individual'' means an individual taxpayer between the ages of 18-65. (3) External partner.--The term ``external partner'' means a non-partisan research agency or a non-profit academic institution with expertise in social science experimentation. (4) Fair market rent.--The term ``fair market rent'' means the applicable fair market rent established under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)). (5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025. <all>

Guaranteed Income Pilot Program Act of 2021

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes.

Guaranteed Income Pilot Program Act of 2021

Rep. Watson Coleman, Bonnie

D

NJ

This bill directs the Department of Health and Human Services (HHS) to establish and implement a three-year pilot program to provide a guaranteed monthly income to individual taxpayers between the ages of 18-65. HHS must consult with the Internal Revenue Service and certain nonpartisan and nonprofit agencies or academic institutions with expertise in social science experimentation to develop and award income subsidies to eligible taxpayers and to conduct a study on the outcomes of the program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. FINDINGS. (2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. There are significant disparities based on race and ethnicity: While only 38 percent of White households report difficulty meeting an unexpected $400 expense, the same is true for more than half of Black and Latinx households. (5) Full-time minimum wage earners cannot afford an average 2-bedroom apartment anywhere in the United States. (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. 3. GUARANTEED INCOME PILOT PROGRAM. (3) Monthly distribution of income subsidy.--Each participating eligible individual shall receive the cash payment on the 15th day of each month. (d) External Partner.-- (1) Selection.--The Secretary shall select an external partner to provide assistance with the design, administration, and evaluation of the program. (2) Qualifications.--An organization selected to be the external partner shall have demonstrated experience in-- (A) mixed-methods experimental design; and (B) implementing cash-transfer programs. (4) Data collection.--The external partner shall collect data from participating eligible individuals as necessary to complete the study and reports required under section 4, and to conduct any additional research as the Secretary determines necessary. (e) Disregard of Cash Payments for Purposes of All Federal and Federally Assisted Programs.--Notwithstanding any other provision of law, any payment made to participating eligible individuals under this section shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such eligible individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or any State or local program financed in whole or in part with Federal funds. 4. STUDY AND REPORT. 5. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. (2) Eligible individual.--The term ``eligible individual'' means an individual taxpayer between the ages of 18-65. (3) External partner.--The term ``external partner'' means a non-partisan research agency or a non-profit academic institution with expertise in social science experimentation. (4) Fair market rent.--The term ``fair market rent'' means the applicable fair market rent established under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

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) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. There are significant disparities based on race and ethnicity: While only 38 percent of White households report difficulty meeting an unexpected $400 expense, the same is true for more than half of Black and Latinx households. (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. 3. GUARANTEED INCOME PILOT PROGRAM. (3) Monthly distribution of income subsidy.--Each participating eligible individual shall receive the cash payment on the 15th day of each month. (d) External Partner.-- (1) Selection.--The Secretary shall select an external partner to provide assistance with the design, administration, and evaluation of the program. (e) Disregard of Cash Payments for Purposes of All Federal and Federally Assisted Programs.--Notwithstanding any other provision of law, any payment made to participating eligible individuals under this section shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such eligible individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or any State or local program financed in whole or in part with Federal funds. 4. STUDY AND REPORT. 5. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. (2) Eligible individual.--The term ``eligible individual'' means an individual taxpayer between the ages of 18-65. (4) Fair market rent.--The term ``fair market rent'' means the applicable fair market rent established under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Income Pilot Program Act of 2021''. FINDINGS. Congress finds the following: (1) Too many Americans cannot achieve financial stability due to income volatility, the rising cost of living, wage stagnation, and a lack of affordable housing. (2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. (3) Income volatility, defined as an annual income fluctuation of 25 percent or more, impacts nearly half of the United States population. (4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. There are significant disparities based on race and ethnicity: While only 38 percent of White households report difficulty meeting an unexpected $400 expense, the same is true for more than half of Black and Latinx households. (5) Full-time minimum wage earners cannot afford an average 2-bedroom apartment anywhere in the United States. (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. 3. GUARANTEED INCOME PILOT PROGRAM. (3) Monthly distribution of income subsidy.--Each participating eligible individual shall receive the cash payment on the 15th day of each month. (d) External Partner.-- (1) Selection.--The Secretary shall select an external partner to provide assistance with the design, administration, and evaluation of the program. (2) Qualifications.--An organization selected to be the external partner shall have demonstrated experience in-- (A) mixed-methods experimental design; and (B) implementing cash-transfer programs. (3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. (4) Data collection.--The external partner shall collect data from participating eligible individuals as necessary to complete the study and reports required under section 4, and to conduct any additional research as the Secretary determines necessary. (e) Disregard of Cash Payments for Purposes of All Federal and Federally Assisted Programs.--Notwithstanding any other provision of law, any payment made to participating eligible individuals under this section shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such eligible individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or any State or local program financed in whole or in part with Federal funds. 4. STUDY AND REPORT. (c) Final Report.--Not later than 12 months after the conclusion of the program under section 3, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide a final report on the program to the Congress, including an analysis of-- (1) the effect of the monthly income subsidy provided in section 3 on-- (A) micro-economic outcomes of participating eligible individuals; (B) the health of participating eligible individuals; (C) the social costs of income volatility, including connections with income fluctuation and health, education, employment, childcare, and other outcomes as determined appropriate by the Secretary; and (2) the feasibility of expanding the program under section 3 to include a larger number of participants. 5. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. (2) Eligible individual.--The term ``eligible individual'' means an individual taxpayer between the ages of 18-65. (3) External partner.--The term ``external partner'' means a non-partisan research agency or a non-profit academic institution with expertise in social science experimentation. (4) Fair market rent.--The term ``fair market rent'' means the applicable fair market rent established under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Guaranteed Income Pilot Program Act of 2021''. FINDINGS. Congress finds the following: (1) Too many Americans cannot achieve financial stability due to income volatility, the rising cost of living, wage stagnation, and a lack of affordable housing. (2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. (3) Income volatility, defined as an annual income fluctuation of 25 percent or more, impacts nearly half of the United States population. (4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. There are significant disparities based on race and ethnicity: While only 38 percent of White households report difficulty meeting an unexpected $400 expense, the same is true for more than half of Black and Latinx households. (5) Full-time minimum wage earners cannot afford an average 2-bedroom apartment anywhere in the United States. (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. 3. GUARANTEED INCOME PILOT PROGRAM. (a) In General.--The Secretary, in consultation with the Commissioner of Internal Revenue, shall establish and implement a 3- year pilot program (hereinafter referred to as the ``program'') to provide a guaranteed monthly income to certain eligible individuals in accordance with this section. (b) Income Subsidy.-- (1) Selection of participating eligible individuals.--The Secretary, in consultation with the Commissioner and the external partner selected pursuant to subsection (d), shall develop selection criteria that the Secretary will use to select 12,000 total eligible individuals for participation in the program. (2) Amount of income subsidy.--Of the eligible individuals participating in the program, 6,000 shall receive a cash payment each month equal to the fair market rent for a 2- bedroom home in the zip code in which the eligible individual resides, or a substantially similar amount as determined by the Secretary, in consultation with the Commissioner and the external partner. (3) Monthly distribution of income subsidy.--Each participating eligible individual shall receive the cash payment on the 15th day of each month. (c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. (d) External Partner.-- (1) Selection.--The Secretary shall select an external partner to provide assistance with the design, administration, and evaluation of the program. (2) Qualifications.--An organization selected to be the external partner shall have demonstrated experience in-- (A) mixed-methods experimental design; and (B) implementing cash-transfer programs. (3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. (4) Data collection.--The external partner shall collect data from participating eligible individuals as necessary to complete the study and reports required under section 4, and to conduct any additional research as the Secretary determines necessary. (e) Disregard of Cash Payments for Purposes of All Federal and Federally Assisted Programs.--Notwithstanding any other provision of law, any payment made to participating eligible individuals under this section shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such eligible individual (or any other individual) for benefits or assistance (or the amount or extent of benefits or assistance) under any Federal program or any State or local program financed in whole or in part with Federal funds. 4. STUDY AND REPORT. (b) Interim Report.--Not later than 24 months after participating eligible individuals have been begun participating in the program, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide an interim report on the program under section 3 to the Congress. (c) Final Report.--Not later than 12 months after the conclusion of the program under section 3, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide a final report on the program to the Congress, including an analysis of-- (1) the effect of the monthly income subsidy provided in section 3 on-- (A) micro-economic outcomes of participating eligible individuals; (B) the health of participating eligible individuals; (C) the social costs of income volatility, including connections with income fluctuation and health, education, employment, childcare, and other outcomes as determined appropriate by the Secretary; and (2) the feasibility of expanding the program under section 3 to include a larger number of participants. 5. DEFINITIONS. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. (2) Eligible individual.--The term ``eligible individual'' means an individual taxpayer between the ages of 18-65. (3) External partner.--The term ``external partner'' means a non-partisan research agency or a non-profit academic institution with expertise in social science experimentation. (4) Fair market rent.--The term ``fair market rent'' means the applicable fair market rent established under section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. ( (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. a) In General.--The Secretary, in consultation with the Commissioner of Internal Revenue, shall establish and implement a 3- year pilot program (hereinafter referred to as the ``program'') to provide a guaranteed monthly income to certain eligible individuals in accordance with this section. ( (c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( 3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. ( a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( b) Interim Report.--Not later than 24 months after participating eligible individuals have been begun participating in the program, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide an interim report on the program under section 3 to the Congress. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. 6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. (2) Amount of income subsidy.--Of the eligible individuals participating in the program, 6,000 shall receive a cash payment each month equal to the fair market rent for a 2- bedroom home in the zip code in which the eligible individual resides, or a substantially similar amount as determined by the Secretary, in consultation with the Commissioner and the external partner. ( c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( (a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. 6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. (2) Amount of income subsidy.--Of the eligible individuals participating in the program, 6,000 shall receive a cash payment each month equal to the fair market rent for a 2- bedroom home in the zip code in which the eligible individual resides, or a substantially similar amount as determined by the Secretary, in consultation with the Commissioner and the external partner. ( c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( (a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. ( (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. a) In General.--The Secretary, in consultation with the Commissioner of Internal Revenue, shall establish and implement a 3- year pilot program (hereinafter referred to as the ``program'') to provide a guaranteed monthly income to certain eligible individuals in accordance with this section. ( (c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( 3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. ( a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( b) Interim Report.--Not later than 24 months after participating eligible individuals have been begun participating in the program, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide an interim report on the program under section 3 to the Congress. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. 6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. (2) Amount of income subsidy.--Of the eligible individuals participating in the program, 6,000 shall receive a cash payment each month equal to the fair market rent for a 2- bedroom home in the zip code in which the eligible individual resides, or a substantially similar amount as determined by the Secretary, in consultation with the Commissioner and the external partner. ( c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( (a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. ( (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. a) In General.--The Secretary, in consultation with the Commissioner of Internal Revenue, shall establish and implement a 3- year pilot program (hereinafter referred to as the ``program'') to provide a guaranteed monthly income to certain eligible individuals in accordance with this section. ( (c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( 3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. ( a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( b) Interim Report.--Not later than 24 months after participating eligible individuals have been begun participating in the program, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide an interim report on the program under section 3 to the Congress. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. 6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. (2) Amount of income subsidy.--Of the eligible individuals participating in the program, 6,000 shall receive a cash payment each month equal to the fair market rent for a 2- bedroom home in the zip code in which the eligible individual resides, or a substantially similar amount as determined by the Secretary, in consultation with the Commissioner and the external partner. ( c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( (a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. ( (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. a) In General.--The Secretary, in consultation with the Commissioner of Internal Revenue, shall establish and implement a 3- year pilot program (hereinafter referred to as the ``program'') to provide a guaranteed monthly income to certain eligible individuals in accordance with this section. ( (c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( 3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. ( a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( b) Interim Report.--Not later than 24 months after participating eligible individuals have been begun participating in the program, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide an interim report on the program under section 3 to the Congress. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 4) Thirty-six percent of American households indicate that they would face difficulty covering a $400 emergency expense with readily available cash or a checking account. 6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. (2) Amount of income subsidy.--Of the eligible individuals participating in the program, 6,000 shall receive a cash payment each month equal to the fair market rent for a 2- bedroom home in the zip code in which the eligible individual resides, or a substantially similar amount as determined by the Secretary, in consultation with the Commissioner and the external partner. ( c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( (a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.

To establish a pilot program providing certain individuals with a guaranteed monthly income, to study the effect of a guaranteed monthly income on such individuals, and for other purposes. 2) Real wages have failed to keep pace with inflation, meaning the purchasing power of American households has not changed in 40 years. ( (6) The changing nature of the economy, including the rise of the gig economy, unemployment risks posed by automation, and the fluctuating nature of waged labor, will result in increased income volatility and prohibit upward economic mobility. a) In General.--The Secretary, in consultation with the Commissioner of Internal Revenue, shall establish and implement a 3- year pilot program (hereinafter referred to as the ``program'') to provide a guaranteed monthly income to certain eligible individuals in accordance with this section. ( (c) Responsibilities of Commissioner of Internal Revenue.--The Commissioner of Internal Revenue shall be responsible for-- (1) providing the Secretary access to tax records to administer and study the program under this section; (2) updating the Secretary and the external partner on changes to the taxable income of a participating eligible individual. ( 3) Confidentiality.--The external partner, and any employee of the external partner, shall be treated as a Federal employee for purposes of section 6103 of the Internal Revenue Code of 1986. ( a) Study on Pilot Program.--The Secretary, in collaboration with the Commissioner and the external partner, shall conduct a study on outcomes of the program. ( b) Interim Report.--Not later than 24 months after participating eligible individuals have been begun participating in the program, the Secretary, in consultation with the Commissioner of Internal Revenue and the external partner, shall provide an interim report on the program under section 3 to the Congress. In this Act: (1) Commissioner.--The term ``Commissioner'' means the Commissioner of the Internal Revenue Service. ( 5) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. There is authorized to be appropriated to carry out this Act $285,000,000 for each of the fiscal years 2022 through 2025.

S.4926

Crime and Law Enforcement

Respect for Child Survivors Act This bill requires the Federal Bureau of Investigation (FBI) to use a multidisciplinary approach with any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking. The FBI must also use a trained child adolescent forensic interviewer in these investigations if practicable and consistent with applicable federal law. In implementing a multidisciplinary approach, the bill requires the FBI to use and coordinate with multidisciplinary teams based at children's advocacy centers.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. 6270]] Public Law 117-354 117th Congress An Act To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. <<NOTE: Jan. 5, 2023 - [S. 4926]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Respect for Child Survivors Act.>> SECTION 1. <<NOTE: 28 USC 1 note.>> SHORT TITLE. This Act may be cited as the ``Respect for Child Survivors Act''. SEC. 2. MULTIDISCIPLINARY TEAMS. (a) Amendment.--Chapter 33 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 540D. <<NOTE: 28 USC 540D.>> Multidisciplinary teams ``(a) Definitions.--In this section-- ``(1) the term `child sexual abuse material' means a visual depiction described in section 2256(8)(A) of title 18; ``(2) the term `covered investigation' means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; ``(3) the term `Director' means the Director of the Federal Bureau of Investigation; ``(4) the term `multidisciplinary team' means a multidisciplinary team established or used under subsection (b)(2); ``(5) the term `relevant children's advocacy center personnel' means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children's advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and ``(6) the term `victim advocate' means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. 6271]] ``(B) in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(4) Report.--The Director shall submit to the Attorney General an annual report identifying any interview of a victim reporting child sexual abuse material or child trafficking that took place-- ``(A) without the use of-- ``(i) a multidisciplinary approach; ``(ii) a trained forensic interviewer; or ``(iii) either the use of a multidisciplinary approach or a trained forensic interviewer; and ``(B) for each interview identified under subparagraph (A), describing the exigent circumstances that existed with respect to the interview, in accordance with paragraph (1). ``(5) Memoranda of understanding.--The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for children's advocacy centers-- ``(A) under which-- ``(i) the children's advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and ``(ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and ``(B) which shall reflect a trauma-informed, victim- centered approach and provide for case review. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team [[Page 136 STAT. 6272]] is used, and other appropriate personnel regarding a covered investigation. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(4) To carry out other duties regarding the response to investigations of child sexual abuse or trafficking. ``(d) Personnel.-- ``(1) In general.--Each multidisciplinary team shall be composed of the following: ``(A) Appropriate investigative personnel. ``(B) Appropriate mental health professionals. ``(C) Appropriate medical personnel. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(2) Expertise and training.-- ``(A) In general.--Any individual assigned to a multidisciplinary team shall possess such expertise, and shall undertake such training as is required to maintain such expertise, in order to ensure that members of the team remain appropriately qualified to carry out the functions of the team under this section. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and [[Page 136 STAT. 6273]] ``(viii) any other information required for a children's advocacy centers as a part of the standards of practice of the children's advocacy center; and ``(C) Exempt information.--The case information described in subparagraph (A) does not include-- ``(i) classified information; ``(ii) the identity of confidential informants; or ``(iii) other investigative information not included as a part of the standards of practice of the children's advocacy center. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation may provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(B) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(g) Case Review by Multidisciplinary Team.--Throughout a covered investigation, a multidisciplinary team supporting an investigation under this section shall, at regularly scheduled times, convene to-- ``(1) share information about case progress; ``(2) address any investigative or prosecutorial barriers; and ``(3) ensure that victims receive support and needed treatment. ``(h) Availability of Advocates.--The Director shall make advocates available to each victim who reports child sexual abuse or child trafficking in connection with an investigation by the Federal Bureau of Investigation. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. ``(2) Protecting investigations.--Nothing in this section shall be construed to limit the legal obligations of the Director under any other provision of law, including section 552a of title 5 (commonly known as the `Privacy Act of 1974'), or require the sharing of classified information with unauthorized persons.''. [[Page 136 STAT. 6274]] (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, <<NOTE: 28 USC prec. 531.>> is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''. SEC. 3. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. The Victims of Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended-- (1) in section 211 (34 U.S.C. 20301)-- (A) in paragraph (1)-- (i) by striking ``3,300,000'' and inserting ``3,400,000''; and (ii) by striking ``, and drug abuse is associated with a significant portion of these''; (B) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9), respectively; (C) by inserting afer paragraph (2) the following: ``(3) a key to a child victim healing from abuse is access to supportive and healthy families and communities;''; and (D) in paragraph (9)(B), as so redesignated, by inserting ``, and operations of centers'' before the period at the end; (2) in section 212 (34 U.S.C. 20302)-- (A) in paragraph (5), by inserting ``coordinated team'' before ``response''; and (B) in paragraph (8), by inserting ``organizational capacity'' before ``support''; (3) in section 213 (34 U.S.C. 20303)-- (A) in subsection (a)-- (i) in the heading, by inserting ``and Maintenance'' after ``Establishment''; (ii) in the matter preceding paragraph (1)-- (I) by striking ``, in coordination with the Director of the Office of Victims of Crime,''; and (II) by inserting ``and maintain'' after ``establish''; (iii) in paragraph (3)-- (I) by striking ``and victim advocates'' and inserting ``victim advocates, multidisciplinary team leadership, and children's advocacy center staff''; and (II) by striking ``and'' at the end; (iv) by redesignating paragraph (4) as paragraph (5); (v) by inserting after paragraph (3) the following: ``(4) provide technical assistance, training, coordination, and organizational capacity support for State chapters; and''; and (vi) in paragraph (5), as so redesignated, by striking ``and oversight to'' and inserting ``organizational capacity support, and oversight of''; (B) in subsection (b)-- (i) in paragraph (1)-- (I) in subparagraph (A), by inserting ``and maintain'' after ``establish''; and (II) in the matter following subparagraph (B), by striking ``and technical assistance to aid communities in establishing'' and inserting ``training and [[Page 136 STAT. 6275]] technical assistance to aid communities in establishing and maintaining''; and (ii) in paragraph (2)-- (I) in subparagraph (A)-- (aa) in clause (ii), by inserting ``Center'' after ``Advocacy''; and (bb) in clause (iii), by striking ``of, assessment of, and intervention in'' and inserting ``and intervention in child''; and (II) in subparagraph (B), by striking ``centers and interested communities'' and inserting ``centers, interested communities, and chapters''; and (C) in subsection (c)-- (i) in paragraph (2)-- (I) in subparagraph (B), by striking ``evaluation, intervention, evidence gathering, and counseling'' and inserting ``investigation and intervention in child abuse''; and (II) in subparagraph (E), by striking ``judicial handling of child abuse and neglect'' and inserting ``multidisciplinary response to child abuse''; (ii) in paragraph (3)(A)(i), by striking ``so that communities can establish multidisciplinary programs that respond to child abuse'' and inserting ``and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State''; (iii) in paragraph (4)(B)-- (I) in clause (iii), by striking ``and'' at the end; (II) in by redesignating clause (iv) as clause (v); and (III) by inserting after clause (iii) the following: ``(iv) best result in supporting chapters in each State; and''; and (iv) in paragraph (6), by inserting ``under this Act'' after ``recipients''; (4) in section 214 (34 U.S.C. 20304)-- (A) by striking subsection (a) and inserting the following: ``(a) <<NOTE: Grants.>> In General.--The Administrator shall make grants to-- ``(1) establish and maintain a network of care for child abuse victims where investigation, prosecutions, and interventions are continually occurring and coordinating activities within local children's advocacy centers and multidisciplinary teams; ``(2) develop, enhance, and coordinate multidisciplinary child abuse investigations, intervention, and prosecution activities; ``(3) promote the effective delivery of the evidence-based, trauma-informed Children's Advocacy Center Model and the multidisciplinary response to child abuse; and ``(4) <<NOTE: Standards.>> develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children's [[Page 136 STAT. 6276]] advocacy center organizational capacity and operations in order to meet such practice standards and best practices.''; (B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ``(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services. ``(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services. ``(G) <<NOTE: Coordination.>> Coordination of each step of the investigation process to eliminate duplicative forensic interviews with a child victim. ``(H) <<NOTE: Designation.>> Designation of a director for the children's advocacy center. ``(I) <<NOTE: Designation.>> Designation of a multidisciplinary team coordinator. ``(J) Assignment of a volunteer or staff advocate to each child in order to assist the child and, when appropriate, the child's family, throughout each step of intervention and judicial proceedings. ``(K) <<NOTE: Coordination.>> Coordination with State chapters to assist and provide oversight, and organizational capacity that supports local children's advocacy centers, multidisciplinary teams, and communities working to implement a multidisciplinary response to child abuse in the provision of evidence- informed initiatives, including mental health counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ``(L) <<NOTE: Criteria. Regulations.>> Such other criteria as the Administrator shall establish by regulation.''; and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy.''; (5) in section 214A (34 U.S.C. 20305)-- (A) in subsection (a)-- [[Page 136 STAT. 6277]] (i) in paragraph (1), by striking ``attorneys and other allied'' and inserting ``prosecutors and other attorneys and allied''; and (ii) in paragraph (2)(B), by inserting ``Center'' after ``Advocacy''; and (B) in subsection (b)(1), by striking subparagraph (A) and inserting the following: ``(A) a significant connection to prosecutors who handle child abuse cases in State courts, such as a membership organization or support service providers; and''; and (6) by striking 214B (34 U.S.C. 20306) and inserting the following: ``SEC. 214B. <<NOTE: Time period. 34 USC 20306.>> AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2022 through 2028.''. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 4926: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 168 (2022): Dec. 13, considered and passed Senate. Dec. 21, considered and passed House. <all>

Respect for Child Survivors Act

A bill to amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation.

Respect for Child Survivors Act Respect for Child Survivors Act

Sen. Cornyn, John

R

TX

This bill requires the Federal Bureau of Investigation (FBI) to use a multidisciplinary approach with any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking. The FBI must also use a trained child adolescent forensic interviewer in these investigations if practicable and consistent with applicable federal law. In implementing a multidisciplinary approach, the bill requires the FBI to use and coordinate with multidisciplinary teams based at children's advocacy centers.

<<NOTE: 28 USC 1 note.>> SHORT TITLE. 2. MULTIDISCIPLINARY TEAMS. 540D. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. [[Page 136 STAT. 3. is amended-- (1) in section 211 (34 U.S.C. 6275]] technical assistance to aid communities in establishing and maintaining''; and (ii) in paragraph (2)-- (I) in subparagraph (A)-- (aa) in clause (ii), by inserting ``Center'' after ``Advocacy''; and (bb) in clause (iii), by striking ``of, assessment of, and intervention in'' and inserting ``and intervention in child''; and (II) in subparagraph (B), by striking ``centers and interested communities'' and inserting ``centers, interested communities, and chapters''; and (C) in subsection (c)-- (i) in paragraph (2)-- (I) in subparagraph (B), by striking ``evaluation, intervention, evidence gathering, and counseling'' and inserting ``investigation and intervention in child abuse''; and (II) in subparagraph (E), by striking ``judicial handling of child abuse and neglect'' and inserting ``multidisciplinary response to child abuse''; (ii) in paragraph (3)(A)(i), by striking ``so that communities can establish multidisciplinary programs that respond to child abuse'' and inserting ``and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State''; (iii) in paragraph (4)(B)-- (I) in clause (iii), by striking ``and'' at the end; (II) in by redesignating clause (iv) as clause (v); and (III) by inserting after clause (iii) the following: ``(iv) best result in supporting chapters in each State; and''; and (iv) in paragraph (6), by inserting ``under this Act'' after ``recipients''; (4) in section 214 (34 U.S.C. 6276]] advocacy center organizational capacity and operations in order to meet such practice standards and best practices. ``(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services. ``(I) <<NOTE: Designation.>> Designation of a multidisciplinary team coordinator. 20306) and inserting the following: ``SEC. 214B. ``There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2022 through 2028.''. Approved January 5, 2023. Dec. 21, considered and passed House.

<<NOTE: 28 USC 1 note.>> SHORT TITLE. 2. MULTIDISCIPLINARY TEAMS. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. [[Page 136 STAT. 3. is amended-- (1) in section 211 (34 U.S.C. 6275]] technical assistance to aid communities in establishing and maintaining''; and (ii) in paragraph (2)-- (I) in subparagraph (A)-- (aa) in clause (ii), by inserting ``Center'' after ``Advocacy''; and (bb) in clause (iii), by striking ``of, assessment of, and intervention in'' and inserting ``and intervention in child''; and (II) in subparagraph (B), by striking ``centers and interested communities'' and inserting ``centers, interested communities, and chapters''; and (C) in subsection (c)-- (i) in paragraph (2)-- (I) in subparagraph (B), by striking ``evaluation, intervention, evidence gathering, and counseling'' and inserting ``investigation and intervention in child abuse''; and (II) in subparagraph (E), by striking ``judicial handling of child abuse and neglect'' and inserting ``multidisciplinary response to child abuse''; (ii) in paragraph (3)(A)(i), by striking ``so that communities can establish multidisciplinary programs that respond to child abuse'' and inserting ``and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State''; (iii) in paragraph (4)(B)-- (I) in clause (iii), by striking ``and'' at the end; (II) in by redesignating clause (iv) as clause (v); and (III) by inserting after clause (iii) the following: ``(iv) best result in supporting chapters in each State; and''; and (iv) in paragraph (6), by inserting ``under this Act'' after ``recipients''; (4) in section 214 (34 U.S.C. 20306) and inserting the following: ``SEC. Approved January 5, 2023.

6270]] Public Law 117-354 117th Congress An Act To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. <<NOTE: 28 USC 1 note.>> SHORT TITLE. 2. MULTIDISCIPLINARY TEAMS. 540D. 6271]] ``(B) in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation may provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. [[Page 136 STAT. 3. 20301 et seq.) is amended-- (1) in section 211 (34 U.S.C. 6275]] technical assistance to aid communities in establishing and maintaining''; and (ii) in paragraph (2)-- (I) in subparagraph (A)-- (aa) in clause (ii), by inserting ``Center'' after ``Advocacy''; and (bb) in clause (iii), by striking ``of, assessment of, and intervention in'' and inserting ``and intervention in child''; and (II) in subparagraph (B), by striking ``centers and interested communities'' and inserting ``centers, interested communities, and chapters''; and (C) in subsection (c)-- (i) in paragraph (2)-- (I) in subparagraph (B), by striking ``evaluation, intervention, evidence gathering, and counseling'' and inserting ``investigation and intervention in child abuse''; and (II) in subparagraph (E), by striking ``judicial handling of child abuse and neglect'' and inserting ``multidisciplinary response to child abuse''; (ii) in paragraph (3)(A)(i), by striking ``so that communities can establish multidisciplinary programs that respond to child abuse'' and inserting ``and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State''; (iii) in paragraph (4)(B)-- (I) in clause (iii), by striking ``and'' at the end; (II) in by redesignating clause (iv) as clause (v); and (III) by inserting after clause (iii) the following: ``(iv) best result in supporting chapters in each State; and''; and (iv) in paragraph (6), by inserting ``under this Act'' after ``recipients''; (4) in section 214 (34 U.S.C. 6276]] advocacy center organizational capacity and operations in order to meet such practice standards and best practices. ``(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services. ``(I) <<NOTE: Designation.>> Designation of a multidisciplinary team coordinator. Regulations.>> Such other criteria as the Administrator shall establish by regulation. 20306) and inserting the following: ``SEC. 214B. <<NOTE: Time period. ``There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2022 through 2028.''. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 4926: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Dec. 21, considered and passed House.

6270]] Public Law 117-354 117th Congress An Act To amend chapter 33 of title 28, United States Code, to require appropriate use of multidisciplinary teams for investigations of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation. <<NOTE: 28 USC 1 note.>> SHORT TITLE. 2. MULTIDISCIPLINARY TEAMS. 540D. <<NOTE: 28 USC 540D.>> Multidisciplinary teams ``(a) Definitions.--In this section-- ``(1) the term `child sexual abuse material' means a visual depiction described in section 2256(8)(A) of title 18; ``(2) the term `covered investigation' means any investigation of child sexual exploitation or abuse, the production of child sexual abuse material, or child trafficking conducted by the Federal Bureau of Investigation; ``(3) the term `Director' means the Director of the Federal Bureau of Investigation; ``(4) the term `multidisciplinary team' means a multidisciplinary team established or used under subsection (b)(2); ``(5) the term `relevant children's advocacy center personnel' means children's advocacy center staff that regularly participate in multidisciplinary child support settings, including the director of the children's advocacy center, the coordinator of a multidisciplinary team, forensic interviewers, victim advocates, forensic medical evaluators, physicians, sexual assault nurse examiners, and mental health clinicians; and ``(6) the term `victim advocate' means a person, whether paid or serving as a volunteer, who provides services to victims under the auspices or supervision of a victim services program. 6271]] ``(B) in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(2) Use and coordination.--The Director shall use and coordinate with children's advocacy center-based multidisciplinary teams as necessary to carry out paragraph (1). ``(5) Memoranda of understanding.--The Director shall seek to enter into a memorandum of understanding with a reputable national accrediting organization for children's advocacy centers-- ``(A) under which-- ``(i) the children's advocacy services of the national organization are made available to field offices of the Federal Bureau of Investigation in the United States; and ``(ii) special agents and other employees of the Federal Bureau of Investigation are made aware of the existence of such memoranda and its purposes; and ``(B) which shall reflect a trauma-informed, victim- centered approach and provide for case review. ``(3) To enhance the social services available to victims in connection with a covered investigation, including through the enhancement of cooperation among specialists and other personnel providing such services in connection with a covered investigation. ``(B) Appropriate mental health professionals. ``(D) Victim advocates or victim specialists. ``(E) Relevant children's advocacy center personnel, with respect to covered investigations in which the children's advocacy center or personnel of the children's advocacy center were used in the course of the covered investigation. ``(F) Prosecutors, as appropriate. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(2) Sharing information with fbi.--Children's advocacy centers shall provide the Federal Bureau of Investigation with forensic interview recordings and documentation, medical reports, and other case information on Federal Bureau of Investigation-related cases. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation may provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. [[Page 136 STAT. 3. 20301 et seq.) is amended-- (1) in section 211 (34 U.S.C. 6275]] technical assistance to aid communities in establishing and maintaining''; and (ii) in paragraph (2)-- (I) in subparagraph (A)-- (aa) in clause (ii), by inserting ``Center'' after ``Advocacy''; and (bb) in clause (iii), by striking ``of, assessment of, and intervention in'' and inserting ``and intervention in child''; and (II) in subparagraph (B), by striking ``centers and interested communities'' and inserting ``centers, interested communities, and chapters''; and (C) in subsection (c)-- (i) in paragraph (2)-- (I) in subparagraph (B), by striking ``evaluation, intervention, evidence gathering, and counseling'' and inserting ``investigation and intervention in child abuse''; and (II) in subparagraph (E), by striking ``judicial handling of child abuse and neglect'' and inserting ``multidisciplinary response to child abuse''; (ii) in paragraph (3)(A)(i), by striking ``so that communities can establish multidisciplinary programs that respond to child abuse'' and inserting ``and chapters so that communities can establish and maintain multidisciplinary programs that respond to child abuse and chapters can establish and maintain children's advocacy centers in their State''; (iii) in paragraph (4)(B)-- (I) in clause (iii), by striking ``and'' at the end; (II) in by redesignating clause (iv) as clause (v); and (III) by inserting after clause (iii) the following: ``(iv) best result in supporting chapters in each State; and''; and (iv) in paragraph (6), by inserting ``under this Act'' after ``recipients''; (4) in section 214 (34 U.S.C. 6276]] advocacy center organizational capacity and operations in order to meet such practice standards and best practices. ``(E) Provision of needed follow up services such as medical care, mental healthcare, and victims advocacy services. ``(I) <<NOTE: Designation.>> Designation of a multidisciplinary team coordinator. Regulations.>> Such other criteria as the Administrator shall establish by regulation. 20306) and inserting the following: ``SEC. 214B. <<NOTE: Time period. ``There are authorized to be appropriated to carry out sections 213, 214, and 214A, $40,000,000 for each of fiscal years 2022 through 2028.''. Approved January 5, 2023. LEGISLATIVE HISTORY--S. 4926: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. Dec. 21, considered and passed House.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4926]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Respect for Child Survivors Act. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. 6271]] ``(B) in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team [[Page 136 STAT. ``(B) Appropriate mental health professionals. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and [[Page 136 STAT. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation may provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(B) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. >> is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. 20304)-- (A) by striking subsection (a) and inserting the following: ``(a) <<NOTE: Grants. B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ``(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services. >> Designation of a director for the children's advocacy center. ``(K) <<NOTE: Coordination. ''; and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 168 (2022): Dec. 13, considered and passed Senate.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4926]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Respect for Child Survivors Act. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and [[Page 136 STAT. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. 6274]] (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, <<NOTE: 28 USC prec. >> develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children's [[Page 136 STAT. 6276]] advocacy center organizational capacity and operations in order to meet such practice standards and best practices. ''; (B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ``(H) <<NOTE: Designation. and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 5) in section 214A (34 U.S.C. 20305)-- (A) in subsection (a)-- [[Page 136 STAT. 168 (2022): Dec. 13, considered and passed Senate.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4926]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Respect for Child Survivors Act. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and [[Page 136 STAT. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. 6274]] (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, <<NOTE: 28 USC prec. >> develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children's [[Page 136 STAT. 6276]] advocacy center organizational capacity and operations in order to meet such practice standards and best practices. ''; (B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ``(H) <<NOTE: Designation. and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 5) in section 214A (34 U.S.C. 20305)-- (A) in subsection (a)-- [[Page 136 STAT. 168 (2022): Dec. 13, considered and passed Senate.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4926]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Respect for Child Survivors Act. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. 6271]] ``(B) in accordance with paragraph (3), use-- ``(i) a trained Federal Bureau of Investigation child adolescent forensic interviewer; or ``(ii) in the absence of a trained Federal Bureau of Investigation child adolescent forensic interviewer, a trained forensic interviewer at a children's advocacy center. ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(2) To provide for and enhance collaborative efforts among the members of a multidisciplinary team, when such a team [[Page 136 STAT. ``(B) Appropriate mental health professionals. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and [[Page 136 STAT. ``(3) Security clearances.-- ``(A) In general.--The Federal Bureau of Investigation may provide security clearances to relevant children's advocacy center personnel for purposes of case review by multidisciplinary teams, if it is determined that those personnel are eligible and possess a need-to-know specific classified information to perform or assist in a lawful and authorized government function. ``(B) Authorization of appropriations.--There is authorized to be appropriated such sums as are necessary to carry out subparagraph (A). ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. >> is amended by inserting after the item relating to section 540C the following: ``540D. Multidisciplinary teams.''. IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES. 20304)-- (A) by striking subsection (a) and inserting the following: ``(a) <<NOTE: Grants. B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ``(F) A requirement that, to the extent practicable, all interviews and meetings with a child victim occur at the children's advocacy center or an agency with which there is a linkage agreement regarding the delivery of multidisciplinary child abuse investigation, prosecution, and intervention services. >> Designation of a director for the children's advocacy center. ``(K) <<NOTE: Coordination. ''; and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 168 (2022): Dec. 13, considered and passed Senate.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. <<NOTE: Jan. 5, 2023 - [S. 4926]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE: Respect for Child Survivors Act. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. ``(3) Children's advocacy centers.--The Director-- ``(A) may work with children's advocacy centers to implement a multidisciplinary team approaches for purposes of covered investigations; and ``(B) shall allow, facilitate, and encourage multidisciplinary teams to collaborate with a children's advocacy center with regard to availability, provision, and use of services to and by victims and families that are participants in or affected by the actions at issue in a covered investigation. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(B) Appropriate mental health professionals. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(B) Included information.--The case information described in subparagraph (A) to which relevant children's advocacy center personnel shall be granted access includes-- ``(i) case outcome of forensic interviews; ``(ii) medical evaluation outcomes; ``(iii) mental health treatment referrals and treatment completion; ``(iv) safety planning and child protection issues; ``(v) victim service needs and referrals addressed by the victim advocate; ``(vi) case disposition; ``(vii) case outcomes; and [[Page 136 STAT. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. ``(i) Rules of Construction.-- ``(1) Investigative authority.--Nothing in this section shall be construed to augment any existing investigative authority of the Federal Bureau of Investigation or to expand the jurisdiction of any Federal law enforcement agency. 6274]] (b) Technical and Conforming Amendment.--The table of sections for chapter 33 of title 28, United States Code, <<NOTE: 28 USC prec. >> develop and disseminate practice standards for care and best practices in programmatic evaluation, and support State chapter organizational capacity and local children's [[Page 136 STAT. 6276]] advocacy center organizational capacity and operations in order to meet such practice standards and best practices. ''; (B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ``(H) <<NOTE: Designation. and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 5) in section 214A (34 U.S.C. 20305)-- (A) in subsection (a)-- [[Page 136 STAT. 168 (2022): Dec. 13, considered and passed Senate.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ''; and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 168 (2022): Dec. 13, considered and passed Senate.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ''; and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 168 (2022): Dec. 13, considered and passed Senate.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. ``(e) Sharing of Information.-- ``(1) Access to information.-- ``(A) In general.--Subject to subparagraphs (B) and (C), relevant children's advocacy center personnel who are assigned to work on a covered investigation under this section shall be granted access to the case information necessary to perform their role conducting forensic interviews and providing mental health treatment, medical care, and victim advocacy for Federal Bureau of Investigation cases. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse.

[117th Congress Public Law 354] [From the U.S. Government Publishing Office] [[Page 6269]] RESPECT FOR CHILD SURVIVORS ACT [[Page 136 STAT. ``(b) FBI Victim Support Requirements.-- ``(1) In general.--To carry out the functions described in subsection (c) in connection with each covered investigation conducted by the Federal Bureau of Investigation, the Director shall, unless unavailable or otherwise inconsistent with applicable Federal law-- ``(A) use a multidisciplinary team; and [[Page 136 STAT. ``(c) Functions.--The functions described in this subsection are the following: ``(1) To provide for the sharing of information among the members of a multidisciplinary team, when such a team is used, and with other appropriate personnel regarding the progress of a covered investigation by the Federal Bureau of Investigation. ``(B) Requirement.--The training and expertise required under subparagraph (A) shall include training and expertise on special victims' crimes, including child sexual abuse. ``(f) Use of Teams.--Multidisciplinary teams used under this section shall be made available to victims reporting child sexual abuse or child trafficking in covered investigations, regardless of the age of the victim making the report. B) in subsection (b), by striking ``, in coordination with the Director of the Office of Victims of Crime,''; (C) in subsection (c)(2)-- (i) in subparagraph (C), by inserting ``to the greatest extent practicable, but in no case later than 72 hours,'' after ``hours''; and (ii) by striking subparagraphs (D) through (I) and inserting the following: ``(D) Forensic interviews of child victims by trained personnel that are used by law enforcement, health, and child protective service agencies to interview suspected abuse victims about allegations of abuse. ''; and (D) by striking subsection (f) and inserting the following: ``(f) Grants to State Chapters for Assistance to Local Children's Advocacy Centers.--In awarding grants under this section, the Administrator shall ensure that a portion of the grants is distributed to State chapters to enable State chapters to provide oversight, training, and technical assistance to local centers on evidence-informed initiatives including mental health, counseling, forensic interviewing, multidisciplinary team coordination, and victim advocacy. ''; ( 168 (2022): Dec. 13, considered and passed Senate.

S.2962

Energy

Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act or the COMPETES Act This bill revises the process of leasing public land for oil and gas development. For example, it requires the Bureau of Land Management (BLM) to issue all onshore oil and gas leasing through a competitive bidding process. Further, the BLM must ensure the receipt by the United States of fair market value for any land or resources leased and any rights covered by the United States.

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act'' or the ``COMPETES Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States that the Secretary of the Interior shall not issue onshore oil and gas leases except through a competitive bidding process. SEC. 3. ELIMINATION OF NONCOMPETITIVE LEASING UNDER THE MINERAL LEASING ACT. (a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States.''; (2) in subsection (b)-- (A) in paragraph (1)(A)-- (i) in the first sentence, by striking ``paragraphs (2) and (3) of this subsection'' and inserting ``paragraph (2)''; and (ii) by striking the last sentence; and (B) by striking paragraph (3); (3) by striking subsection (c) and inserting the following: ``(c) Additional Rounds of Competitive Bidding.--Land made available for leasing under subsection (b)(1) for which no bid is accepted or received, or the land for which a lease terminates, expires, is cancelled, or is relinquished, may be made available by the Secretary of the Interior for a new round of competitive bidding under that subsection.''; and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended-- (1) in subsection (d)(1), in the first sentence, by striking ``or section 17(c) of this Act''; (2) in subsection (e)-- (A) in paragraph (2)-- (i) by striking ``either''; and (ii) by striking ``or the inclusion'' and all that follows through ``, all''; and (B) in paragraph (3)-- (i) in subparagraph (A), by adding ``and'' after the semicolon; (ii) by striking subparagraph (B); and (iii) by striking ``(3)(A) payment'' and inserting the following: ``(3) payment''; (3) in subsection (g)-- (A) in paragraph (1), by striking ``as a competitive'' and all that follows through ``of this Act'' and inserting ``in the same manner as the original lease issued pursuant to section 17''; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (2) (as so redesignated), by striking ``applicable to leases issued under subsection 17(c) of this Act (30 U.S.C. 226(c)) except,'' and inserting ``except''; (4) in subsection (h), by striking ``subsections (d) and (f) of this section'' and inserting ``subsection (d)''; (5) in subsection (i), by striking ``(i)(1) In acting'' and all that follows through ``of this section'' in paragraph (2) and inserting the following: ``(i) Royalty Reduction in Reinstated Leases.--In acting on a petition for reinstatement pursuant to subsection (d)''; (6) by striking subsection (f); and (7) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively. <all>

COMPETES Act

A bill to amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes.

COMPETES Act Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act

Sen. Hickenlooper, John W.

D

CO

This bill revises the process of leasing public land for oil and gas development. For example, it requires the Bureau of Land Management (BLM) to issue all onshore oil and gas leasing through a competitive bidding process. Further, the BLM must ensure the receipt by the United States of fair market value for any land or resources leased and any rights covered by the United States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act'' or the ``COMPETES Act''. 2. STATEMENT OF POLICY. It is the policy of the United States that the Secretary of the Interior shall not issue onshore oil and gas leases except through a competitive bidding process. SEC. 3. ELIMINATION OF NONCOMPETITIVE LEASING UNDER THE MINERAL LEASING ACT. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended-- (1) in subsection (d)(1), in the first sentence, by striking ``or section 17(c) of this Act''; (2) in subsection (e)-- (A) in paragraph (2)-- (i) by striking ``either''; and (ii) by striking ``or the inclusion'' and all that follows through ``, all''; and (B) in paragraph (3)-- (i) in subparagraph (A), by adding ``and'' after the semicolon; (ii) by striking subparagraph (B); and (iii) by striking ``(3)(A) payment'' and inserting the following: ``(3) payment''; (3) in subsection (g)-- (A) in paragraph (1), by striking ``as a competitive'' and all that follows through ``of this Act'' and inserting ``in the same manner as the original lease issued pursuant to section 17''; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (2) (as so redesignated), by striking ``applicable to leases issued under subsection 17(c) of this Act (30 U.S.C. 226(c)) except,'' and inserting ``except''; (4) in subsection (h), by striking ``subsections (d) and (f) of this section'' and inserting ``subsection (d)''; (5) in subsection (i), by striking ``(i)(1) In acting'' and all that follows through ``of this section'' in paragraph (2) and inserting the following: ``(i) Royalty Reduction in Reinstated Leases.--In acting on a petition for reinstatement pursuant to subsection (d)''; (6) by striking subsection (f); and (7) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act'' or the ``COMPETES Act''. 2. It is the policy of the United States that the Secretary of the Interior shall not issue onshore oil and gas leases except through a competitive bidding process. SEC. 3. ELIMINATION OF NONCOMPETITIVE LEASING UNDER THE MINERAL LEASING ACT. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C. 226(c)) except,'' and inserting ``except''; (4) in subsection (h), by striking ``subsections (d) and (f) of this section'' and inserting ``subsection (d)''; (5) in subsection (i), by striking ``(i)(1) In acting'' and all that follows through ``of this section'' in paragraph (2) and inserting the following: ``(i) Royalty Reduction in Reinstated Leases.--In acting on a petition for reinstatement pursuant to subsection (d)''; (6) by striking subsection (f); and (7) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively.

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act'' or the ``COMPETES Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States that the Secretary of the Interior shall not issue onshore oil and gas leases except through a competitive bidding process. SEC. 3. ELIMINATION OF NONCOMPETITIVE LEASING UNDER THE MINERAL LEASING ACT. (a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States.''; (2) in subsection (b)-- (A) in paragraph (1)(A)-- (i) in the first sentence, by striking ``paragraphs (2) and (3) of this subsection'' and inserting ``paragraph (2)''; and (ii) by striking the last sentence; and (B) by striking paragraph (3); (3) by striking subsection (c) and inserting the following: ``(c) Additional Rounds of Competitive Bidding.--Land made available for leasing under subsection (b)(1) for which no bid is accepted or received, or the land for which a lease terminates, expires, is cancelled, or is relinquished, may be made available by the Secretary of the Interior for a new round of competitive bidding under that subsection.''; and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended-- (1) in subsection (d)(1), in the first sentence, by striking ``or section 17(c) of this Act''; (2) in subsection (e)-- (A) in paragraph (2)-- (i) by striking ``either''; and (ii) by striking ``or the inclusion'' and all that follows through ``, all''; and (B) in paragraph (3)-- (i) in subparagraph (A), by adding ``and'' after the semicolon; (ii) by striking subparagraph (B); and (iii) by striking ``(3)(A) payment'' and inserting the following: ``(3) payment''; (3) in subsection (g)-- (A) in paragraph (1), by striking ``as a competitive'' and all that follows through ``of this Act'' and inserting ``in the same manner as the original lease issued pursuant to section 17''; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (2) (as so redesignated), by striking ``applicable to leases issued under subsection 17(c) of this Act (30 U.S.C. 226(c)) except,'' and inserting ``except''; (4) in subsection (h), by striking ``subsections (d) and (f) of this section'' and inserting ``subsection (d)''; (5) in subsection (i), by striking ``(i)(1) In acting'' and all that follows through ``of this section'' in paragraph (2) and inserting the following: ``(i) Royalty Reduction in Reinstated Leases.--In acting on a petition for reinstatement pursuant to subsection (d)''; (6) by striking subsection (f); and (7) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively. <all>

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Competitive Onshore Mineral Policy via Eliminating Taxpayer-Enabled Speculation Act'' or the ``COMPETES Act''. SEC. 2. STATEMENT OF POLICY. It is the policy of the United States that the Secretary of the Interior shall not issue onshore oil and gas leases except through a competitive bidding process. SEC. 3. ELIMINATION OF NONCOMPETITIVE LEASING UNDER THE MINERAL LEASING ACT. (a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States.''; (2) in subsection (b)-- (A) in paragraph (1)(A)-- (i) in the first sentence, by striking ``paragraphs (2) and (3) of this subsection'' and inserting ``paragraph (2)''; and (ii) by striking the last sentence; and (B) by striking paragraph (3); (3) by striking subsection (c) and inserting the following: ``(c) Additional Rounds of Competitive Bidding.--Land made available for leasing under subsection (b)(1) for which no bid is accepted or received, or the land for which a lease terminates, expires, is cancelled, or is relinquished, may be made available by the Secretary of the Interior for a new round of competitive bidding under that subsection.''; and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C. 188) is amended-- (1) in subsection (d)(1), in the first sentence, by striking ``or section 17(c) of this Act''; (2) in subsection (e)-- (A) in paragraph (2)-- (i) by striking ``either''; and (ii) by striking ``or the inclusion'' and all that follows through ``, all''; and (B) in paragraph (3)-- (i) in subparagraph (A), by adding ``and'' after the semicolon; (ii) by striking subparagraph (B); and (iii) by striking ``(3)(A) payment'' and inserting the following: ``(3) payment''; (3) in subsection (g)-- (A) in paragraph (1), by striking ``as a competitive'' and all that follows through ``of this Act'' and inserting ``in the same manner as the original lease issued pursuant to section 17''; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (2) (as so redesignated), by striking ``applicable to leases issued under subsection 17(c) of this Act (30 U.S.C. 226(c)) except,'' and inserting ``except''; (4) in subsection (h), by striking ``subsections (d) and (f) of this section'' and inserting ``subsection (d)''; (5) in subsection (i), by striking ``(i)(1) In acting'' and all that follows through ``of this section'' in paragraph (2) and inserting the following: ``(i) Royalty Reduction in Reinstated Leases.--In acting on a petition for reinstatement pursuant to subsection (d)''; (6) by striking subsection (f); and (7) by redesignating subsections (g) through (j) as subsections (f) through (i), respectively. <all>

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. ( b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C.

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States. ''; ( ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States. ''; ( ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. ( b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C.

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States. ''; ( ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. ( b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C.

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States. ''; ( ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. ( b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C.

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. ``(2) Receipt of fair market value.--In conducting leasing activities under this Act, the Secretary shall ensure the receipt by the United States of fair market value for-- ``(A) any land or resources leased by the United States; and ``(B) any rights conveyed by the United States. ''; ( ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. (

To amend the Mineral Leasing Act to ensure market competition in onshore oil and gas leasing, and for other purposes. a) Oil and Gas Leasing.--Section 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Leasing Authority.-- ``(1) In general.--All land subject to disposition under this Act that is known or believed to contain oil or gas deposits may be leased by the Secretary. and (4) by striking subsection (e) and inserting the following: ``(e) Term of Lease.-- ``(1) In general.--Any lease issued under this section, including a lease for tar sand areas, shall be for a primary term of 10 years. ``(2) Continuation of lease.--A lease described in paragraph (1) shall continue after the primary term of the lease for any period during which oil or gas is produced in paying quantities. ``(3) Additional extensions.--Any lease issued under this section for land on which, or for which under an approved cooperative or unit plan of development or operation, actual drilling operations were commenced prior to the end of the primary term of the lease and are being diligently prosecuted at the time the primary term of the lease ends shall be extended for 2 years and for any period thereafter during which oil or gas is produced in paying quantities.''. ( b) Conforming Amendments.--Section 31 of the Mineral Leasing Act (30 U.S.C.

S.1667

Commerce

Social Media Privacy Protection and Consumer Rights Act of 2021 This bill requires online platform operators to inform a user, prior to a user creating an account or otherwise using the platform, that the user's personal data produced during online behavior will be collected and used by the operator and third parties. The operator must provide a user the option to specify privacy preferences, and an operator may deny certain services or complete access to a user if the user's privacy elections create inoperability in the platform. The operator must (1) offer a user a copy of the personal data of the user that the operator has processed, free of charge, and in an electronic format; and (2) notify a user within 72 hours of becoming aware that the user's data has been transmitted in violation of the security platform. A violation of the bill's privacy requirements shall be considered an unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission (FTC) may enforce this bill against common carriers regulated by the Federal Communications Commission under the Communications Act of 1934 and nonprofit organizations. Currently, common carriers regulated under that Act are exempt from the FTC's enforcement authority, and nonprofit organizations are subject to FTC enforcement only if they provide substantial economic benefit to their for-profit members. A state may bring a civil action in federal court regarding such violations.

To protect the privacy of users of social media and other online platforms. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Media Privacy Protection and Consumer Rights Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered online platform.--The term ``covered online platform'' means an online platform that collects personal data during the online behavior of a user of the online platform. (3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. (4) Online platform.--The term ``online platform''-- (A) means any public-facing website, web application, or digital application (including a mobile application); and (B) includes a social network, an ad network, a mobile operating system, a search engine, an email service, or an internet access service. (5) Operator.--The term ``operator'' has the meaning given the term in section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501). (6) Personal data.--The term ``personal data'' means individually identifiable information about an individual collected online, including-- (A) location information sufficient to identify the name of a street and a city or town, including a physical address; (B) an email address; (C) a telephone number; (D) a government identifier, such as a Social Security number; (E) geolocation information; (F) the content of a message; (G) protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations, or any successor regulation; and (H) nonpublic personal information, as defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). SEC. 3. PRIVACY PROTECTIONS. (a) Transparency and Terms of Service.-- (1) Disclosure and obtaining initial consent and privacy preferences.-- (A) In general.--Before a user creates an account with, or otherwise begins to use, a covered online platform, the operator of the online platform shall-- (i) inform the user that, unless the user makes an election under clause (ii)(II), personal data of the user produced during the online behavior of the user, whether on the online platform or otherwise, will be collected and used by the operator and third parties; and (ii) provide the user the option to specify the privacy preferences of the user, including by-- (I) agreeing to the terms of service for use of the online platform, including, except as provided in subclause (II), the collection and use of personal data described in clause (i); and (II) prohibiting, if the user so elects, the collection and use of personal data described in clause (i), subject to subparagraph (B). (B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. (D) Privacy or security program.--An operator of a covered online platform shall-- (i) establish and maintain a privacy or security program for the online platform; and (ii) publish a description of the privacy or security program that-- (I) details how the operator will use the personal data of a user of the online platform, including requirements for how the operator will address privacy risks associated with the development of new products and services; and (II) includes details of the access that employees and contractors of the operator have to the personal data of a user of the online platform, and internal policies for the use of that personal data. (2) New products; changes to privacy or security program.-- An operator of a covered online platform may not introduce a new product, or implement any material change to the privacy or security program of the online platform that overrides the privacy preferences of a user of the online platform, as specified under paragraph (1)(A)(ii), unless the operator has-- (A) informed the user that the new product or change will result in the collection and use of personal data described in paragraph (1)(A)(i), if that is the case; (B) provided the user the option under paragraph (1)(A)(ii); and (C) obtained affirmative express consent from the user to the introduction of the new product or the implementation of the change. (3) Withdrawal of consent.--An operator of a covered online platform shall ensure that-- (A) a user of the online platform is able to withdraw consent to the terms of service for use of the online platform, including the collection and use of personal data described in paragraph (1)(A)(i), as easily as the user is able to give such consent; and (B) except as otherwise required by law, no person is able to access the personal data of a user of the online platform later than 30 days after the date on which the user closes his or her account or otherwise terminates his or her use of the online platform. (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. (c) Violations of Privacy.-- (1) In general.--Not later than 72 hours after an operator of a covered online platform becomes aware that the personal data of a user of the online platform has been transmitted in violation of the privacy or security program of the online platform, including the privacy preferences specified by the user under subsection (a)(1)(A)(ii), the operator shall-- (A) notify the user of the transmission; (B) offer the user the option to elect to prohibit the operator from collecting and using the personal data of the user, subject to paragraph (2); (C) except as provided in paragraph (3), offer the user the option to have the operator-- (i) erase all personal data of the user tracked by the operator; and (ii) cease further dissemination of personal data of the user tracked by the operator; (D) offer the user a copy of the personal data of the user in accordance with subsection (b); and (E) offer the user the option to close his or her account or otherwise terminate his or her use of the online platform. (2) Consequence of prohibition of data collection.--If the election of a user under paragraph (1)(B) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (3) Public safety exception.--If the operator of a covered online platform, in good faith, believes that an emergency involving danger of death or serious physical injury to any individual requires disclosure without delay of specific personal data of a user of the online platform that relates to the emergency, the operator shall-- (A) retain the specific personal data; and (B) notify the proper authorities. (d) Compliance.--Not less frequently than once every 2 years, the operator of a covered online platform shall audit the privacy or security program of the online platform. (e) Safe Harbor.--Subsections (a), (b), and (c) shall not apply with respect to the development of privacy-enhancing technology by an operator of an online platform. SEC. 4. ENFORCEMENT. (a) Enforcement by Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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. (B) Privileges and immunities.--Except as provided in subparagraph (C), any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (C) Common carriers and nonprofit organizations.-- Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to-- (i) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) and Acts amendatory thereof and supplementary thereto; and (ii) organizations not organized to carry on business for their own profit or that of their members. (D) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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. (2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception.--If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) 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. (3) 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. (4) Action by federal trade commission.--If the Commission institutes a civil action or an administrative action with respect to a violation of section 3, the attorney general of a State may not, during the pendency of the 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. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision.--Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. SEC. 5. EFFECTIVE DATE. (a) In General.--This Act shall take effect 180 days after the date of enactment of this Act. (b) Applicability to Existing Users of Online Platforms.--An individual who becomes a user of a covered online platform before the effective date under subsection (a) shall be treated as if he or she had become a user of the online platform on that effective date. (c) No Retroactive Applicability.--This Act shall not apply to any conduct that occurred before the effective date under subsection (a). <all>

Social Media Privacy Protection and Consumer Rights Act of 2021

A bill to protect the privacy of users of social media and other online platforms.

Social Media Privacy Protection and Consumer Rights Act of 2021

Sen. Klobuchar, Amy

D

MN

This bill requires online platform operators to inform a user, prior to a user creating an account or otherwise using the platform, that the user's personal data produced during online behavior will be collected and used by the operator and third parties. The operator must provide a user the option to specify privacy preferences, and an operator may deny certain services or complete access to a user if the user's privacy elections create inoperability in the platform. The operator must (1) offer a user a copy of the personal data of the user that the operator has processed, free of charge, and in an electronic format; and (2) notify a user within 72 hours of becoming aware that the user's data has been transmitted in violation of the security platform. A violation of the bill's privacy requirements shall be considered an unfair or deceptive act or practice under the Federal Trade Commission Act. The Federal Trade Commission (FTC) may enforce this bill against common carriers regulated by the Federal Communications Commission under the Communications Act of 1934 and nonprofit organizations. Currently, common carriers regulated under that Act are exempt from the FTC's enforcement authority, and nonprofit organizations are subject to FTC enforcement only if they provide substantial economic benefit to their for-profit members. A state may bring a civil action in federal court regarding such violations.

SHORT TITLE. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered online platform.--The term ``covered online platform'' means an online platform that collects personal data during the online behavior of a user of the online platform. (3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. (5) Operator.--The term ``operator'' has the meaning given the term in section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 3. PRIVACY PROTECTIONS. (2) New products; changes to privacy or security program.-- An operator of a covered online platform may not introduce a new product, or implement any material change to the privacy or security program of the online platform that overrides the privacy preferences of a user of the online platform, as specified under paragraph (1)(A)(ii), unless the operator has-- (A) informed the user that the new product or change will result in the collection and use of personal data described in paragraph (1)(A)(i), if that is the case; (B) provided the user the option under paragraph (1)(A)(ii); and (C) obtained affirmative express consent from the user to the introduction of the new product or the implementation of the change. (3) Withdrawal of consent.--An operator of a covered online platform shall ensure that-- (A) a user of the online platform is able to withdraw consent to the terms of service for use of the online platform, including the collection and use of personal data described in paragraph (1)(A)(i), as easily as the user is able to give such consent; and (B) except as otherwise required by law, no person is able to access the personal data of a user of the online platform later than 30 days after the date on which the user closes his or her account or otherwise terminates his or her use of the online platform. 4. ENFORCEMENT. 57a(a)(1)(B)). 41 et seq.) (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. SEC. EFFECTIVE DATE.

SHORT TITLE. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered online platform.--The term ``covered online platform'' means an online platform that collects personal data during the online behavior of a user of the online platform. (3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. (5) Operator.--The term ``operator'' has the meaning given the term in section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 3. PRIVACY PROTECTIONS. (3) Withdrawal of consent.--An operator of a covered online platform shall ensure that-- (A) a user of the online platform is able to withdraw consent to the terms of service for use of the online platform, including the collection and use of personal data described in paragraph (1)(A)(i), as easily as the user is able to give such consent; and (B) except as otherwise required by law, no person is able to access the personal data of a user of the online platform later than 30 days after the date on which the user closes his or her account or otherwise terminates his or her use of the online platform. 4. ENFORCEMENT. 57a(a)(1)(B)). 41 et seq.) (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. SEC. EFFECTIVE DATE.

SHORT TITLE. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered online platform.--The term ``covered online platform'' means an online platform that collects personal data during the online behavior of a user of the online platform. (3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. (4) Online platform.--The term ``online platform''-- (A) means any public-facing website, web application, or digital application (including a mobile application); and (B) includes a social network, an ad network, a mobile operating system, a search engine, an email service, or an internet access service. (5) Operator.--The term ``operator'' has the meaning given the term in section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501). 6809). 3. PRIVACY PROTECTIONS. (B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (2) New products; changes to privacy or security program.-- An operator of a covered online platform may not introduce a new product, or implement any material change to the privacy or security program of the online platform that overrides the privacy preferences of a user of the online platform, as specified under paragraph (1)(A)(ii), unless the operator has-- (A) informed the user that the new product or change will result in the collection and use of personal data described in paragraph (1)(A)(i), if that is the case; (B) provided the user the option under paragraph (1)(A)(ii); and (C) obtained affirmative express consent from the user to the introduction of the new product or the implementation of the change. (3) Withdrawal of consent.--An operator of a covered online platform shall ensure that-- (A) a user of the online platform is able to withdraw consent to the terms of service for use of the online platform, including the collection and use of personal data described in paragraph (1)(A)(i), as easily as the user is able to give such consent; and (B) except as otherwise required by law, no person is able to access the personal data of a user of the online platform later than 30 days after the date on which the user closes his or her account or otherwise terminates his or her use of the online platform. 4. ENFORCEMENT. (a) Enforcement by Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 41 et seq.) and Acts amendatory thereof and supplementary thereto; and (ii) organizations not organized to carry on business for their own profit or that of their members. (D) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. SEC. EFFECTIVE DATE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Media Privacy Protection and Consumer Rights Act of 2021''. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered online platform.--The term ``covered online platform'' means an online platform that collects personal data during the online behavior of a user of the online platform. (3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. (4) Online platform.--The term ``online platform''-- (A) means any public-facing website, web application, or digital application (including a mobile application); and (B) includes a social network, an ad network, a mobile operating system, a search engine, an email service, or an internet access service. (5) Operator.--The term ``operator'' has the meaning given the term in section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501). (6) Personal data.--The term ``personal data'' means individually identifiable information about an individual collected online, including-- (A) location information sufficient to identify the name of a street and a city or town, including a physical address; (B) an email address; (C) a telephone number; (D) a government identifier, such as a Social Security number; (E) geolocation information; (F) the content of a message; (G) protected health information, as defined in section 160.103 of title 45, Code of Federal Regulations, or any successor regulation; and (H) nonpublic personal information, as defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809). 3. PRIVACY PROTECTIONS. (B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (2) New products; changes to privacy or security program.-- An operator of a covered online platform may not introduce a new product, or implement any material change to the privacy or security program of the online platform that overrides the privacy preferences of a user of the online platform, as specified under paragraph (1)(A)(ii), unless the operator has-- (A) informed the user that the new product or change will result in the collection and use of personal data described in paragraph (1)(A)(i), if that is the case; (B) provided the user the option under paragraph (1)(A)(ii); and (C) obtained affirmative express consent from the user to the introduction of the new product or the implementation of the change. (3) Withdrawal of consent.--An operator of a covered online platform shall ensure that-- (A) a user of the online platform is able to withdraw consent to the terms of service for use of the online platform, including the collection and use of personal data described in paragraph (1)(A)(i), as easily as the user is able to give such consent; and (B) except as otherwise required by law, no person is able to access the personal data of a user of the online platform later than 30 days after the date on which the user closes his or her account or otherwise terminates his or her use of the online platform. (3) Public safety exception.--If the operator of a covered online platform, in good faith, believes that an emergency involving danger of death or serious physical injury to any individual requires disclosure without delay of specific personal data of a user of the online platform that relates to the emergency, the operator shall-- (A) retain the specific personal data; and (B) notify the proper authorities. 4. ENFORCEMENT. (a) Enforcement by Commission.-- (1) Unfair or deceptive acts or practices.--A violation of section 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 41 et seq.) and Acts amendatory thereof and supplementary thereto; and (ii) organizations not organized to carry on business for their own profit or that of their members. (D) Authority preserved.--Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (ii) Contents.--The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (3) 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. (5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (6) Actions by other state officials.-- (A) In general.--In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. SEC. EFFECTIVE DATE.

To protect the privacy of users of social media and other online platforms. 3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. ( B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. ( (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. ( (2) Consequence of prohibition of data collection.--If the election of a user under paragraph (1)(B) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( e) Safe Harbor.--Subsections (a), (b), and (c) shall not apply with respect to the development of privacy-enhancing technology by an operator of an online platform. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) C) Common carriers and nonprofit organizations.-- Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to-- (i) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) (b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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. ( 2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. ( (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) 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. ( 3) 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. ( (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. ( b) Applicability to Existing Users of Online Platforms.--An individual who becomes a user of a covered online platform before the effective date under subsection (a) shall be treated as if he or she had become a user of the online platform on that effective date. (

To protect the privacy of users of social media and other online platforms. 3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. ( B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. ( 2) Consequence of prohibition of data collection.--If the election of a user under paragraph (1)(B) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( (d) Compliance.--Not less frequently than once every 2 years, the operator of a covered online platform shall audit the privacy or security program of the online platform. ( 2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) (b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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. ( 2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. ( (4) Action by federal trade commission.--If the Commission institutes a civil action or an administrative action with respect to a violation of section 3, the attorney general of a State may not, during the pendency of the 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. ( 5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (

To protect the privacy of users of social media and other online platforms. 3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. ( B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. ( 2) Consequence of prohibition of data collection.--If the election of a user under paragraph (1)(B) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( (d) Compliance.--Not less frequently than once every 2 years, the operator of a covered online platform shall audit the privacy or security program of the online platform. ( 2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) (b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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. ( 2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. ( (4) Action by federal trade commission.--If the Commission institutes a civil action or an administrative action with respect to a violation of section 3, the attorney general of a State may not, during the pendency of the 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. ( 5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (

To protect the privacy of users of social media and other online platforms. 3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. ( B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. (C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. ( (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. ( (2) Consequence of prohibition of data collection.--If the election of a user under paragraph (1)(B) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( e) Safe Harbor.--Subsections (a), (b), and (c) shall not apply with respect to the development of privacy-enhancing technology by an operator of an online platform. (2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) C) Common carriers and nonprofit organizations.-- Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act (15 U.S.C. 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to-- (i) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) (b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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. ( 2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. ( (B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) 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. ( 3) 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. ( (B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. ( b) Applicability to Existing Users of Online Platforms.--An individual who becomes a user of a covered online platform before the effective date under subsection (a) shall be treated as if he or she had become a user of the online platform on that effective date. (

To protect the privacy of users of social media and other online platforms. 3) Geolocation information.--The term ``geolocation information'' means, with respect to an individual, any information that is not the content of a communication, concerning the location of a wireless communication device that-- (A) in whole or in part, is generated by or derived from the operation of that device; and (B) could be used to determine or infer information regarding the location of the individual. ( B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. ( 2) Consequence of prohibition of data collection.--If the election of a user under paragraph (1)(B) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( (d) Compliance.--Not less frequently than once every 2 years, the operator of a covered online platform shall audit the privacy or security program of the online platform. ( 2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) (b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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. ( 2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. ( (4) Action by federal trade commission.--If the Commission institutes a civil action or an administrative action with respect to a violation of section 3, the attorney general of a State may not, during the pendency of the 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. ( 5) Venue; service of process.-- (A) Venue.--Any action brought under paragraph (1) may be brought in-- (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (

To protect the privacy of users of social media and other online platforms. C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. ( (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. ( ( 2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to-- (i) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) ( b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) 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. ( B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (

To protect the privacy of users of social media and other online platforms. B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( ( 2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) ( 2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. ( (

To protect the privacy of users of social media and other online platforms. C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. ( (b) Right to Access.--An operator of a covered online platform shall offer a user of the online platform a copy of the personal data of the user that the operator has processed, free of charge and in an electronic and easily accessible format, including a list of each person that received the personal data from the operator for business purposes, whether through sale or other means. ( ( 2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to-- (i) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) ( b) Enforcement by States.-- (1) Authorization.--Subject to paragraph (2), in any case in which the attorney general of a State has reason to believe, based on a legitimate consumer complaint, that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to section 3 in a practice that violates that section, 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) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) 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. ( B) Service of process.--In an action brought under paragraph (1), process may be served in any district in which the defendant-- (i) is an inhabitant; or (ii) may be found. (

To protect the privacy of users of social media and other online platforms. B) Consequence of prohibition of data collection.--If the election of a user under subparagraph (A)(ii)(II) creates inoperability in the online platform, the operator of the online platform may deny certain services or completely deny access to the user. ( ( 2) Powers of commission.-- (A) In general.--Except as provided in subparagraph (C), 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.) ( 2) Rights of federal trade commission.-- (A) Notice to federal trade commission.-- (i) In general.--Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action against a person subject to this Act. ( (

To protect the privacy of users of social media and other online platforms. C) Form of disclosure.--An operator of a covered online platform shall provide a user of the online platform with the terms of service for use of the online platform, including the collection and use of personal data described in subparagraph (A)(i), in a form that-- (i) is-- (I) easily accessible; (II) of reasonable length; and (III) clearly distinguishable from other matters; and (ii) uses language that is clear, concise, and well organized, and follows other best practices appropriate to the subject and intended audience. ( 44, 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to-- (i) common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.) ( B) Intervention by federal trade commission.--The Commission may-- (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) 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. (

H.R.3693

Armed Forces and National Security

Department of Veterans Affairs Continuing Professional Education Modernization Act or the VA CPE Modernization Act This bill modifies the program under which the Department of Veterans Affairs (VA) reimburses specified full-time health care professionals for continuing professional education expenses. Under current law, only board-certified physicians and dentists are eligible for such reimbursement. The bill expands the program to require reimbursement for various specified full-time health care professionals (e.g., registered nurses) and increases the amount available for a physician or dentist. Additionally, the bill removes the requirement that an individual be board-certified to receive reimbursement. The VA may adjust the amounts available based on inflation.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. SEC. 2. IMPROVEMENT TO REIMBURSEMENT OF CONTINUING PROFESSIONAL EDUCATION EXPENSES FOR HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Reimbursement.--Section 7411 of title 38, United States Code, is amended to read as follows: ``Sec. 7411. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. ``(2) With respect to an individual appointed to a position listed in section 7401(1) that is not covered by paragraph (1), not more than $2,000 per year. ``(3) With respect to an individual appointed to a position listed in section 7401(3), not more than $2,000 per year. ``(b) Adjustment.--The Secretary may from time to time adjust the dollar amounts specified in subsection (a) based upon inflation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''. <all>

VA CPE Modernization Act

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs.

Department of Veterans Affairs Continuing Professional Education Modernization Act VA CPE Modernization Act

Rep. Brownley, Julia

D

CA

This bill modifies the program under which the Department of Veterans Affairs (VA) reimburses specified full-time health care professionals for continuing professional education expenses. Under current law, only board-certified physicians and dentists are eligible for such reimbursement. The bill expands the program to require reimbursement for various specified full-time health care professionals (e.g., registered nurses) and increases the amount available for a physician or dentist. Additionally, the bill removes the requirement that an individual be board-certified to receive reimbursement. The VA may adjust the amounts available based on inflation.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. SEC. 2. IMPROVEMENT TO REIMBURSEMENT OF CONTINUING PROFESSIONAL EDUCATION EXPENSES FOR HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Reimbursement.--Section 7411 of title 38, United States Code, is amended to read as follows: ``Sec. 7411. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. ``(2) With respect to an individual appointed to a position listed in section 7401(1) that is not covered by paragraph (1), not more than $2,000 per year. ``(3) With respect to an individual appointed to a position listed in section 7401(3), not more than $2,000 per year. ``(b) Adjustment.--The Secretary may from time to time adjust the dollar amounts specified in subsection (a) based upon inflation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''. <all>

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. SEC. 2. IMPROVEMENT TO REIMBURSEMENT OF CONTINUING PROFESSIONAL EDUCATION EXPENSES FOR HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Reimbursement.--Section 7411 of title 38, United States Code, is amended to read as follows: ``Sec. 7411. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. ``(2) With respect to an individual appointed to a position listed in section 7401(1) that is not covered by paragraph (1), not more than $2,000 per year. ``(3) With respect to an individual appointed to a position listed in section 7401(3), not more than $2,000 per year. ``(b) Adjustment.--The Secretary may from time to time adjust the dollar amounts specified in subsection (a) based upon inflation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''. <all>

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. SEC. 2. IMPROVEMENT TO REIMBURSEMENT OF CONTINUING PROFESSIONAL EDUCATION EXPENSES FOR HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Reimbursement.--Section 7411 of title 38, United States Code, is amended to read as follows: ``Sec. 7411. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. ``(2) With respect to an individual appointed to a position listed in section 7401(1) that is not covered by paragraph (1), not more than $2,000 per year. ``(3) With respect to an individual appointed to a position listed in section 7401(3), not more than $2,000 per year. ``(b) Adjustment.--The Secretary may from time to time adjust the dollar amounts specified in subsection (a) based upon inflation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''. <all>

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. SEC. 2. IMPROVEMENT TO REIMBURSEMENT OF CONTINUING PROFESSIONAL EDUCATION EXPENSES FOR HEALTH CARE PROFESSIONALS OF DEPARTMENT OF VETERANS AFFAIRS. (a) Reimbursement.--Section 7411 of title 38, United States Code, is amended to read as follows: ``Sec. 7411. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. ``(2) With respect to an individual appointed to a position listed in section 7401(1) that is not covered by paragraph (1), not more than $2,000 per year. ``(3) With respect to an individual appointed to a position listed in section 7401(3), not more than $2,000 per year. ``(b) Adjustment.--The Secretary may from time to time adjust the dollar amounts specified in subsection (a) based upon inflation.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''. <all>

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. This Act may be cited as the ``Department of Veterans Affairs Continuing Professional Education Modernization Act'' or the ``VA CPE Modernization Act''. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year.

To amend title 38, United States Code, to improve the reimbursement of continuing professional education expenses for health care professionals of the Department of Veterans Affairs. Reimbursement of continuing professional education expenses ``(a) Reimbursement.--The Secretary shall reimburse a full-time health care professional of the Department for expenses incurred for continuing professional education in amounts as follows: ``(1) With respect to a physician or dentist appointed under section 7401(1) of this title, not more than $4,000 per year. (b) Clerical Amendment.--The table of sections at the beginning of chapter 74 of such title is amended by striking the item relating to section 7411 and inserting the following new item: ``7411. Reimbursement of continuing professional education expenses.''.

H.R.7430

Foreign Trade and International Finance

Protecting American Innovation Act This bill establishes certain limitations on modifying trade agreements, including those related to the TRIPS Agreement (i.e., the Agreement on Trade-Related Aspects of Intellectual Property Rights). The TRIPS Agreement contains obligations for World Trade Organization members to protect patents and other intellectual property rights. Specifically, the bill prohibits the President (or any U.S. official, employee, or agent) from negotiating or concluding any withdrawal, suspension, or modification to a trade agreement that adversely affects the rights of the United States or U.S. persons under a trade agreement with China or Russia. Additionally, the bill states that a TRIPS waiver to address the COVID-19 pandemic shall not take effect if (1) the President does not submit required reports from the Department of Commerce and the Department of Defense (DOD), (2) the Commerce report concludes that the TRIPS waiver will not result in an increase in global vaccine access, or (3) the DOD report concludes that the TRIPS waiver would adversely impact U.S. national security. Prior to entering into a negotiation with a trading partner concerning a suspension of or modification to a trade agreement, the bill requires (1) the U.S. Trade Representative to publish certain information in the Federal Register and allow for public comment, and (2) the President to provide written notice and consult with Congress. Further, the President shall not enter into any suspension of or modification to a trade agreement unless the President has complied with such consultation requirements and receives congressional approval.

To establish limitations on modifications to trade agreements, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Innovation Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Section 8 of article I of the United States Constitution provides Congress with authority over international trade. Congress has used that authority to approve a number of trade agreements, including the WTO Agreement. (2) Section 8 of article I of the United States Constitution provides Congress with authority to provide intellectual property protections in order to ``promote the progress of science and useful arts''. People in the United States rely on those protections to support jobs and continue the highly successful leadership of the United States with respect to innovation. (3) The United States may not withdraw or otherwise alter the rights and obligations for the United States arising from a congressionally approved trade agreement without the consent of Congress. (4) The United States is a global leader in containing and ending the COVID-19 pandemic. (5) Innovators in the United States successfully and rapidly brought to fruition vaccines that provide highly effective protection against COVID-19. At facilities across the United States, thousands of United States workers are working around the clock to manufacture COVID-19 vaccines, contributing to the rapid, global scale up of manufacturing that is expected to reach at least 10,000,000,000 doses by the end of 2021. (6) The United States is a founding member of the World Trade Organization. The United States has secured and supported critical commitments in the WTO for protection of intellectual property of United States persons and globally, including under the Trade-Related Aspects of Intellectual Property Rights Agreement or the TRIPS Agreement. (7) In implementing the Uruguay Round, Congress established under section 315 of the Uruguay Round Agreements Act (19 U.S.C. 3581) that it is the objective of the United States to ``accelerate the implementation'' of the TRIPS Agreement and to ``seek enactment and effective implementation by foreign countries of laws to protect and enforce intellectual property rights that supplement and strengthen the standards'' of the TRIPS Agreement. (8) Longstanding intellectual property protections are critical to efforts by the United States and the biopharmaceutical industry to develop and manufacture vaccines for both people in the United States and around the world. (9) The United States is committed to providing global access to COVID-19 vaccines. (10) In order to accelerate production and distribution of COVID-19 vaccines, biopharmaceutical manufacturers in the United States are collaborating at a scale that previously was unimaginable, including by entering into hundreds of voluntary manufacturing, production, and other partnerships around the world. (11) Manufacturing each of the COVID-19 vaccines involves highly specialized and unique infrastructure and equipment, as well as highly trained and experienced personnel. Manufacturing and distributing safe and effective COVID-19 vaccines on a global scale is incredibly challenging. Many experts on vaccine production and distribution are warning that waiving intellectual property protections will undermine the global response to the COVID-19 pandemic and compromise vaccine safety, including by disrupting the distribution of scarce raw materials for vaccines that existing vaccine makers with proven track records for delivering high-quality, safe, and effective vaccines need to continue their own production. (12) The United States Trade Representative announced without any consultation with Congress that the United States will support a waiver of intellectual property protections under the TRIPS Agreement for COVID-19 vaccines. That decision is not consistent with the intellectual property negotiating objectives of the United States set forth in section 315 of the Uruguay Round Agreements Act (19 U.S.C. 3581). (13) That waiver announcement created confusion, and raised concerns that a successful effort to suspend protections will weaken already strained supply chains and foster the proliferation of ineffective and potentially dangerous vaccines. (14) The Trade Representative has not explained how a waiver of the TRIPS Agreement will expand vaccine production and access, particularly considering that the major impediments to vaccination efforts include the following: (A) The difficulty in meeting the technical specifications of production and appropriately ensuring that finished vaccines are high-quality, safe, and effective. (B) The scarcity of raw materials for the vaccines. (C) Last-mile distribution and cold-chain storage. (D) Trade barriers to the free flow of inputs and finished products. (15) The Government of the People's Republic of China and the Government of the Russian Federation are engaged in large scale industrial espionage and technology theft of intellectual property of United States persons. The Department of Justice has issued indictments in connection with attempts sponsored by the Government of the People's Republic of China to steal United States vaccine research with respect to COVID-19. (16) The Government of the People's Republic of China and the Government of the Russian Federation are using their vaccines as part of diplomatic efforts that may be contrary to the national security interests of the United States. Vaccines for COVID-19 manufactured by persons in the People's Republic of China and the Russian Federation appear to be less efficacious than those manufactured by producers in the United States. The Academy of Military Science, the scientific arm of the military of the People's Republic of China, is sponsoring the principal effort by the People's Republic of China to develop its own mRNA vaccine. (17) At a hearing before the Committee on Finance of the Senate on May 12, 2021, the Trade Representative would not commit either-- (A) to ensure that any waiver of the TRIPS Agreement would exclude the People's Republic of China and the Russian Federation; or (B) to ensure that Congress has advance access to the negotiating proposals of the United States for any such waiver. (18) The innovative biopharmaceutical companies in the United States contribute more than $1,100,000,000,000 annually to the United States economy, and employ more than 500,000 workers making 1.4 times the average earnings in the United States, including 153,000 workers who do not have a college degree. (19) Waiving intellectual property protections, particularly of the mRNA technology platform in which the Defense Advanced Research Project Agency invested not less than $250,000,000, raises serious economic and national security concerns. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should continue to act as a global leader to help contain and end the COVID-19 pandemic at home and abroad; (2) innovators in the United States are already heroes for their breakthrough work in developing and producing COVID-19 vaccines; (3) it should be a priority of the global community, with the assistance of the United States, to efficiently and quickly manufacture and distribute COVID-19 vaccines around the world, and in particular to those countries that are most vulnerable; (4) current impediments to further vaccination efforts are due to-- (A) the technically difficult manufacturing requirements for vaccines; (B) the need to appropriately ensure that vaccines are high-quality, safe, and effective; (C) raw material constraints; and (D) difficulties in distribution; (5) intellectual property protections for COVID-19 vaccines have not impeded vaccination efforts for COVID-19; (6) intellectual property protections in fact help ensure the safe and efficient manufacturing of COVID-19 vaccines; (7) waiving intellectual property protections could lead to the production of substandard, ineffective, and potentially unsafe COVID-19 vaccines; (8) the Trade Representative must consult with Congress before taking a position on the current TRIPS Agreement waiver proposal before the WTO and any further proposals to waive or weaken intellectual property obligations under the TRIPS Agreement; (9) Congress and the people of the United States are entitled to comprehensive expert analysis regarding the implications of a waiver to the TRIPS Agreement for jobs, economic growth, public health, and national security in the United States; and (10) the United States must oppose any waiver to intellectual property obligations under the TRIPS Agreement for the response to the COVID-19 pandemic until those implications are fully analyzed. SEC. 4. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Ministerial change.--The term ``ministerial change'', with respect to a trade agreement, means a change to address a clerical, typographical, or grammatical error and does not include any change that would change the intended rights or obligations of a party to the trade agreement. (4) Official advisor.--The term ``official advisor'' means a person accredited by the Trade Representative on behalf of the President as an official adviser to the United States delegations to international conferences, meetings, and negotiating sessions relating to international trade negotiations, and who may attend any portion of those negotiations. (5) COVID-19 pandemic.--The term ``COVID-19 pandemic'' means the outbreak of novel coronavirus (COVID-19) that was declared by the World Health Organization on March 11, 2020, to be a pandemic. (6) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism, for purposes of-- (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or (D) any other provision of law. (7) Trade agreement.--The term ``trade agreement'' means any trade agreement to which the United States is a party that has been approved by Congress, including the TRIPS Agreement. (8) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (9) TRIPS agreement.--The term ``TRIPS Agreement'' means the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)). (10) TRIPS waiver.--The term ``TRIPS waiver'' means any waiver of an obligation imposed on members of the World Trade Organization under the TRIPS Agreement. (11) World trade organization; wto; wto agreement.--The terms ``World Trade Organization'', ``WTO'', and ``WTO Agreement'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). SEC. 5. PROHIBITION ON COMPROMISING UNITED STATES TRADING RIGHTS TO CHINA AND RUSSIA. (a) Prohibition on Withdrawal, Suspension, or Modification.-- (1) In general.--The President, and any official, employee, or agent of the United States, may not negotiate or conclude any withdrawal, suspension, or modification to a trade agreement that adversely affects, nullifies, or impairs the rights of the United States or United States persons under a trade agreement with respect to the People's Republic of China or the Russian Federation. (2) Discipline.--Any official, employee, or agent of the United States who violates subsection (a) shall be subject to appropriate discipline, as determined by the President, including suspension from duty without pay or removal from office. (3) Report on violations.--Immediately following any violation of subsection (a) by an official, employee, or agent of the United States, the President shall submit to the appropriate congressional committees a report setting forth a statement regarding the violation and a description of the actions taken with respect to the official, employee, or agent, as the case may be, including all relevant facts. (b) No Effect of Amendment or Modification to Agreement.--No amendment or other modification to a trade agreement, including a waiver of one or more provisions of the agreement, shall take effect with respect to the United States-- (1) if the amendment or modification adversely affects, nullifies, or impairs the benefits to the United States under the agreement with respect to the People's Republic of China or the Russian Federation, including with respect to intellectual property rights; or (2) if the President failed or refused to consult on the amendment or modification pursuant to sections 6 and 7. SEC. 6. LIMITATIONS AND ANALYSIS OF WAIVER OF OBLIGATIONS UNDER AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ADDRESSING THE COVID-19 PANDEMIC. (a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take effect with respect to the United States if-- (1) the President fails to submit the reports required under subsections (b) and (c)(2) pursuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an increase in global vaccine access; or (3) the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. (b) Interagency Public Health Report.-- (1) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Commerce, in consultation with the Trade Representative, the Secretary of Health and Human Services, the Commissioner of the Food and Drug Administration, and the Director of the Centers for Disease Control and Prevention shall submit to Congress a report assessing-- (A) how the TRIPS waiver would impact, during the period beginning on the date of the enactment of this Act and ending on December 31, 2022-- (i) access to vaccines in the United States; (ii) access to vaccines globally; (iii) global supply chains of COVID-19 vaccines and related technologies and the inputs needed to produce those vaccines and related technologies; (iv) the gross domestic product of the United States; (v) exports and imports by the United States of COVID-19 vaccines and related technologies and the inputs needed to produce those vaccines and related technologies; (vi) manufacturing in the United States of COVID-19 vaccines and related technologies and the inputs needed to produce those vaccines and related technologies; and (vii) investment in vaccine production in the United States and in research and development for future vaccines; (B) what existing flexibilities within the TRIPS Agreement can be used to expedite vaccine access during the one-year period beginning on the date of the enactment of this Act and how those flexibilities may be effectively used; and (C) other reasonably feasible alternatives to the TRIPS waiver that might expedite global vaccine production during that one-year period and the effectiveness of those alternatives relative to a TRIPS waiver, including distribution from the United States or from other countries. (2) Publication of report.--The Secretary of Commerce shall publish the report required under paragraph (1) on a publicly available website of the Department of Commerce, which shall include a conclusion of whether a TRIPS waiver with respect to addressing the COVID-19 pandemic will increase global vaccine access during the one-year period beginning on the date of the enactment of this Act. (c) National Security Investigation.-- (1) In general.--The Secretary of Defense shall conduct an investigation, in consultation with the Secretary of Commerce, the Secretary of Health and Human Services, and the Trade Representative, to determine the effects of a TRIPS waiver with respect to addressing the COVID-19 pandemic on the national security of the United States, in particular whether such a waiver that extends to mRNA technology could contribute to future deployment of that technology by the People's Republic of China, the Russian Federation, or countries designated as state sponsors of terrorism. (2) Report.-- (A) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. (B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). SEC. 7. TRADE AGREEMENTS: SUSPENSIONS AND OTHER MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO CONGRESS. (a) Trade Representative Engagement With the Public.-- (1) In general.--Before entering into any negotiation with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of obligations, the Trade Representative shall publish in the Federal Register a notice identifying-- (A) the objectives of the United States for that negotiation; (B) the rationale for why the trade agreement does not presently allow the United States to meet those objectives; and (C) the provision or provisions of the trade agreement that the United States proposes to suspend or modify. (2) Comments.--The Trade Representative shall allow the public an opportunity to submit comments concerning the notice required under paragraph (1) for a period of not less than 30 days, and shall hold a hearing to hear testimony from members of the public. (b) Initial Evaluation by the Commission.-- (1) In general.--After the end of the comment period under subsection (a)(2), and after an evaluation by the Trade Representative of those comments, if the Trade Representative determines to pursue a suspension of or modification to a trade agreement, the Trade Representative shall submit to the Commission a plan for the negotiation of the suspension or modification, as the case may be, which shall include-- (A) the objectives of the United States for the negotiation; (B) a description of the inadequacies of the trade agreement, including by reference to specific provisions that preclude the United States from meeting its objectives; (C) a description of how the Trade Representative plans to remedy those inadequacies; (D) evidence supporting those inadequacies; and (E) a justification for why the suspension or modification would remedy those inadequacies. (2) Hearing and report.-- (A) Publication of report.--For each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1), the Commission shall publish on an internet website of the Commission a report evaluating-- (i) the existence and extent of the purported inadequacies in the trade agreement; (ii) what progress, if any, the plan might make in remedying those inadequacies; and (iii) the likely impact of the suspension or modification on the economy of the United States as a whole and on specific industry sectors, including any impact on gross domestic product, exports and imports, aggregate employment and employment opportunities, production, employment, and competitive position of industries likely to be significantly affected by the suspension or modification, and the interests of consumers. (B) Public hearing.--The Commission shall conduct a public hearing for each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) before publishing a report with respect to that suspension or modification under subparagraph (A). (C) Timing.--The Commission shall publish the report required under subparagraph (A) with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 30 days and not later than 120 days after the plan was submitted. (D) Confidential report.--If the Commission determines that certain aspects of a report required to be published under subparagraph (A) must be kept confidential to protect proprietary data or to protect the interests of the United States with respect to a potential negotiation, the Commission shall-- (i) publish a redacted report under subparagraph (A); and (ii) submit to the appropriate congressional committees an unredacted report. (E) Negotiation.--The Trade Representative may proceed to enter into negotiations with a trading partner with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 5 business days following the publication under subparagraph (A) of the report regarding that suspension or modification. (c) Congressional Consultation During the Course of Negotiations.-- (1) Notice.--Not later than 60 days before entering into any negotiations with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of one or more provisions or obligations of the agreement, the President shall provide written notice to Congress of the intention of the President to enter into the negotiations, which shall include-- (A) the date on which the President intends to initiate the negotiations; (B) the specific objectives of the United States for the negotiations; and (C) an assessment of why it is necessary to suspend or modify the trade agreement in order to meet those objectives. (2) Consultation.-- (A) President.--Following the notice required under paragraph (1) with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. (B) Trade representative.--With respect to negotiations described in paragraph (1), the Trade Representative shall consult closely and on a timely basis with the appropriate congressional committees, keeping those committees fully apprised of those negotiations, and provide to those committees, including staff with appropriate security clearance, access to the text of any negotiating proposal or any other document presented by the United States that presents concepts or considerations for the negotiations not later than 5 business days before tabling it in the negotiation. (3) Designation of advisors.--The chair and ranking member of each of the appropriate congressional committees may each designate not more than 4 members of their committee and not more than 3 staffers as official advisors to negotiations described in paragraph (1). (4) Briefing.-- (A) In general.--The Trade Representative shall brief the appropriate congressional committees before and after every session with respect to negotiations described in paragraph (1). (B) Timing of follow-up briefing.--A briefing required under subparagraph (A) following a negotiating session shall take place not later than 5 business days following the session. (d) Timing of Existing Report.--Notwithstanding the timing requirements under section 135(e)(1) of the Trade Act of 1974 (19 U.S.C. 2155(e)(1)), the report required under that section regarding any trade agreement entered into under subsection (a) or (b) of section 103 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4202) shall be provided to the President, Congress, and the Trade Representative not later than 30 days after the date on which the President notifies Congress of the intention of the President to enter into a suspension of or modification to the trade agreement. (e) Authority for Suspension or Modification of a Trade Agreement.--The President shall not enter into any suspension of or modification to a trade agreement, unless-- (1) the President has complied with all consultation requirements set forth in subsection (c); and (2) an Act of Congress is enacted approving the suspension or modification or a joint resolution is adopted under subsection (f) approving the suspension or modification. (f) Joint Resolution.-- (1) In general.--The President may seek a joint resolution from Congress granting the President authority to enter into a suspension of or modification to a trade agreement as follows: (A) The President shall post the text concerning the relevant changes to the trade agreement on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days. (B) The President shall submit the text concerning the relevant changes to the trade agreement to the Commission, which shall publish on a publicly available website of the Commission a report on how the changes to the trade agreement will impact employment, economic growth, and consumers in the United States. The Commission shall publish that report not earlier than 30 days and not later than 120 days after receiving from the President the text concerning the relevant changes to the trade agreement. (C) The President shall submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text with respect to which the President seeks authority to commit the United States, together with-- (i) the report prepared by the Commission under subparagraph (B); (ii) an identification of any United States laws that may be inconsistent with the text; and (iii) a statement of any administrative action proposed to implement any changes to the trade agreement. (2) Introduction.--A joint resolution approving a suspension of or modification to a trade agreement may be introduced in either House of Congress by the chair or ranking member of one of the appropriate congressional committees. (3) Procedures in house and senate.--The provisions of subsections (b) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192) shall apply with respect to a joint resolution introduced under paragraph (2) to the same extent and in the same manner as such provisions apply with respect to a resolution described in subsection (a) of that section. (4) Hearing and briefings.--Following introduction of a joint resolution under paragraph (2), the appropriate congressional committees shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the proposed suspension of or modification to a trade agreement. (5) Discharge.--If the committee of either House to which a joint resolution introduced under paragraph (2) has been referred has not reported it by the close of the 40th day after its introduction (excluding any day described in section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b))), that committee shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. (6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (B) Motion to proceed in house of representatives.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (7) Rules of senate and house of representatives.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (g) Application to Ministerial Changes.--This section shall not apply with respect to any ministerial changes to a trade agreement. <all>

Protecting American Innovation Act

To establish limitations on modifications to trade agreements, and for other purposes.

Protecting American Innovation Act

Rep. Smith, Adrian

R

NE

This bill establishes certain limitations on modifying trade agreements, including those related to the TRIPS Agreement (i.e., the Agreement on Trade-Related Aspects of Intellectual Property Rights). The TRIPS Agreement contains obligations for World Trade Organization members to protect patents and other intellectual property rights. Specifically, the bill prohibits the President (or any U.S. official, employee, or agent) from negotiating or concluding any withdrawal, suspension, or modification to a trade agreement that adversely affects the rights of the United States or U.S. persons under a trade agreement with China or Russia. Additionally, the bill states that a TRIPS waiver to address the COVID-19 pandemic shall not take effect if (1) the President does not submit required reports from the Department of Commerce and the Department of Defense (DOD), (2) the Commerce report concludes that the TRIPS waiver will not result in an increase in global vaccine access, or (3) the DOD report concludes that the TRIPS waiver would adversely impact U.S. national security. Prior to entering into a negotiation with a trading partner concerning a suspension of or modification to a trade agreement, the bill requires (1) the U.S. Trade Representative to publish certain information in the Federal Register and allow for public comment, and (2) the President to provide written notice and consult with Congress. Further, the President shall not enter into any suspension of or modification to a trade agreement unless the President has complied with such consultation requirements and receives congressional approval.

2. (B) The scarcity of raw materials for the vaccines. (15) The Government of the People's Republic of China and the Government of the Russian Federation are engaged in large scale industrial espionage and technology theft of intellectual property of United States persons. 3. 4. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Ministerial change.--The term ``ministerial change'', with respect to a trade agreement, means a change to address a clerical, typographical, or grammatical error and does not include any change that would change the intended rights or obligations of a party to the trade agreement. 4813(c)(1)(A)(i)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. (8) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. 5. 6. (B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). SEC. 7. TRADE AGREEMENTS: SUSPENSIONS AND OTHER MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO CONGRESS. (c) Congressional Consultation During the Course of Negotiations.-- (1) Notice.--Not later than 60 days before entering into any negotiations with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of one or more provisions or obligations of the agreement, the President shall provide written notice to Congress of the intention of the President to enter into the negotiations, which shall include-- (A) the date on which the President intends to initiate the negotiations; (B) the specific objectives of the United States for the negotiations; and (C) an assessment of why it is necessary to suspend or modify the trade agreement in order to meet those objectives. (6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (B) Motion to proceed in house of representatives.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so.

2. (B) The scarcity of raw materials for the vaccines. (15) The Government of the People's Republic of China and the Government of the Russian Federation are engaged in large scale industrial espionage and technology theft of intellectual property of United States persons. 3. 4. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Ministerial change.--The term ``ministerial change'', with respect to a trade agreement, means a change to address a clerical, typographical, or grammatical error and does not include any change that would change the intended rights or obligations of a party to the trade agreement. 4813(c)(1)(A)(i)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. (8) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. 5. 6. (B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). SEC. 7. TRADE AGREEMENTS: SUSPENSIONS AND OTHER MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO CONGRESS. (c) Congressional Consultation During the Course of Negotiations.-- (1) Notice.--Not later than 60 days before entering into any negotiations with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of one or more provisions or obligations of the agreement, the President shall provide written notice to Congress of the intention of the President to enter into the negotiations, which shall include-- (A) the date on which the President intends to initiate the negotiations; (B) the specific objectives of the United States for the negotiations; and (C) an assessment of why it is necessary to suspend or modify the trade agreement in order to meet those objectives. (B) Motion to proceed in house of representatives.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so.

2. FINDINGS. Manufacturing and distributing safe and effective COVID-19 vaccines on a global scale is incredibly challenging. 3581). (B) The scarcity of raw materials for the vaccines. (15) The Government of the People's Republic of China and the Government of the Russian Federation are engaged in large scale industrial espionage and technology theft of intellectual property of United States persons. (19) Waiving intellectual property protections, particularly of the mRNA technology platform in which the Defense Advanced Research Project Agency invested not less than $250,000,000, raises serious economic and national security concerns. 3. 4. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Ministerial change.--The term ``ministerial change'', with respect to a trade agreement, means a change to address a clerical, typographical, or grammatical error and does not include any change that would change the intended rights or obligations of a party to the trade agreement. 4813(c)(1)(A)(i)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. (8) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (11) World trade organization; wto; wto agreement.--The terms ``World Trade Organization'', ``WTO'', and ``WTO Agreement'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 5. (3) Report on violations.--Immediately following any violation of subsection (a) by an official, employee, or agent of the United States, the President shall submit to the appropriate congressional committees a report setting forth a statement regarding the violation and a description of the actions taken with respect to the official, employee, or agent, as the case may be, including all relevant facts. 6. (B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). SEC. 7. TRADE AGREEMENTS: SUSPENSIONS AND OTHER MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO CONGRESS. (2) Hearing and report.-- (A) Publication of report.--For each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1), the Commission shall publish on an internet website of the Commission a report evaluating-- (i) the existence and extent of the purported inadequacies in the trade agreement; (ii) what progress, if any, the plan might make in remedying those inadequacies; and (iii) the likely impact of the suspension or modification on the economy of the United States as a whole and on specific industry sectors, including any impact on gross domestic product, exports and imports, aggregate employment and employment opportunities, production, employment, and competitive position of industries likely to be significantly affected by the suspension or modification, and the interests of consumers. (c) Congressional Consultation During the Course of Negotiations.-- (1) Notice.--Not later than 60 days before entering into any negotiations with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of one or more provisions or obligations of the agreement, the President shall provide written notice to Congress of the intention of the President to enter into the negotiations, which shall include-- (A) the date on which the President intends to initiate the negotiations; (B) the specific objectives of the United States for the negotiations; and (C) an assessment of why it is necessary to suspend or modify the trade agreement in order to meet those objectives. (B) Timing of follow-up briefing.--A briefing required under subparagraph (A) following a negotiating session shall take place not later than 5 business days following the session. (6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (B) Motion to proceed in house of representatives.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so.

2. FINDINGS. (9) The United States is committed to providing global access to COVID-19 vaccines. Manufacturing and distributing safe and effective COVID-19 vaccines on a global scale is incredibly challenging. 3581). (13) That waiver announcement created confusion, and raised concerns that a successful effort to suspend protections will weaken already strained supply chains and foster the proliferation of ineffective and potentially dangerous vaccines. (B) The scarcity of raw materials for the vaccines. (C) Last-mile distribution and cold-chain storage. (D) Trade barriers to the free flow of inputs and finished products. (15) The Government of the People's Republic of China and the Government of the Russian Federation are engaged in large scale industrial espionage and technology theft of intellectual property of United States persons. (19) Waiving intellectual property protections, particularly of the mRNA technology platform in which the Defense Advanced Research Project Agency invested not less than $250,000,000, raises serious economic and national security concerns. 3. 4. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. (3) Ministerial change.--The term ``ministerial change'', with respect to a trade agreement, means a change to address a clerical, typographical, or grammatical error and does not include any change that would change the intended rights or obligations of a party to the trade agreement. 4813(c)(1)(A)(i)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2780(d)); or (D) any other provision of law. (8) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. (11) World trade organization; wto; wto agreement.--The terms ``World Trade Organization'', ``WTO'', and ``WTO Agreement'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 5. (3) Report on violations.--Immediately following any violation of subsection (a) by an official, employee, or agent of the United States, the President shall submit to the appropriate congressional committees a report setting forth a statement regarding the violation and a description of the actions taken with respect to the official, employee, or agent, as the case may be, including all relevant facts. 6. (B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). SEC. 7. TRADE AGREEMENTS: SUSPENSIONS AND OTHER MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO CONGRESS. (2) Comments.--The Trade Representative shall allow the public an opportunity to submit comments concerning the notice required under paragraph (1) for a period of not less than 30 days, and shall hold a hearing to hear testimony from members of the public. (2) Hearing and report.-- (A) Publication of report.--For each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1), the Commission shall publish on an internet website of the Commission a report evaluating-- (i) the existence and extent of the purported inadequacies in the trade agreement; (ii) what progress, if any, the plan might make in remedying those inadequacies; and (iii) the likely impact of the suspension or modification on the economy of the United States as a whole and on specific industry sectors, including any impact on gross domestic product, exports and imports, aggregate employment and employment opportunities, production, employment, and competitive position of industries likely to be significantly affected by the suspension or modification, and the interests of consumers. (c) Congressional Consultation During the Course of Negotiations.-- (1) Notice.--Not later than 60 days before entering into any negotiations with a trading partner concerning a suspension of or modification to a trade agreement, including a waiver of one or more provisions or obligations of the agreement, the President shall provide written notice to Congress of the intention of the President to enter into the negotiations, which shall include-- (A) the date on which the President intends to initiate the negotiations; (B) the specific objectives of the United States for the negotiations; and (C) an assessment of why it is necessary to suspend or modify the trade agreement in order to meet those objectives. (B) Timing of follow-up briefing.--A briefing required under subparagraph (A) following a negotiating session shall take place not later than 5 business days following the session. (6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (B) Motion to proceed in house of representatives.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (7) Rules of senate and house of representatives.--This subsection is enacted by Congress-- (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with the full recognition of the constitutional right of either House to change the rules (so far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as any other rule of that House.

To establish limitations on modifications to trade agreements, and for other purposes. 4) The United States is a global leader in containing and ending the COVID-19 pandemic. ( At facilities across the United States, thousands of United States workers are working around the clock to manufacture COVID-19 vaccines, contributing to the rapid, global scale up of manufacturing that is expected to reach at least 10,000,000,000 doses by the end of 2021. ( 8) Longstanding intellectual property protections are critical to efforts by the United States and the biopharmaceutical industry to develop and manufacture vaccines for both people in the United States and around the world. ( (10) In order to accelerate production and distribution of COVID-19 vaccines, biopharmaceutical manufacturers in the United States are collaborating at a scale that previously was unimaginable, including by entering into hundreds of voluntary manufacturing, production, and other partnerships around the world. ( That decision is not consistent with the intellectual property negotiating objectives of the United States set forth in section 315 of the Uruguay Round Agreements Act (19 U.S.C. 3581). ( (14) The Trade Representative has not explained how a waiver of the TRIPS Agreement will expand vaccine production and access, particularly considering that the major impediments to vaccination efforts include the following: (A) The difficulty in meeting the technical specifications of production and appropriately ensuring that finished vaccines are high-quality, safe, and effective. ( 16) The Government of the People's Republic of China and the Government of the Russian Federation are using their vaccines as part of diplomatic efforts that may be contrary to the national security interests of the United States. The Academy of Military Science, the scientific arm of the military of the People's Republic of China, is sponsoring the principal effort by the People's Republic of China to develop its own mRNA vaccine. ( 19) Waiving intellectual property protections, particularly of the mRNA technology platform in which the Defense Advanced Research Project Agency invested not less than $250,000,000, raises serious economic and national security concerns. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. ( 6) State sponsor of terrorism.--The term ``state sponsor of terrorism'' means a country the government of which the Secretary of State has determined is a government that has repeatedly provided support for acts of international terrorism, for purposes of-- (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i)); (B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371); (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or (D) any other provision of law. ( 7) Trade agreement.--The term ``trade agreement'' means any trade agreement to which the United States is a party that has been approved by Congress, including the TRIPS Agreement. ( (a) Prohibition on Withdrawal, Suspension, or Modification.-- (1) In general.--The President, and any official, employee, or agent of the United States, may not negotiate or conclude any withdrawal, suspension, or modification to a trade agreement that adversely affects, nullifies, or impairs the rights of the United States or United States persons under a trade agreement with respect to the People's Republic of China or the Russian Federation. ( 2) Discipline.--Any official, employee, or agent of the United States who violates subsection (a) shall be subject to appropriate discipline, as determined by the President, including suspension from duty without pay or removal from office. ( LIMITATIONS AND ANALYSIS OF WAIVER OF OBLIGATIONS UNDER AGREEMENT ON TRADE-RELATED ASPECTS OF INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ADDRESSING THE COVID-19 PANDEMIC. ( a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take effect with respect to the United States if-- (1) the President fails to submit the reports required under subsections (b) and (c)(2) pursuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an increase in global vaccine access; or (3) the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. (2) Publication of report.--The Secretary of Commerce shall publish the report required under paragraph (1) on a publicly available website of the Department of Commerce, which shall include a conclusion of whether a TRIPS waiver with respect to addressing the COVID-19 pandemic will increase global vaccine access during the one-year period beginning on the date of the enactment of this Act. ( 2) Report.-- (A) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. (B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). TRADE AGREEMENTS: SUSPENSIONS AND OTHER MODIFICATIONS, CONSULTATIONS, AND SUBMISSION TO CONGRESS. ( B) Public hearing.--The Commission shall conduct a public hearing for each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) before publishing a report with respect to that suspension or modification under subparagraph (A). ( C) Timing.--The Commission shall publish the report required under subparagraph (A) with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 30 days and not later than 120 days after the plan was submitted. (D) Confidential report.--If the Commission determines that certain aspects of a report required to be published under subparagraph (A) must be kept confidential to protect proprietary data or to protect the interests of the United States with respect to a potential negotiation, the Commission shall-- (i) publish a redacted report under subparagraph (A); and (ii) submit to the appropriate congressional committees an unredacted report. ( E) Negotiation.--The Trade Representative may proceed to enter into negotiations with a trading partner with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 5 business days following the publication under subparagraph (A) of the report regarding that suspension or modification. ( (2) Consultation.-- (A) President.--Following the notice required under paragraph (1) with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. ( 3) Designation of advisors.--The chair and ranking member of each of the appropriate congressional committees may each designate not more than 4 members of their committee and not more than 3 staffers as official advisors to negotiations described in paragraph (1). ( (B) Timing of follow-up briefing.--A briefing required under subparagraph (A) following a negotiating session shall take place not later than 5 business days following the session. ( e) Authority for Suspension or Modification of a Trade Agreement.--The President shall not enter into any suspension of or modification to a trade agreement, unless-- (1) the President has complied with all consultation requirements set forth in subsection (c); and (2) an Act of Congress is enacted approving the suspension or modification or a joint resolution is adopted under subsection (f) approving the suspension or modification. (f) Joint Resolution.-- (1) In general.--The President may seek a joint resolution from Congress granting the President authority to enter into a suspension of or modification to a trade agreement as follows: (A) The President shall post the text concerning the relevant changes to the trade agreement on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days. ( C) The President shall submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text with respect to which the President seeks authority to commit the United States, together with-- (i) the report prepared by the Commission under subparagraph (B); (ii) an identification of any United States laws that may be inconsistent with the text; and (iii) a statement of any administrative action proposed to implement any changes to the trade agreement. (2) Introduction.--A joint resolution approving a suspension of or modification to a trade agreement may be introduced in either House of Congress by the chair or ranking member of one of the appropriate congressional committees. ( 3) Procedures in house and senate.--The provisions of subsections (b) through (f) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192) shall apply with respect to a joint resolution introduced under paragraph (2) to the same extent and in the same manner as such provisions apply with respect to a resolution described in subsection (a) of that section. ( (6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). ( B) Motion to proceed in house of representatives.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. ( (g) Application to Ministerial Changes.--This section shall not apply with respect to any ministerial changes to a trade agreement.

To establish limitations on modifications to trade agreements, and for other purposes. 4) The United States is a global leader in containing and ending the COVID-19 pandemic. ( 6) The United States is a founding member of the World Trade Organization. 3581) that it is the objective of the United States to ``accelerate the implementation'' of the TRIPS Agreement and to ``seek enactment and effective implementation by foreign countries of laws to protect and enforce intellectual property rights that supplement and strengthen the standards'' of the TRIPS Agreement. ( 8) Longstanding intellectual property protections are critical to efforts by the United States and the biopharmaceutical industry to develop and manufacture vaccines for both people in the United States and around the world. ( (14) The Trade Representative has not explained how a waiver of the TRIPS Agreement will expand vaccine production and access, particularly considering that the major impediments to vaccination efforts include the following: (A) The difficulty in meeting the technical specifications of production and appropriately ensuring that finished vaccines are high-quality, safe, and effective. ( C) Last-mile distribution and cold-chain storage. ( 16) The Government of the People's Republic of China and the Government of the Russian Federation are using their vaccines as part of diplomatic efforts that may be contrary to the national security interests of the United States. (19) Waiving intellectual property protections, particularly of the mRNA technology platform in which the Defense Advanced Research Project Agency invested not less than $250,000,000, raises serious economic and national security concerns. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) Commission.--The term ``Commission'' means the United States International Trade Commission. ( 9) TRIPS agreement.--The term ``TRIPS Agreement'' means the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)). ( (11) World trade organization; wto; wto agreement.--The terms ``World Trade Organization'', ``WTO'', and ``WTO Agreement'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). 2) Discipline.--Any official, employee, or agent of the United States who violates subsection (a) shall be subject to appropriate discipline, as determined by the President, including suspension from duty without pay or removal from office. ( (a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take effect with respect to the United States if-- (1) the President fails to submit the reports required under subsections (b) and (c)(2) pursuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an increase in global vaccine access; or (3) the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. (2) Publication of report.--The Secretary of Commerce shall publish the report required under paragraph (1) on a publicly available website of the Department of Commerce, which shall include a conclusion of whether a TRIPS waiver with respect to addressing the COVID-19 pandemic will increase global vaccine access during the one-year period beginning on the date of the enactment of this Act. ( 2) Report.-- (A) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. ( 2) Comments.--The Trade Representative shall allow the public an opportunity to submit comments concerning the notice required under paragraph (1) for a period of not less than 30 days, and shall hold a hearing to hear testimony from members of the public. ( B) Public hearing.--The Commission shall conduct a public hearing for each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) before publishing a report with respect to that suspension or modification under subparagraph (A). ( C) Timing.--The Commission shall publish the report required under subparagraph (A) with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 30 days and not later than 120 days after the plan was submitted. ( 2) Consultation.-- (A) President.--Following the notice required under paragraph (1) with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. ( 3) Designation of advisors.--The chair and ranking member of each of the appropriate congressional committees may each designate not more than 4 members of their committee and not more than 3 staffers as official advisors to negotiations described in paragraph (1). ( e) Authority for Suspension or Modification of a Trade Agreement.--The President shall not enter into any suspension of or modification to a trade agreement, unless-- (1) the President has complied with all consultation requirements set forth in subsection (c); and (2) an Act of Congress is enacted approving the suspension or modification or a joint resolution is adopted under subsection (f) approving the suspension or modification. ( B) The President shall submit the text concerning the relevant changes to the trade agreement to the Commission, which shall publish on a publicly available website of the Commission a report on how the changes to the trade agreement will impact employment, economic growth, and consumers in the United States. (C) The President shall submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text with respect to which the President seeks authority to commit the United States, together with-- (i) the report prepared by the Commission under subparagraph (B); (ii) an identification of any United States laws that may be inconsistent with the text; and (iii) a statement of any administrative action proposed to implement any changes to the trade agreement. ( 4) Hearing and briefings.--Following introduction of a joint resolution under paragraph (2), the appropriate congressional committees shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the proposed suspension of or modification to a trade agreement. ( (6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). ( B) Motion to proceed in house of representatives.--A motion in the House of Representatives to proceed to the consideration of a joint resolution may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his or her intention to do so. (

To establish limitations on modifications to trade agreements, and for other purposes. 8) Longstanding intellectual property protections are critical to efforts by the United States and the biopharmaceutical industry to develop and manufacture vaccines for both people in the United States and around the world. ( ( 14) The Trade Representative has not explained how a waiver of the TRIPS Agreement will expand vaccine production and access, particularly considering that the major impediments to vaccination efforts include the following: (A) The difficulty in meeting the technical specifications of production and appropriately ensuring that finished vaccines are high-quality, safe, and effective. ( 2) Discipline.--Any official, employee, or agent of the United States who violates subsection (a) shall be subject to appropriate discipline, as determined by the President, including suspension from duty without pay or removal from office. ( ( 2) Report.-- (A) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. ( ( C) Timing.--The Commission shall publish the report required under subparagraph (A) with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 30 days and not later than 120 days after the plan was submitted. ( C) The President shall submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text with respect to which the President seeks authority to commit the United States, together with-- (i) the report prepared by the Commission under subparagraph (B); (ii) an identification of any United States laws that may be inconsistent with the text; and (iii) a statement of any administrative action proposed to implement any changes to the trade agreement. ( 4) Hearing and briefings.--Following introduction of a joint resolution under paragraph (2), the appropriate congressional committees shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the proposed suspension of or modification to a trade agreement. ( ( 6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (

To establish limitations on modifications to trade agreements, and for other purposes. 14) The Trade Representative has not explained how a waiver of the TRIPS Agreement will expand vaccine production and access, particularly considering that the major impediments to vaccination efforts include the following: (A) The difficulty in meeting the technical specifications of production and appropriately ensuring that finished vaccines are high-quality, safe, and effective. ( 16) The Government of the People's Republic of China and the Government of the Russian Federation are using their vaccines as part of diplomatic efforts that may be contrary to the national security interests of the United States. 19) Waiving intellectual property protections, particularly of the mRNA technology platform in which the Defense Advanced Research Project Agency invested not less than $250,000,000, raises serious economic and national security concerns. ( 7) Trade agreement.--The term ``trade agreement'' means any trade agreement to which the United States is a party that has been approved by Congress, including the TRIPS Agreement. ( ( a) Prohibition on Withdrawal, Suspension, or Modification.-- (1) In general.--The President, and any official, employee, or agent of the United States, may not negotiate or conclude any withdrawal, suspension, or modification to a trade agreement that adversely affects, nullifies, or impairs the rights of the United States or United States persons under a trade agreement with respect to the People's Republic of China or the Russian Federation. ( ( a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take effect with respect to the United States if-- (1) the President fails to submit the reports required under subsections (b) and (c)(2) pursuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an increase in global vaccine access; or (3) the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. ( 2) Publication of report.--The Secretary of Commerce shall publish the report required under paragraph (1) on a publicly available website of the Department of Commerce, which shall include a conclusion of whether a TRIPS waiver with respect to addressing the COVID-19 pandemic will increase global vaccine access during the one-year period beginning on the date of the enactment of this Act. ( (B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). B) Public hearing.--The Commission shall conduct a public hearing for each suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) before publishing a report with respect to that suspension or modification under subparagraph (A). ( ( E) Negotiation.--The Trade Representative may proceed to enter into negotiations with a trading partner with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 5 business days following the publication under subparagraph (A) of the report regarding that suspension or modification. ( ( 2) Consultation.-- (A) President.--Following the notice required under paragraph (1) with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. ( ( e) Authority for Suspension or Modification of a Trade Agreement.--The President shall not enter into any suspension of or modification to a trade agreement, unless-- (1) the President has complied with all consultation requirements set forth in subsection (c); and (2) an Act of Congress is enacted approving the suspension or modification or a joint resolution is adopted under subsection (f) approving the suspension or modification. ( f) Joint Resolution.-- (1) In general.--The President may seek a joint resolution from Congress granting the President authority to enter into a suspension of or modification to a trade agreement as follows: (A) The President shall post the text concerning the relevant changes to the trade agreement on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days. ( (2) Introduction.--A joint resolution approving a suspension of or modification to a trade agreement may be introduced in either House of Congress by the chair or ranking member of one of the appropriate congressional committees. ( 6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). ( ( (g) Application to Ministerial Changes.--This section shall not apply with respect to any ministerial changes to a trade agreement.

To establish limitations on modifications to trade agreements, and for other purposes. 8) Longstanding intellectual property protections are critical to efforts by the United States and the biopharmaceutical industry to develop and manufacture vaccines for both people in the United States and around the world. ( ( 14) The Trade Representative has not explained how a waiver of the TRIPS Agreement will expand vaccine production and access, particularly considering that the major impediments to vaccination efforts include the following: (A) The difficulty in meeting the technical specifications of production and appropriately ensuring that finished vaccines are high-quality, safe, and effective. ( 2) Discipline.--Any official, employee, or agent of the United States who violates subsection (a) shall be subject to appropriate discipline, as determined by the President, including suspension from duty without pay or removal from office. ( ( 2) Report.-- (A) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. ( ( C) Timing.--The Commission shall publish the report required under subparagraph (A) with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 30 days and not later than 120 days after the plan was submitted. ( C) The President shall submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text with respect to which the President seeks authority to commit the United States, together with-- (i) the report prepared by the Commission under subparagraph (B); (ii) an identification of any United States laws that may be inconsistent with the text; and (iii) a statement of any administrative action proposed to implement any changes to the trade agreement. ( 4) Hearing and briefings.--Following introduction of a joint resolution under paragraph (2), the appropriate congressional committees shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the proposed suspension of or modification to a trade agreement. ( ( 6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (

To establish limitations on modifications to trade agreements, and for other purposes. 16) The Government of the People's Republic of China and the Government of the Russian Federation are using their vaccines as part of diplomatic efforts that may be contrary to the national security interests of the United States. ( ( a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take effect with respect to the United States if-- (1) the President fails to submit the reports required under subsections (b) and (c)(2) pursuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an increase in global vaccine access; or (3) the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. ( B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). ( ( E) Negotiation.--The Trade Representative may proceed to enter into negotiations with a trading partner with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 5 business days following the publication under subparagraph (A) of the report regarding that suspension or modification. ( ( 2) Consultation.-- (A) President.--Following the notice required under paragraph (1) with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. ( ( ( f) Joint Resolution.-- (1) In general.--The President may seek a joint resolution from Congress granting the President authority to enter into a suspension of or modification to a trade agreement as follows: (A) The President shall post the text concerning the relevant changes to the trade agreement on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days. ( ( 6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). ( ( (

To establish limitations on modifications to trade agreements, and for other purposes. 8) Longstanding intellectual property protections are critical to efforts by the United States and the biopharmaceutical industry to develop and manufacture vaccines for both people in the United States and around the world. ( ( 14) The Trade Representative has not explained how a waiver of the TRIPS Agreement will expand vaccine production and access, particularly considering that the major impediments to vaccination efforts include the following: (A) The difficulty in meeting the technical specifications of production and appropriately ensuring that finished vaccines are high-quality, safe, and effective. ( 2) Discipline.--Any official, employee, or agent of the United States who violates subsection (a) shall be subject to appropriate discipline, as determined by the President, including suspension from duty without pay or removal from office. ( ( 2) Report.-- (A) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. ( ( C) Timing.--The Commission shall publish the report required under subparagraph (A) with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 30 days and not later than 120 days after the plan was submitted. ( C) The President shall submit to Congress on a day on which both Houses of Congress are in session a copy of the final legal text with respect to which the President seeks authority to commit the United States, together with-- (i) the report prepared by the Commission under subparagraph (B); (ii) an identification of any United States laws that may be inconsistent with the text; and (iii) a statement of any administrative action proposed to implement any changes to the trade agreement. ( 4) Hearing and briefings.--Following introduction of a joint resolution under paragraph (2), the appropriate congressional committees shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the proposed suspension of or modification to a trade agreement. ( ( 6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (

To establish limitations on modifications to trade agreements, and for other purposes. 16) The Government of the People's Republic of China and the Government of the Russian Federation are using their vaccines as part of diplomatic efforts that may be contrary to the national security interests of the United States. ( ( a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take effect with respect to the United States if-- (1) the President fails to submit the reports required under subsections (b) and (c)(2) pursuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an increase in global vaccine access; or (3) the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. ( B) Advice.--If the Secretary of Defense determines that a TRIPS waiver with respect to addressing the COVID-19 pandemic threatens to impair national security, the Secretary shall so advise the President and the appropriate congressional committees in the report required under subparagraph (A). ( ( E) Negotiation.--The Trade Representative may proceed to enter into negotiations with a trading partner with respect to a suspension of or modification to a trade agreement for which a plan was submitted to the Commission under paragraph (1) not earlier than 5 business days following the publication under subparagraph (A) of the report regarding that suspension or modification. ( ( 2) Consultation.-- (A) President.--Following the notice required under paragraph (1) with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. ( ( ( f) Joint Resolution.-- (1) In general.--The President may seek a joint resolution from Congress granting the President authority to enter into a suspension of or modification to a trade agreement as follows: (A) The President shall post the text concerning the relevant changes to the trade agreement on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days. ( ( 6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). ( ( (

To establish limitations on modifications to trade agreements, and for other purposes. 2) Report.-- (A) In general.--Before any official, employee, or agent of the United States enters into negotiations concerning a TRIPS waiver with respect to addressing the COVID-19 pandemic after the date of the enactment of this Act, and not later than 60 days after such date of enactment, the Secretary of Defense shall submit to the President and the appropriate congressional committees a report on the findings of the investigation under paragraph (1), including the recommendations of the Secretary for action or inaction regarding the TRIPS waiver. ( ( ( 4) Hearing and briefings.--Following introduction of a joint resolution under paragraph (2), the appropriate congressional committees shall, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the proposed suspension of or modification to a trade agreement. ( ( 6) Consideration.-- (A) In general.--It is not in order for-- (i) the Senate to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Finance or the committee has been discharged under paragraph (5); or (ii) the House of Representatives to consider any joint resolution introduced under paragraph (2) unless it has been reported by the Committee on Ways and Means or the committee has been discharged under paragraph (5). (

To establish limitations on modifications to trade agreements, and for other purposes. a) TRIPS Waiver.--A TRIPS waiver with respect to addressing the COVID-19 pandemic shall not take effect with respect to the United States if-- (1) the President fails to submit the reports required under subsections (b) and (c)(2) pursuant to the requirements of those subsections; (2) the report required under subsection (b) concludes that the TRIPS waiver will not result in an increase in global vaccine access; or (3) the report required under subsection (c)(2) concludes that the TRIPS waiver would adversely impact the national security of the United States. ( ( ( 2) Consultation.-- (A) President.--Following the notice required under paragraph (1) with respect to negotiations concerning a suspension of or modification to a trade agreement, the President shall consult with Congress with respect to those negotiations as set forth in section 105 of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (19 U.S.C. 4204) in the same manner as if the suspension or modification was an agreement subject to the provisions of that section. ( ( ( f) Joint Resolution.-- (1) In general.--The President may seek a joint resolution from Congress granting the President authority to enter into a suspension of or modification to a trade agreement as follows: (A) The President shall post the text concerning the relevant changes to the trade agreement on a publicly available website of the Office of the United States Trade Representative for not less than 5 business days. ( (

H.R.3927

Health

Manufacturing API, Drugs, and Excipients in America Act or the MADE in America Act This bill establishes a tax credit for taxpayers engaged in medical production activities in certain areas and contains other provisions related to pharmaceuticals. An eligible taxpayer may claim a tax credit equal to 25% of qualified expenditures related to the production of pharmaceuticals, medical devices, or other related items in a designated qualified opportunity zone with a poverty rate higher than 30%. The bill provides for increases to this tax credit in certain situations, such as if a substantial portion of the employees reside in areas with certain poverty levels. In addition, the Food and Drug Administration (FDA) must continue programs to facilitate the development and review of new drug or biological products that are manufactured using certain advanced manufacturing technologies. The bill imposes various requirements on these programs, including deadlines for evaluating such a technology. Furthermore, the Department of Health and Human Services must ensure timely and effective internal coordination and alignment between FDA field investigators and the staff of the Center for Drug Evaluation and Research's Office of Compliance and Drug Shortage Program regarding reports and feedback related to facility inspections.

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing API, Drugs, and Excipients in America Act'' or the ``MADE in America Act''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--HEALTH PROVISIONS Sec. 101. Report to Congress on barriers to domestic manufacturing of medical products. Sec. 102. Enhance intra-agency coordination and public health assessment with regard to compliance activities. Sec. 103. Reporting of mutual recognition agreements for inspections and review activities. Sec. 104. Enhancing transparency of drug facility inspection timelines. Sec. 105. Advanced manufacturing technologies program. TITLE II--TAX INCENTIVES TO INCREASE DOMESTIC PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION Sec. 201. Credit for pharmaceutical and medical device production activities in distressed zones. TITLE I--HEALTH PROVISIONS SEC. 101. REPORT TO CONGRESS ON BARRIERS TO DOMESTIC MANUFACTURING OF MEDICAL PRODUCTS. (a) Report.--Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, the Secretary of the Treasury, the Secretary of Commerce, and the United States Trade Representative (collectively referred to in this section as the ``Secretaries'') shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on barriers to domestic manufacturing of active pharmaceutical ingredients, finished drug products, and devices that are imported from outside of the United States. (b) Contents.--Such report shall-- (1) identify factors that limit or otherwise discourage the domestic manufacturing of active pharmaceutical ingredients, drugs, and devices that are currently imported from outside of the United States, including any Federal, State, local, or Tribal laws that hinder domestic manufacturing opportunities; and (2) recommend specific strategies to overcome the challenges identified under paragraph (1), including strategies-- (A) to develop effective incentives for domestic manufacturing; and (B) to make changes to laws or regulations that hinder domestic manufacturing opportunities. (c) Consultation.--In preparing the report under subsection (a), the Secretaries shall consult with-- (1) the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Department of Defense, the Department of State, the Department of Veterans Affairs, the Department of Justice, and any other Federal agencies as appropriate; and (2) relevant stakeholders, including drug, device, and active pharmaceutical ingredient manufacturers, and other entities, as appropriate. (d) Definition.--In this section, the term ``active pharmaceutical ingredient'' has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). (e) Publication.--The Secretary shall make the report under subsection (a) available on the public website of the Department of Health and Human Services. SEC. 102. ENHANCE INTRA-AGENCY COORDINATION AND PUBLIC HEALTH ASSESSMENT WITH REGARD TO COMPLIANCE ACTIVITIES. (a) Coordination.--Section 506D of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356d) is amended by adding at the end the following: ``(g) Coordination.--The Secretary shall ensure timely and effective internal coordination and alignment among the field investigators of the Food and Drug Administration and the staff of the Center for Drug Evaluation and Research's Office of Compliance and Drug Shortage Program regarding the reviews of reports shared pursuant to section 704(b)(2), and any feedback or corrective or preventive actions in response to such reports.''. (b) Reporting.--Section 506C-1(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356c-1(a)(2)) is amended to read as follows: ``(2)(A) describes the communication between the field investigators of the Food and Drug Administration and the staff of the Center for Drug Evaluation and Research's Office of Compliance and Drug Shortage Program, including the Food and Drug Administration's procedures for enabling and ensuring such communication; ``(B) provides the number of reports described in section 704(b)(2) that were required to be sent to the appropriate offices of the Food and Drug Administration with expertise regarding drug shortage and the number of such reports that were sent; and ``(C) describes the adoption and utilization of the approach described in section 506D(g);''. (c) Applicability.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply beginning on the date of enactment of this Act. (2) Subsection (b).--The amendment made by subsection (b) shall apply beginning on the date that is 1 year after the date of enactment of this Act. SEC. 103. REPORTING OF MUTUAL RECOGNITION AGREEMENTS FOR INSPECTIONS AND REVIEW ACTIVITIES. (a) In General.--Not later than the end of calendar year 2020, and annually thereafter, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall publish a report on the public website of the Food and Drug Administration on the utilization of agreements entered into pursuant to section 809 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e) or otherwise entered into by the Secretary to recognize inspections between drug regulatory authorities across countries and international regions with analogous review criteria to the Food and Drug Administration, such as the Pharmaceutical Inspection Co-Operation Scheme, the Mutual Recognition Agreement with the European Union, and the Australia- Canada-Singapore-Switzerland Consortium, in the previous fiscal year. (b) Content.--The report under subsection (a) shall include each of the following: (1) The total number of establishments that are registered under section 510(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)), and of such establishments, the number in each region of interest. (2) The total number of inspections conducted as described in subparagraphs (A) and (B) of paragraph (5) at establishments described in paragraph (1). (3) Of the inspections described in paragraph (2), the total number of inspections in each of region of interest. (4) Of the inspections in each region of interest reported pursuant to paragraph (3), the number of inspections in each FDA inspection category. (5) Of the number of inspections reported under each of paragraphs (3) and (4)-- (A) the number of inspections which have been conducted pursuant to an agreement or other recognition described in subsection (a); and (B) the number of inspections which have been conducted by employees or contractors of the Food and Drug Administration. (c) Definitions.--In this subsection: (1) FDA inspection category.--The term ``FDA inspection category'' means the following inspection categories: (A) Inspections to support approvals of changes to the manufacturing process of drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262). (B) Good manufacturing practice surveillance inspections. (C) For-cause inspections. (2) Region of interest.--The term ``region of interest'' means China, India, the European Union, and any other geographic region as the Secretary determines appropriate. SEC. 104. ENHANCING TRANSPARENCY OF DRUG FACILITY INSPECTION TIMELINES. Section 902 of the FDA Reauthorization Act of 2017 (21 U.S.C. 355 note) is amended to read as follows: ``SEC. 902. ANNUAL REPORT ON INSPECTIONS. ``Not later than March 1 of each year, the Secretary of Health and Human Services shall post on the public website of the Food and Drug Administration information related to inspections of facilities, including inspections that are necessary for approval of a drug under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), approval of a device under section 515 of such Act (21 U.S.C. 360e), or clearance of a device under section 510(k) of such Act (21 U.S.C. 360(k)) that were conducted during the previous calendar year. Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). ``(2) The median time from the issuance of a report pursuant to section 704(b) of such Act (21 U.S.C. 374(b)) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). ``(3) The median time from the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting to resolution of the actions indicated to address the conditions or practices observed during an inspection. ``(4) The number of facilities that were unable to implement requested corrective or preventive actions following a report pursuant to such section 704(b), resulting in a withhold recommendation, including the number of such times for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1).''. SEC. 105. ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by adding at the end the following: ``SEC. 524B. ADVANCED MANUFACTURING TECHNOLOGIES PROGRAM. ``(a) In General.--Not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, the Secretary shall continue in effect the programs to facilitate the development and review of an application under subsection (b) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act for a drug or biological product that is manufactured using one of more advanced manufacturing technologies that have been designated in accordance with subsection (b). ``(b) Designation.--The Secretary shall designate a method of manufacturing or development of a drug or biological product as an advanced manufacturing technology under this section if it incorporates a novel technology or uses an established technique or technology in a novel way that-- ``(1) enhances drug quality; or ``(2) improves the flexibility, robustness, or efficiency of the manufacturing process to-- ``(A) prevent or resolve a drug shortage; ``(B) reduce premarket development time; or ``(C) increase the supply of drugs described in paragraph (1) or (2) of section 506C(a) for national emergencies. ``(c) Consultation.--If the Secretary designates a method of manufacturing as an advanced manufacturing technology under this section, the Secretary shall take actions to expedite the development and implementation of such method of manufacture for purposes of approval of an application under subsection (c) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act, which may include, as appropriate, holding meetings between the sponsor of the application and appropriate Food and Drug Administration staff throughout the development of the drug of biological product using such advanced manufacturing technology. ``(d) Evaluation of an Advanced Manufacturing Technology.-- ``(1) Package.--A person who seeks designation of an advanced manufacturing technology under this section shall submit to the Secretary a package of scientific evidence supporting the implementation of the advanced manufacturing technology in a particular context-of-use. The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(2) Evaluation.--Within 90 days of receiving a package under paragraph (1), the Secretary shall determine whether a designated advanced manufacturing technology is validated for the proposed context of use based on the scientific merit the supporting evidence provided by the sponsor. ``(3) Effect of designation.--Upon designation of an advanced manufacturing technology, the holder of the advanced manufacturing technology designation, or a person the advanced manufacturing technology designation holder authorizes, may rely upon the advanced manufacturing technology for use across multiple manufacturing or product lines within the same context-of-use without having to re-submit data to the Secretary validating the underlying technology. ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. ``(2) Program guidance.--The Secretary shall-- ``(A) not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, issue draft guidance regarding the goals and implementation of the program under this section; and ``(B) not later than 2 years after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, issue final guidance with respect to the implementation of such program. ``(3) Report.--The Secretary shall make available on the public website of the Food and Drug Administration an annual report on the progress of the programs under this section.''. TITLE II--TAX INCENTIVES TO INCREASE DOMESTIC PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION SEC. 201. CREDIT FOR PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION ACTIVITIES IN DISTRESSED ZONES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45U. DISTRESSED ZONE PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION CREDIT. ``(a) In General.--For purposes of section 38, the distressed zone pharmaceutical and medical device production credit for the taxable year shall be an amount equal to the applicable percentage of the qualified production activity expenditures of the taxpayer for the taxable year. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `applicable percentage' means 25 percent. ``(2) Increased amount where employees reside in distressed zone.--In the case of any qualified pharmaceutical or medical device production business a substantial portion of the employees of which reside in a distressed zone, the applicable percentage shall be 30 percent. ``(c) Qualified Production Activity Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified production activity expenditures' means-- ``(A) wages paid or incurred to an employee of the taxpayer for services performed by such employee in the conduct of a qualified pharmaceutical or diagnostic medical device production business in a distressed zone (but only if the employee's principal place of employment is in a distressed zone), and ``(B) qualified pharmaceutical or medical device production expenditures. ``(2) Qualified pharmaceutical or medical device production business.-- ``(A) In general.--The term `qualified pharmaceutical or medical device production business' means the trade or business of producing qualified pharmaceuticals in commercial quantities. ``(B) Qualified pharmaceuticals.-- ``(i) In general.--The term `qualified pharmaceuticals' means pharmaceuticals, active pharmaceutical ingredients, excipients, medical diagnostic devices, or personal protective equipment. ``(ii) Pharmaceutical.--The term `pharmaceuticals'-- ``(I) means any drug (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act), and ``(II) includes a biological product (as defined in section 351 of the Public Health Service Act). ``(iii) Active pharmaceutical ingredient.-- The term `active pharmaceutical ingredients' has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). ``(iv) Excipient.--The term `excipient'-- ``(I) means any inactive ingredient that is intentionally added to a pharmaceutical that is not intended to exert therapeutic effects at the intended dosage, other than by acting to improve product delivery, and ``(II) includes any such filler, extenders, diluent, wetting agent, solvent, emulsifier, preservative, flavor, absorption enhancer, sustained release matrix, and coloring agent. ``(v) Medical diagnostic device.--The term `medical diagnostic device' means any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) intended for use in the diagnosis of disease or other conditions. ``(vi) Personal protective equipment.--The term `personal protective equipment' means-- ``(I) any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) that is a face mask, filtering facepiece respirator, face shield, surgical mask, gown, other apparel, or glove that is intended for a medical purpose, and ``(II) any particulate filtering air purifying respiratory protective device that is approved by the National Institute for Occupational Safety and Health under part 84 of title 42, Code of Federal Regulations (or successor regulations). ``(3) Certain health plan expenses treated as wages.-- ``(A) In general.--The term `wages' shall include so much of the eligible employer's qualified health plan expenses as are properly allocable to such wages. ``(B) Qualified health plan expenses.--For purposes of this paragraph, the term `qualified health plan expenses' means amounts paid or incurred by the eligible employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. ``(C) Allocation rules.--For purposes of this paragraph, qualified health plan expenses shall be allocated to qualified wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among employees and pro rata on the basis of periods of coverage (relative to the periods to which such wages relate). ``(4) Qualified pharmaceutical or medical device production expenditures.-- ``(A) Definition.--The term `qualified pharmaceutical or medical device production expenditures' means amount paid or incurred (whether or not chargeable to capital account) for qualified property used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(B) Qualified property.-- ``(i) In general.--The term `qualified property' means any tangible personal property (other than a building or its structural components) used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(ii) Exception.--Such term shall not include any property described in section 50(b) (determined as if the United States included Puerto Rico). ``(d) Distressed Zone.--For purposes of this section, the term `distressed zone' means a population census tract which-- ``(1) has been designated as a qualified opportunity zone under section 1400Z-1, and ``(2) has a poverty rate in excess of 30 percent for the calendar year prior to the calendar year that includes the date of enactment of this section. ``(e) Special Rules.-- ``(1) Application to united states shareholders of controlled foreign corporations.-- ``(A) In general.--In the case of a domestic corporation that is a United States shareholder of a qualified controlled foreign corporation, the credit under subsection (a) (determined without regard to this paragraph) shall be increased by an amount equal to 30 percent of the corporation's pro rata share (determined under rules similar to the rules of section 951(a)(2)) of qualified production activity expenditures of such controlled foreign corporation for the taxable year of the qualified controlled foreign corporation ending with or within the taxable year of the domestic corporation. ``(B) Qualified corporation.--For purposes of subparagraph (A), the term `qualified controlled foreign corporation' means, for any taxable year, a controlled foreign corporation which does not have gross income that is effectively connected with the conduct of a trade or business within the United States for such taxable year. ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. ``(3) Coordination with other credits.--Any qualified production activity expenditures taken into account in determining the amount of the credit under subsection (a) shall not be taken into account in determining a credit under any other provision of this chapter. ``(f) Recapture.-- ``(1) In general.--If, during any taxable year, property take into account under subsection (c)(1)(B) is disposed of, or otherwise ceases to be used by the taxpayer in the active trade or business of producing qualified pharmaceuticals in commercial quantities, before the close of the recapture period, then the tax under this chapter for such taxable year shall be increased by the recapture percentage of the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted solely from reducing to zero any credit determined under this section with respect to such property. ``(2) Recapture percentage.--For purposes of subparagraph (A), the recapture percentage shall be determined in the same manner as under section 50(a)(1)(B). ``(3) Application to united states shareholders.--In the case of any taxpayer to whom a credit is allowed by reason of subsection (e)(1), paragraph (1) shall be applied by substituting `the controlled foreign corporation with respect to which the taxpayer is a United States shareholder' for `the taxpayer'. ``(4) Application of other rules.--For purposes of this paragraph, rules similar to the rules of paragraphs (3), (4), and (5) (other than subparagraph (A) thereof) of section 50(a)(1) shall apply.''. (b) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U,''. (c) Credit Allowed Against Base Erosion Anti-Abuse Tax.--Section 59A(b)(1)(B)(ii) of such Code is amended by striking ``plus'' at the end of subclause (I), by redesignating subclause (II) as subclause (III), and by inserting after subclause (I) (as so amended) the following new subclause: ``(II) the credit allowed under section 38 for the taxable year which is properly allocable to the distressed zone pharmaceutical and medical device production credit determined under section 45U(a), plus''. (d) Denial of Deduction.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(i) Distressed Zone Pharmaceutical and Medical Device Production Credit.--No deduction shall be allowed for that portion of the qualified production activity expenditures (as defined in section 45U(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the distressed zone pharmaceutical and medical device production credit determined for such taxable year under section 45U(a).''. (e) Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a).''. (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 45U. Distressed zone pharmaceutical and medical device production credit.''. (g) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. <all>

MADE in America Act

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes.

MADE in America Act Manufacturing API, Drugs, and Excipients in America Act

Rep. Carter, Earl L. "Buddy"

R

GA

This bill establishes a tax credit for taxpayers engaged in medical production activities in certain areas and contains other provisions related to pharmaceuticals. An eligible taxpayer may claim a tax credit equal to 25% of qualified expenditures related to the production of pharmaceuticals, medical devices, or other related items in a designated qualified opportunity zone with a poverty rate higher than 30%. The bill provides for increases to this tax credit in certain situations, such as if a substantial portion of the employees reside in areas with certain poverty levels. In addition, the Food and Drug Administration (FDA) must continue programs to facilitate the development and review of new drug or biological products that are manufactured using certain advanced manufacturing technologies. The bill imposes various requirements on these programs, including deadlines for evaluating such a technology. Furthermore, the Department of Health and Human Services must ensure timely and effective internal coordination and alignment between FDA field investigators and the staff of the Center for Drug Evaluation and Research's Office of Compliance and Drug Shortage Program regarding reports and feedback related to facility inspections.

SHORT TITLE. This Act may be cited as the ``Manufacturing API, Drugs, and Excipients in America Act'' or the ``MADE in America Act''. TABLE OF CONTENTS. 1. 2. Report to Congress on barriers to domestic manufacturing of medical products. Reporting of mutual recognition agreements for inspections and review activities. Advanced manufacturing technologies program. (a) Coordination.--Section 506D of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (2) Subsection (b).--The amendment made by subsection (b) shall apply beginning on the date that is 1 year after the date of enactment of this Act. 360(i)), and of such establishments, the number in each region of interest. 355) or section 351 of the Public Health Service Act (42 U.S.C. ANNUAL REPORT ON INSPECTIONS. 360(k)) that were conducted during the previous calendar year. ``(3) The median time from the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting to resolution of the actions indicated to address the conditions or practices observed during an inspection. SEC. is amended by adding at the end the following: ``SEC. The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. DISTRESSED ZONE PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION CREDIT. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `applicable percentage' means 25 percent. ``(iii) Active pharmaceutical ingredient.-- The term `active pharmaceutical ingredients' has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). ``(C) Allocation rules.--For purposes of this paragraph, qualified health plan expenses shall be allocated to qualified wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among employees and pro rata on the basis of periods of coverage (relative to the periods to which such wages relate). ``(ii) Exception.--Such term shall not include any property described in section 50(b) (determined as if the United States included Puerto Rico). ``(B) Qualified corporation.--For purposes of subparagraph (A), the term `qualified controlled foreign corporation' means, for any taxable year, a controlled foreign corporation which does not have gross income that is effectively connected with the conduct of a trade or business within the United States for such taxable year. ``(3) Coordination with other credits.--Any qualified production activity expenditures taken into account in determining the amount of the credit under subsection (a) shall not be taken into account in determining a credit under any other provision of this chapter. 45U.

SHORT TITLE. TABLE OF CONTENTS. 1. 2. Report to Congress on barriers to domestic manufacturing of medical products. Reporting of mutual recognition agreements for inspections and review activities. Advanced manufacturing technologies program. (a) Coordination.--Section 506D of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (2) Subsection (b).--The amendment made by subsection (b) shall apply beginning on the date that is 1 year after the date of enactment of this Act. 360(i)), and of such establishments, the number in each region of interest. 355) or section 351 of the Public Health Service Act (42 U.S.C. ANNUAL REPORT ON INSPECTIONS. ``(3) The median time from the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting to resolution of the actions indicated to address the conditions or practices observed during an inspection. SEC. is amended by adding at the end the following: ``SEC. The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. DISTRESSED ZONE PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION CREDIT. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `applicable percentage' means 25 percent. ``(iii) Active pharmaceutical ingredient.-- The term `active pharmaceutical ingredients' has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). ``(C) Allocation rules.--For purposes of this paragraph, qualified health plan expenses shall be allocated to qualified wages in such manner as the Secretary may prescribe. ``(ii) Exception.--Such term shall not include any property described in section 50(b) (determined as if the United States included Puerto Rico). ``(B) Qualified corporation.--For purposes of subparagraph (A), the term `qualified controlled foreign corporation' means, for any taxable year, a controlled foreign corporation which does not have gross income that is effectively connected with the conduct of a trade or business within the United States for such taxable year. 45U.

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. SHORT TITLE. This Act may be cited as the ``Manufacturing API, Drugs, and Excipients in America Act'' or the ``MADE in America Act''. TABLE OF CONTENTS. 1. 2. Report to Congress on barriers to domestic manufacturing of medical products. Enhance intra-agency coordination and public health assessment with regard to compliance activities. Reporting of mutual recognition agreements for inspections and review activities. Enhancing transparency of drug facility inspection timelines. Advanced manufacturing technologies program. 101. 102. (a) Coordination.--Section 506D of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (2) Subsection (b).--The amendment made by subsection (b) shall apply beginning on the date that is 1 year after the date of enactment of this Act. 103. 360(i)), and of such establishments, the number in each region of interest. (4) Of the inspections in each region of interest reported pursuant to paragraph (3), the number of inspections in each FDA inspection category. 355) or section 351 of the Public Health Service Act (42 U.S.C. 104. 902. ANNUAL REPORT ON INSPECTIONS. 360(k)) that were conducted during the previous calendar year. ``(3) The median time from the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting to resolution of the actions indicated to address the conditions or practices observed during an inspection. SEC. 105. is amended by adding at the end the following: ``SEC. The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(3) Effect of designation.--Upon designation of an advanced manufacturing technology, the holder of the advanced manufacturing technology designation, or a person the advanced manufacturing technology designation holder authorizes, may rely upon the advanced manufacturing technology for use across multiple manufacturing or product lines within the same context-of-use without having to re-submit data to the Secretary validating the underlying technology. DISTRESSED ZONE PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION CREDIT. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `applicable percentage' means 25 percent. ``(iii) Active pharmaceutical ingredient.-- The term `active pharmaceutical ingredients' has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). ``(C) Allocation rules.--For purposes of this paragraph, qualified health plan expenses shall be allocated to qualified wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among employees and pro rata on the basis of periods of coverage (relative to the periods to which such wages relate). ``(ii) Exception.--Such term shall not include any property described in section 50(b) (determined as if the United States included Puerto Rico). ``(B) Qualified corporation.--For purposes of subparagraph (A), the term `qualified controlled foreign corporation' means, for any taxable year, a controlled foreign corporation which does not have gross income that is effectively connected with the conduct of a trade or business within the United States for such taxable year. ``(3) Coordination with other credits.--Any qualified production activity expenditures taken into account in determining the amount of the credit under subsection (a) shall not be taken into account in determining a credit under any other provision of this chapter. ``(3) Application to united states shareholders.--In the case of any taxpayer to whom a credit is allowed by reason of subsection (e)(1), paragraph (1) shall be applied by substituting `the controlled foreign corporation with respect to which the taxpayer is a United States shareholder' for `the taxpayer'. (b) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U,''. 45U.

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. SHORT TITLE. This Act may be cited as the ``Manufacturing API, Drugs, and Excipients in America Act'' or the ``MADE in America Act''. TABLE OF CONTENTS. 1. 2. Report to Congress on barriers to domestic manufacturing of medical products. Enhance intra-agency coordination and public health assessment with regard to compliance activities. Reporting of mutual recognition agreements for inspections and review activities. Enhancing transparency of drug facility inspection timelines. Advanced manufacturing technologies program. 101. (e) Publication.--The Secretary shall make the report under subsection (a) available on the public website of the Department of Health and Human Services. 102. (a) Coordination.--Section 506D of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. (2) Subsection (b).--The amendment made by subsection (b) shall apply beginning on the date that is 1 year after the date of enactment of this Act. 103. 360(i)), and of such establishments, the number in each region of interest. (4) Of the inspections in each region of interest reported pursuant to paragraph (3), the number of inspections in each FDA inspection category. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262). 104. 355 note) is amended to read as follows: ``SEC. 902. ANNUAL REPORT ON INSPECTIONS. 360(k)) that were conducted during the previous calendar year. 356f). ``(3) The median time from the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting to resolution of the actions indicated to address the conditions or practices observed during an inspection. ``(4) The number of facilities that were unable to implement requested corrective or preventive actions following a report pursuant to such section 704(b), resulting in a withhold recommendation, including the number of such times for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1).''. SEC. 105. is amended by adding at the end the following: ``SEC. 524B. The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(3) Effect of designation.--Upon designation of an advanced manufacturing technology, the holder of the advanced manufacturing technology designation, or a person the advanced manufacturing technology designation holder authorizes, may rely upon the advanced manufacturing technology for use across multiple manufacturing or product lines within the same context-of-use without having to re-submit data to the Secretary validating the underlying technology. ``(2) Program guidance.--The Secretary shall-- ``(A) not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, issue draft guidance regarding the goals and implementation of the program under this section; and ``(B) not later than 2 years after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, issue final guidance with respect to the implementation of such program. DISTRESSED ZONE PHARMACEUTICAL AND MEDICAL DEVICE PRODUCTION CREDIT. ``(b) Applicable Percentage.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `applicable percentage' means 25 percent. ``(iii) Active pharmaceutical ingredient.-- The term `active pharmaceutical ingredients' has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). ``(iv) Excipient.--The term `excipient'-- ``(I) means any inactive ingredient that is intentionally added to a pharmaceutical that is not intended to exert therapeutic effects at the intended dosage, other than by acting to improve product delivery, and ``(II) includes any such filler, extenders, diluent, wetting agent, solvent, emulsifier, preservative, flavor, absorption enhancer, sustained release matrix, and coloring agent. ``(C) Allocation rules.--For purposes of this paragraph, qualified health plan expenses shall be allocated to qualified wages in such manner as the Secretary may prescribe. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among employees and pro rata on the basis of periods of coverage (relative to the periods to which such wages relate). ``(ii) Exception.--Such term shall not include any property described in section 50(b) (determined as if the United States included Puerto Rico). ``(B) Qualified corporation.--For purposes of subparagraph (A), the term `qualified controlled foreign corporation' means, for any taxable year, a controlled foreign corporation which does not have gross income that is effectively connected with the conduct of a trade or business within the United States for such taxable year. ``(3) Coordination with other credits.--Any qualified production activity expenditures taken into account in determining the amount of the credit under subsection (a) shall not be taken into account in determining a credit under any other provision of this chapter. ``(3) Application to united states shareholders.--In the case of any taxpayer to whom a credit is allowed by reason of subsection (e)(1), paragraph (1) shall be applied by substituting `the controlled foreign corporation with respect to which the taxpayer is a United States shareholder' for `the taxpayer'. (b) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U,''. 45U. (g) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. This Act may be cited as the ``Manufacturing API, Drugs, and Excipients in America Act'' or the ``MADE in America Act''. Report to Congress on barriers to domestic manufacturing of medical products. c) Consultation.--In preparing the report under subsection (a), the Secretaries shall consult with-- (1) the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Department of Defense, the Department of State, the Department of Veterans Affairs, the Department of Justice, and any other Federal agencies as appropriate; and (2) relevant stakeholders, including drug, device, and active pharmaceutical ingredient manufacturers, and other entities, as appropriate. (d) Definition.--In this section, the term ``active pharmaceutical ingredient'' has the meaning given to such term in section 207.1 of title 21, Code of Federal Regulations (or any successor regulations). ( e) Publication.--The Secretary shall make the report under subsection (a) available on the public website of the Department of Health and Human Services. c) Applicability.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply beginning on the date of enactment of this Act. ( a) In General.--Not later than the end of calendar year 2020, and annually thereafter, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall publish a report on the public website of the Food and Drug Administration on the utilization of agreements entered into pursuant to section 809 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 384e) or otherwise entered into by the Secretary to recognize inspections between drug regulatory authorities across countries and international regions with analogous review criteria to the Food and Drug Administration, such as the Pharmaceutical Inspection Co-Operation Scheme, the Mutual Recognition Agreement with the European Union, and the Australia- Canada-Singapore-Switzerland Consortium, in the previous fiscal year. ( 4) Of the inspections in each region of interest reported pursuant to paragraph (3), the number of inspections in each FDA inspection category. ( (c) Definitions.--In this subsection: (1) FDA inspection category.--The term ``FDA inspection category'' means the following inspection categories: (A) Inspections to support approvals of changes to the manufacturing process of drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262). ( ``Not later than March 1 of each year, the Secretary of Health and Human Services shall post on the public website of the Food and Drug Administration information related to inspections of facilities, including inspections that are necessary for approval of a drug under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), approval of a device under section 515 of such Act (21 U.S.C. 360e), or clearance of a device under section 510(k) of such Act (21 U.S.C. 360(k)) that were conducted during the previous calendar year. Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). ``(2) The median time from the issuance of a report pursuant to section 704(b) of such Act (21 U.S.C. 374(b)) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). ``(4) The number of facilities that were unable to implement requested corrective or preventive actions following a report pursuant to such section 704(b), resulting in a withhold recommendation, including the number of such times for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1).''. ``(a) In General.--Not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, the Secretary shall continue in effect the programs to facilitate the development and review of an application under subsection (b) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act for a drug or biological product that is manufactured using one of more advanced manufacturing technologies that have been designated in accordance with subsection (b). ``(d) Evaluation of an Advanced Manufacturing Technology.-- ``(1) Package.--A person who seeks designation of an advanced manufacturing technology under this section shall submit to the Secretary a package of scientific evidence supporting the implementation of the advanced manufacturing technology in a particular context-of-use. The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. ``(2) Program guidance.--The Secretary shall-- ``(A) not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, issue draft guidance regarding the goals and implementation of the program under this section; and ``(B) not later than 2 years after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, issue final guidance with respect to the implementation of such program. ``(3) Report.--The Secretary shall make available on the public website of the Food and Drug Administration an annual report on the progress of the programs under this section.''. ``(2) Increased amount where employees reside in distressed zone.--In the case of any qualified pharmaceutical or medical device production business a substantial portion of the employees of which reside in a distressed zone, the applicable percentage shall be 30 percent. ``(B) Qualified pharmaceuticals.-- ``(i) In general.--The term `qualified pharmaceuticals' means pharmaceuticals, active pharmaceutical ingredients, excipients, medical diagnostic devices, or personal protective equipment. ``(iv) Excipient.--The term `excipient'-- ``(I) means any inactive ingredient that is intentionally added to a pharmaceutical that is not intended to exert therapeutic effects at the intended dosage, other than by acting to improve product delivery, and ``(II) includes any such filler, extenders, diluent, wetting agent, solvent, emulsifier, preservative, flavor, absorption enhancer, sustained release matrix, and coloring agent. ``(v) Medical diagnostic device.--The term `medical diagnostic device' means any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) intended for use in the diagnosis of disease or other conditions. ``(B) Qualified health plan expenses.--For purposes of this paragraph, the term `qualified health plan expenses' means amounts paid or incurred by the eligible employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among employees and pro rata on the basis of periods of coverage (relative to the periods to which such wages relate). ``(B) Qualified property.-- ``(i) In general.--The term `qualified property' means any tangible personal property (other than a building or its structural components) used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(ii) Exception.--Such term shall not include any property described in section 50(b) (determined as if the United States included Puerto Rico). ``(B) Qualified corporation.--For purposes of subparagraph (A), the term `qualified controlled foreign corporation' means, for any taxable year, a controlled foreign corporation which does not have gross income that is effectively connected with the conduct of a trade or business within the United States for such taxable year. ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. ``(2) Recapture percentage.--For purposes of subparagraph (A), the recapture percentage shall be determined in the same manner as under section 50(a)(1)(B). b) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U,''. ( (d) Denial of Deduction.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(i) Distressed Zone Pharmaceutical and Medical Device Production Credit.--No deduction shall be allowed for that portion of the qualified production activity expenditures (as defined in section 45U(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the distressed zone pharmaceutical and medical device production credit determined for such taxable year under section 45U(a).''. ( e) Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. This Act may be cited as the ``Manufacturing API, Drugs, and Excipients in America Act'' or the ``MADE in America Act''. Report to Congress on barriers to domestic manufacturing of medical products. c) Consultation.--In preparing the report under subsection (a), the Secretaries shall consult with-- (1) the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Department of Defense, the Department of State, the Department of Veterans Affairs, the Department of Justice, and any other Federal agencies as appropriate; and (2) relevant stakeholders, including drug, device, and active pharmaceutical ingredient manufacturers, and other entities, as appropriate. ( e) Publication.--The Secretary shall make the report under subsection (a) available on the public website of the Department of Health and Human Services. c) Applicability.-- (1) Subsection (a).--The amendment made by subsection (a) shall apply beginning on the date of enactment of this Act. ( b) Content.--The report under subsection (a) shall include each of the following: (1) The total number of establishments that are registered under section 510(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360(i)), and of such establishments, the number in each region of interest. ( (3) Of the inspections described in paragraph (2), the total number of inspections in each of region of interest. ( 4) Of the inspections in each region of interest reported pursuant to paragraph (3), the number of inspections in each FDA inspection category. ( C) For-cause inspections. ( Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). ``(2) The median time from the issuance of a report pursuant to section 704(b) of such Act (21 U.S.C. 374(b)) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). ``(a) In General.--Not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, the Secretary shall continue in effect the programs to facilitate the development and review of an application under subsection (b) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act for a drug or biological product that is manufactured using one of more advanced manufacturing technologies that have been designated in accordance with subsection (b). ``(d) Evaluation of an Advanced Manufacturing Technology.-- ``(1) Package.--A person who seeks designation of an advanced manufacturing technology under this section shall submit to the Secretary a package of scientific evidence supporting the implementation of the advanced manufacturing technology in a particular context-of-use. The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(c) Qualified Production Activity Expenditures.--For purposes of this section-- ``(1) In general.--The term `qualified production activity expenditures' means-- ``(A) wages paid or incurred to an employee of the taxpayer for services performed by such employee in the conduct of a qualified pharmaceutical or diagnostic medical device production business in a distressed zone (but only if the employee's principal place of employment is in a distressed zone), and ``(B) qualified pharmaceutical or medical device production expenditures. ``(iv) Excipient.--The term `excipient'-- ``(I) means any inactive ingredient that is intentionally added to a pharmaceutical that is not intended to exert therapeutic effects at the intended dosage, other than by acting to improve product delivery, and ``(II) includes any such filler, extenders, diluent, wetting agent, solvent, emulsifier, preservative, flavor, absorption enhancer, sustained release matrix, and coloring agent. ``(B) Qualified health plan expenses.--For purposes of this paragraph, the term `qualified health plan expenses' means amounts paid or incurred by the eligible employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a) of such Code. ``(4) Qualified pharmaceutical or medical device production expenditures.-- ``(A) Definition.--The term `qualified pharmaceutical or medical device production expenditures' means amount paid or incurred (whether or not chargeable to capital account) for qualified property used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(B) Qualified property.-- ``(i) In general.--The term `qualified property' means any tangible personal property (other than a building or its structural components) used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. ``(4) Application of other rules.--For purposes of this paragraph, rules similar to the rules of paragraphs (3), (4), and (5) (other than subparagraph (A) thereof) of section 50(a)(1) shall apply.''. ( (c) Credit Allowed Against Base Erosion Anti-Abuse Tax.--Section 59A(b)(1)(B)(ii) of such Code is amended by striking ``plus'' at the end of subclause (I), by redesignating subclause (II) as subclause (III), and by inserting after subclause (I) (as so amended) the following new subclause: ``(II) the credit allowed under section 38 for the taxable year which is properly allocable to the distressed zone pharmaceutical and medical device production credit determined under section 45U(a), plus''. ( e) Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. Report to Congress on barriers to domestic manufacturing of medical products. Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(B) Qualified property.-- ``(i) In general.--The term `qualified property' means any tangible personal property (other than a building or its structural components) used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. e) Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. e) Publication.--The Secretary shall make the report under subsection (a) available on the public website of the Department of Health and Human Services. 4) Of the inspections in each region of interest reported pursuant to paragraph (3), the number of inspections in each FDA inspection category. ( ( c) Definitions.--In this subsection: (1) FDA inspection category.--The term ``FDA inspection category'' means the following inspection categories: (A) Inspections to support approvals of changes to the manufacturing process of drugs approved under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262). ( ``Not later than March 1 of each year, the Secretary of Health and Human Services shall post on the public website of the Food and Drug Administration information related to inspections of facilities, including inspections that are necessary for approval of a drug under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), approval of a device under section 515 of such Act (21 U.S.C. 360e), or clearance of a device under section 510(k) of such Act (21 U.S.C. 360(k)) that were conducted during the previous calendar year. Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). 374(b)) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). ``(a) In General.--Not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, the Secretary shall continue in effect the programs to facilitate the development and review of an application under subsection (b) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act for a drug or biological product that is manufactured using one of more advanced manufacturing technologies that have been designated in accordance with subsection (b). The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. ``(2) Increased amount where employees reside in distressed zone.--In the case of any qualified pharmaceutical or medical device production business a substantial portion of the employees of which reside in a distressed zone, the applicable percentage shall be 30 percent. ``(v) Medical diagnostic device.--The term `medical diagnostic device' means any device (as defined in section 201(h) of the Federal Food, Drug, and Cosmetic Act) intended for use in the diagnosis of disease or other conditions. Except as otherwise provided by the Secretary, such allocation shall be treated as properly made if made on the basis of being pro rata among employees and pro rata on the basis of periods of coverage (relative to the periods to which such wages relate). ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. b) Credit Allowed Against Alternative Minimum Tax.--Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: ``(x) the credit determined under section 45U,''. ( ( d) Denial of Deduction.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(i) Distressed Zone Pharmaceutical and Medical Device Production Credit.--No deduction shall be allowed for that portion of the qualified production activity expenditures (as defined in section 45U(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the distressed zone pharmaceutical and medical device production credit determined for such taxable year under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. Report to Congress on barriers to domestic manufacturing of medical products. Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(B) Qualified property.-- ``(i) In general.--The term `qualified property' means any tangible personal property (other than a building or its structural components) used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. e) Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. ``Not later than March 1 of each year, the Secretary of Health and Human Services shall post on the public website of the Food and Drug Administration information related to inspections of facilities, including inspections that are necessary for approval of a drug under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), approval of a device under section 515 of such Act (21 U.S.C. 360e), or clearance of a device under section 510(k) of such Act (21 U.S.C. 360(k)) that were conducted during the previous calendar year. Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). 374(b)) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). ``(a) In General.--Not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, the Secretary shall continue in effect the programs to facilitate the development and review of an application under subsection (b) or (j) of section 505 of this Act or subsection (a) or (k) of section 351 of the Public Health Service Act for a drug or biological product that is manufactured using one of more advanced manufacturing technologies that have been designated in accordance with subsection (b). The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(2) Increased amount where employees reside in distressed zone.--In the case of any qualified pharmaceutical or medical device production business a substantial portion of the employees of which reside in a distressed zone, the applicable percentage shall be 30 percent. ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. ( ( d) Denial of Deduction.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(i) Distressed Zone Pharmaceutical and Medical Device Production Credit.--No deduction shall be allowed for that portion of the qualified production activity expenditures (as defined in section 45U(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the distressed zone pharmaceutical and medical device production credit determined for such taxable year under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. Report to Congress on barriers to domestic manufacturing of medical products. Such information shall include the following: ``(1) The median time following a request from staff of the Food and Drug Administration reviewing an application or report to the beginning of the inspection, including-- ``(A) the median time for drugs described in section 505(j)(11)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(11)(A)(i)); ``(B) the median time for drugs described in section 506C(a) of such Act (21 U.S.C. 356c(a)) only; and ``(C) the median time for drugs on the drug shortage list in effect under section 506E of such Act (21 U.S.C. 356f). ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. ``(B) Qualified property.-- ``(i) In general.--The term `qualified property' means any tangible personal property (other than a building or its structural components) used in the conduct of a qualified pharmaceutical or medical device production business in a distressed zone (but only if the primary use of such property is in a distressed zone). ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. e) Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. ``Not later than March 1 of each year, the Secretary of Health and Human Services shall post on the public website of the Food and Drug Administration information related to inspections of facilities, including inspections that are necessary for approval of a drug under subsection (c) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355), approval of a device under section 515 of such Act (21 U.S.C. 360e), or clearance of a device under section 510(k) of such Act (21 U.S.C. 360(k)) that were conducted during the previous calendar year. 374(b)) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). The Secretary shall assist with the development of such package by-- ``(A) providing timely advice to, and interactive communication with, the sponsor regarding the development of the technology; and ``(B) involving senior managers and experienced staff of the Food and Drug Administration, as appropriate, in a collaborative, cross-disciplinary review of the method of manufacturing. ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. ( ( d) Denial of Deduction.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(i) Distressed Zone Pharmaceutical and Medical Device Production Credit.--No deduction shall be allowed for that portion of the qualified production activity expenditures (as defined in section 45U(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the distressed zone pharmaceutical and medical device production credit determined for such taxable year under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. ``(e) Implementation and Reporting.-- ``(1) Public meeting.--The Secretary shall publish in the Federal Register a notice of a public meeting, to be held not later than 1 year after the date of enactment of the Manufacturing API, Drugs, and Excipients in America Act, to discuss and obtain input and recommendations from stakeholders regarding the goals and scope of, and a suitable framework and procedures and requirements for, the program under this section. ( e) Part of General Business Credit.--Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(34) the distressed zone pharmaceutical and medical device production credit determined under section 45U(a).''. (

To mitigate drug shortages and provide incentives for maintaining, expanding, and relocating the manufacturing of active pharmaceutical ingredients, excipients, medical diagnostic devices, pharmaceuticals, and personal protective equipment in the United States, and for other purposes. 374(b)) to the sending of a warning letter, issuance of an import alert, or holding of a regulatory meeting for inspections for which the Secretary concluded that regulatory or enforcement action was indicated, including the median time for each category of drugs listed in subparagraphs (A) through (C) of paragraph (1). ``(2) Reduction in basis.--If a credit is determined under this section with respect to any property by reason of any qualified production activity expenditures described in subsection (b)(1)(B), the basis of such property shall be reduced by the amount of the credit so determined. ( ( d) Denial of Deduction.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(i) Distressed Zone Pharmaceutical and Medical Device Production Credit.--No deduction shall be allowed for that portion of the qualified production activity expenditures (as defined in section 45U(b)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the distressed zone pharmaceutical and medical device production credit determined for such taxable year under section 45U(a).''. (

S.323

Education

This bill terminates the Department of Education on December 31, 2021.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF THE DEPARTMENT OF EDUCATION. The Department of Education shall terminate on December 31, 2021. <all>

A bill to terminate the Department of Education.

A bill to terminate the Department of Education.

Official Titles - Senate Official Title as Introduced A bill to terminate the Department of Education.

Sen. Paul, Rand

R

KY

This bill terminates the Department of Education on December 31, 2021.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF THE DEPARTMENT OF EDUCATION. The Department of Education shall terminate on December 31, 2021. <all>

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF THE DEPARTMENT OF EDUCATION. The Department of Education shall terminate on December 31, 2021. <all>

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF THE DEPARTMENT OF EDUCATION. The Department of Education shall terminate on December 31, 2021. <all>

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF THE DEPARTMENT OF EDUCATION. The Department of Education shall terminate on December 31, 2021. <all>

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

To terminate the Department of Education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1.

H.R.6217

Commerce

Expanding Access to Affordable Credit for Small Businesses Act This bill establishes rules related to the authorization of lending institutions (including banks, small business lending companies, non-federally regulated lenders, and non-depository lending institutions) to make loans under the 7(a) Program of the Small Business Administration (SBA). Under the 7(a) Program, the SBA provides business loans and loan guaranties to small business borrowers unable to obtain financing elsewhere. Specifically, the SBA must ensure that these lending institutions and other entities (1) provide an independent audit that examines adherence to all applicable federal laws and regulations regarding anti-money laundering, counterterrorist financing, sanctions, and financial crimes; and (2) implement a compliance program that is designed to conform with relevant anti-money laundering laws and regulations.

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business 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 ``Expanding Access to Affordable Credit for Small Businesses Act''. SEC. 2. LICENSING OF LENDING INSTITUTIONS. (a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(B) Criteria.--In authorizing lending institutions under subparagraph (A), the Administrator shall ensure that each such institution-- ``(i) provides an independent audit by a third party or internal audit department that examines adherence to all applicable Federal laws and regulations relating to anti-money laundering, terrorist financing, sanctions, and financial crimes; and ``(ii) has in place a compliance program that conforms with the requirements described in the `Bank Secrecy Act/Anti-Money Laundering Examination Manual' of the Financial Institutions Examination Council and other applicable Federal anti-money laundering regulatory guidance, including-- ``(I) an annual financial crimes risk assessment; ``(II) designation of an individual to serve as an anti-money laundering officer; ``(III) a customer identification program; ``(IV) customer due diligence and enhanced due diligence; ``(V) suspicious activity monitoring and reporting; ``(VI) information sharing; ``(VII) record retention; ``(VIII) sanctions implemented by the Office of Foreign Assets Control; ``(IX) annual employee training, including general training and job- specific training; and ``(X) monitoring and testing. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(E) Reports.--Not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes, with respect to the year preceding the report-- ``(i) the number of lending institutions that applied to make loans under this subsection; ``(ii) the number of such lending institutions that the Administrator approved to make loans under this subsection; ``(iii) the reason for any denial of an application of such a lending institution; ``(iv) the number and total amount of loans made by under this subsection by lending institutions; and ``(v) demographic information on the recipients of the loans described in clause (iv). ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(ii) Lending institution.--The term `lending institution' has the meaning given such term by the Administrator and shall include a small business lending company, a non-Federally regulated lender, a nondepository lending institution, or a bank. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a). <all>

Expanding Access to Affordable Credit for Small Businesses Act

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes.

Expanding Access to Affordable Credit for Small Businesses Act

Rep. Donalds, Byron

R

FL

This bill establishes rules related to the authorization of lending institutions (including banks, small business lending companies, non-federally regulated lenders, and non-depository lending institutions) to make loans under the 7(a) Program of the Small Business Administration (SBA). Under the 7(a) Program, the SBA provides business loans and loan guaranties to small business borrowers unable to obtain financing elsewhere. Specifically, the SBA must ensure that these lending institutions and other entities (1) provide an independent audit that examines adherence to all applicable federal laws and regulations regarding anti-money laundering, counterterrorist financing, sanctions, and financial crimes; and (2) implement a compliance program that is designed to conform with relevant anti-money laundering laws and regulations.

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business 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 ``Expanding Access to Affordable Credit for Small Businesses Act''. SEC. 2. LICENSING OF LENDING INSTITUTIONS. (a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. ``(B) Criteria.--In authorizing lending institutions under subparagraph (A), the Administrator shall ensure that each such institution-- ``(i) provides an independent audit by a third party or internal audit department that examines adherence to all applicable Federal laws and regulations relating to anti-money laundering, terrorist financing, sanctions, and financial crimes; and ``(ii) has in place a compliance program that conforms with the requirements described in the `Bank Secrecy Act/Anti-Money Laundering Examination Manual' of the Financial Institutions Examination Council and other applicable Federal anti-money laundering regulatory guidance, including-- ``(I) an annual financial crimes risk assessment; ``(II) designation of an individual to serve as an anti-money laundering officer; ``(III) a customer identification program; ``(IV) customer due diligence and enhanced due diligence; ``(V) suspicious activity monitoring and reporting; ``(VI) information sharing; ``(VII) record retention; ``(VIII) sanctions implemented by the Office of Foreign Assets Control; ``(IX) annual employee training, including general training and job- specific training; and ``(X) monitoring and testing. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(E) Reports.--Not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes, with respect to the year preceding the report-- ``(i) the number of lending institutions that applied to make loans under this subsection; ``(ii) the number of such lending institutions that the Administrator approved to make loans under this subsection; ``(iii) the reason for any denial of an application of such a lending institution; ``(iv) the number and total amount of loans made by under this subsection by lending institutions; and ``(v) demographic information on the recipients of the loans described in clause (iv). ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. 636(a)), as added by subsection (a).

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business 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 ``Expanding Access to Affordable Credit for Small Businesses Act''. SEC. 2. LICENSING OF LENDING INSTITUTIONS. (a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. ``(B) Criteria.--In authorizing lending institutions under subparagraph (A), the Administrator shall ensure that each such institution-- ``(i) provides an independent audit by a third party or internal audit department that examines adherence to all applicable Federal laws and regulations relating to anti-money laundering, terrorist financing, sanctions, and financial crimes; and ``(ii) has in place a compliance program that conforms with the requirements described in the `Bank Secrecy Act/Anti-Money Laundering Examination Manual' of the Financial Institutions Examination Council and other applicable Federal anti-money laundering regulatory guidance, including-- ``(I) an annual financial crimes risk assessment; ``(II) designation of an individual to serve as an anti-money laundering officer; ``(III) a customer identification program; ``(IV) customer due diligence and enhanced due diligence; ``(V) suspicious activity monitoring and reporting; ``(VI) information sharing; ``(VII) record retention; ``(VIII) sanctions implemented by the Office of Foreign Assets Control; ``(IX) annual employee training, including general training and job- specific training; and ``(X) monitoring and testing. ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. 636(a)), as added by subsection (a).

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business 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 ``Expanding Access to Affordable Credit for Small Businesses Act''. SEC. 2. LICENSING OF LENDING INSTITUTIONS. (a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(B) Criteria.--In authorizing lending institutions under subparagraph (A), the Administrator shall ensure that each such institution-- ``(i) provides an independent audit by a third party or internal audit department that examines adherence to all applicable Federal laws and regulations relating to anti-money laundering, terrorist financing, sanctions, and financial crimes; and ``(ii) has in place a compliance program that conforms with the requirements described in the `Bank Secrecy Act/Anti-Money Laundering Examination Manual' of the Financial Institutions Examination Council and other applicable Federal anti-money laundering regulatory guidance, including-- ``(I) an annual financial crimes risk assessment; ``(II) designation of an individual to serve as an anti-money laundering officer; ``(III) a customer identification program; ``(IV) customer due diligence and enhanced due diligence; ``(V) suspicious activity monitoring and reporting; ``(VI) information sharing; ``(VII) record retention; ``(VIII) sanctions implemented by the Office of Foreign Assets Control; ``(IX) annual employee training, including general training and job- specific training; and ``(X) monitoring and testing. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(E) Reports.--Not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes, with respect to the year preceding the report-- ``(i) the number of lending institutions that applied to make loans under this subsection; ``(ii) the number of such lending institutions that the Administrator approved to make loans under this subsection; ``(iii) the reason for any denial of an application of such a lending institution; ``(iv) the number and total amount of loans made by under this subsection by lending institutions; and ``(v) demographic information on the recipients of the loans described in clause (iv). ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(ii) Lending institution.--The term `lending institution' has the meaning given such term by the Administrator and shall include a small business lending company, a non-Federally regulated lender, a nondepository lending institution, or a bank. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a). <all>

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business 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 ``Expanding Access to Affordable Credit for Small Businesses Act''. SEC. 2. LICENSING OF LENDING INSTITUTIONS. (a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(B) Criteria.--In authorizing lending institutions under subparagraph (A), the Administrator shall ensure that each such institution-- ``(i) provides an independent audit by a third party or internal audit department that examines adherence to all applicable Federal laws and regulations relating to anti-money laundering, terrorist financing, sanctions, and financial crimes; and ``(ii) has in place a compliance program that conforms with the requirements described in the `Bank Secrecy Act/Anti-Money Laundering Examination Manual' of the Financial Institutions Examination Council and other applicable Federal anti-money laundering regulatory guidance, including-- ``(I) an annual financial crimes risk assessment; ``(II) designation of an individual to serve as an anti-money laundering officer; ``(III) a customer identification program; ``(IV) customer due diligence and enhanced due diligence; ``(V) suspicious activity monitoring and reporting; ``(VI) information sharing; ``(VII) record retention; ``(VIII) sanctions implemented by the Office of Foreign Assets Control; ``(IX) annual employee training, including general training and job- specific training; and ``(X) monitoring and testing. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(E) Reports.--Not later than 1 year after the date of the enactment of this paragraph, and annually thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes, with respect to the year preceding the report-- ``(i) the number of lending institutions that applied to make loans under this subsection; ``(ii) the number of such lending institutions that the Administrator approved to make loans under this subsection; ``(iii) the reason for any denial of an application of such a lending institution; ``(iv) the number and total amount of loans made by under this subsection by lending institutions; and ``(v) demographic information on the recipients of the loans described in clause (iv). ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(ii) Lending institution.--The term `lending institution' has the meaning given such term by the Administrator and shall include a small business lending company, a non-Federally regulated lender, a nondepository lending institution, or a bank. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a). <all>

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. (

To authorize the Administrator of the Small Business Administration to license lending institutions to make loans under section 7(a) of the Small Business Act, and for other purposes. a) In General.--Section 7(a)(17) of the Small Business Act (15 U.S.C. 636(a)(17)) is amended to read as follows: ``(17) Licensing of lending institutions.-- ``(A) In general.--The Administration may license lending institutions to make loans authorized under this subsection. ``(C) Prohibition on moratorium.--The Administrator may not impose a moratorium on the licensing of lending institutions described in subparagraph (A). ``(D) New applicants.--Not later than 1 year after the date of the enactment of this paragraph, the Administrator shall begin accepting applications for the licensing of lending institutions. ``(F) Rule of construction.--Nothing in this paragraph shall be construed to provide authority to the Administrator to regulate small business lending companies, non-Federally regulated lenders, or nondepository lending institutions, or banks. ``(G) Definitions.--In this paragraph: ``(i) Bank.--The term `bank' has the meaning given in section 3 of the Federal Deposit Insurance Act. ``(iii) Non-federally regulated lender; small business lending company.--The terms `non-Federally regulated lender' and `small business lending company' have the meanings given, respectively, under section 23.''. ( b) Authorization of Appropriations.--There is authorized to be appropriated for the Office of Credit Risk Management of the Small Business Administration such sums as may be necessary to conduct oversight of lending institutions and other entities as described under paragraph (17) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)), as added by subsection (a).

H.R.8034

Energy

Preventing Investment in the Chinese Solar Economy Act This bill prohibits the use of authorities under the Defense Production Act of 1950 with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells. Additionally, the bill nullifies the Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Solar Photovoltaic Modules and Module Components (June 6, 2022).

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Be it enacted by the Senate 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 Investment in the Chinese Solar Economy Act''. SEC. 2. PROHIBITION ON THE USE OF AUTHORITIES FOR SOLAR PHOTOVOLTAIC MODULES AND MODULE COMPONENTS. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''. SEC. 3. TERMINATION OF MEMORANDUM. The memorandum of the President titled ``Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Solar Photovoltaic Modules and Module Components'' (published June 6, 2022) shall have no force or effect. <all>

Preventing Investment in the Chinese Solar Economy Act

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes.

Preventing Investment in the Chinese Solar Economy Act

Rep. Gibbs, Bob

R

OH

This bill prohibits the use of authorities under the Defense Production Act of 1950 with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells. Additionally, the bill nullifies the Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Solar Photovoltaic Modules and Module Components (June 6, 2022).

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Be it enacted by the Senate 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 Investment in the Chinese Solar Economy Act''. SEC. 2. PROHIBITION ON THE USE OF AUTHORITIES FOR SOLAR PHOTOVOLTAIC MODULES AND MODULE COMPONENTS. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''. SEC. 3. TERMINATION OF MEMORANDUM. The memorandum of the President titled ``Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Solar Photovoltaic Modules and Module Components'' (published June 6, 2022) shall have no force or effect. <all>

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Be it enacted by the Senate 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 Investment in the Chinese Solar Economy Act''. SEC. 2. PROHIBITION ON THE USE OF AUTHORITIES FOR SOLAR PHOTOVOLTAIC MODULES AND MODULE COMPONENTS. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''. SEC. 3. TERMINATION OF MEMORANDUM. The memorandum of the President titled ``Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Solar Photovoltaic Modules and Module Components'' (published June 6, 2022) shall have no force or effect. <all>

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Be it enacted by the Senate 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 Investment in the Chinese Solar Economy Act''. SEC. 2. PROHIBITION ON THE USE OF AUTHORITIES FOR SOLAR PHOTOVOLTAIC MODULES AND MODULE COMPONENTS. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''. SEC. 3. TERMINATION OF MEMORANDUM. The memorandum of the President titled ``Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Solar Photovoltaic Modules and Module Components'' (published June 6, 2022) shall have no force or effect. <all>

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Be it enacted by the Senate 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 Investment in the Chinese Solar Economy Act''. SEC. 2. PROHIBITION ON THE USE OF AUTHORITIES FOR SOLAR PHOTOVOLTAIC MODULES AND MODULE COMPONENTS. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''. SEC. 3. TERMINATION OF MEMORANDUM. The memorandum of the President titled ``Memorandum on Presidential Determination Pursuant to Section 303 of the Defense Production Act of 1950, as amended, on Solar Photovoltaic Modules and Module Components'' (published June 6, 2022) shall have no force or effect. <all>

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

To amend the Defense Production Act of 1950 to prohibit the use of certain authorities under that Act with respect to solar photovoltaic modules and module components, and for other purposes. Section 104 of the Defense Production Act of 1950 (50 U.S.C. 4514) is amended by adding at the end the following: ``(c) Electric Vehicles and Related Technology.--The authorities provided under this title and title III may not be used with respect to solar photovoltaic modules and module components, including ingots, wafers, solar glass, and cells.''.

H.R.8322

Government Operations and Politics

Strengthening Tools to Obstruct and Prevent Fraud Act of 2022 or the STOP Fraud Act This bill addresses issues of fraud and improper payments, including by establishing the Federal Real Antifraud Unified Directorate within the Office of Management and Budget (OMB). The bill requires agencies to designate any program exceeding certain payments thresholds as a program susceptible to significant improper payments and to implement proactive analytics for a high-risk area of each designated program. The OMB must designate any program with outlays equal to or in excess of $50 billion with respect to the preceding fiscal year as a high-priority program. An agency administering a high-priority program must develop a plan to implement anti-fraud controls that include digital identity-proofing solutions, threat intelligence, and proactive analytics. Such plan must take into consideration the administrative burden of implementing such anti-fraud controls. The bill establishes in the Treasury a Program Integrity Fund. The bill modifies improper payments provisions, including by requiring compliance reports by inspectors general of executive agencies at least every three fiscal years (currently, annually).

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Tools to Obstruct and Prevent Fraud Act of 2022'' or the ``STOP Fraud Act''. SEC. 2. FEDERAL REAL ANTI-FRAUD UNIFIED DIRECTORATE. Subchapter I of chapter 5 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 508. Federal Real Anti-fraud Unified Directorate ``(a) Establishment.-- ``(1) In general.--There is established within the Office of Management and Budget an office to be known as the Federal Real Anti-fraud Unified Directorate or the FRAUD. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. ``(b) Duties.--The Administrator shall do the following: ``(1) Carry out the duties prescribed to the Administrator under section 3360. ``(2) Coordinate activities related to reducing and preventing fraud and improper payments-- ``(A) sharing leading practices and tools with agencies; ``(B) providing technical assistance to agencies in implementing the fraud risk management activities described in the GAO Fraud Risk Management Framework; and ``(C) assisting agencies in the collection and use of data, including by assisting agencies in-- ``(i) working to overcome data sharing barriers; and ``(ii) establishing metrics and methodologies to measure the effectiveness of programs and activities employed by agencies to prevent and reduce fraud and improper payments. ``(3) Establish an online, publicly accessible dashboard on the implementation of proactive analytics in programs designated as susceptible to significant improper payments under section 3359 that-- ``(A) promotes transparency; ``(B) assists in the oversight of the implementation of proactive analytics in such programs; and ``(C) tracks cost savings, cost avoidance, and the administrative burden attributable to such programs. ``(4) Refer any fraud, waste, or abuse discovered by the Administrator to the appropriate Inspector General. ``(5) Carry out any additional duties that may be prescribed by the Director. ``(c) Additional Authorities.--The Administrator may-- ``(1) require agencies administering programs susceptible to significant improper payments to submit information as may be necessary to administer the dashboard required to be established by subsection (b)(3), and promulgate regulations that set standards for-- ``(A) the type of information to be submitted; and ``(B) the format in which such information is to be submitted; ``(2) provide technical assistance to agencies administering a high-priority program, including by-- ``(A) working on behalf of an agency administering the program to overcome any issues that prevent the agency from receiving or using data from other governmental and non-governmental entities, including by notifying Congress on behalf of the agency of any Federal laws that prevent the agency from receiving or using such data; ``(B) facilitating the collection of real-time data to implement proactive analytics, including by-- ``(i) identifying governmental or commercial solutions to facilitate such collection; and ``(ii) supporting the agency in identifying potential sources of funding to facilitate such collection; ``(C) providing non-reimbursable or reimbursable services to agencies administering the programs; and ``(D) identifying strategies that may help the program hire individuals with the requisite skills to implement proactive analytics; and ``(3) refer any fraud, waste, or abuse discovered by the Administrator to the appropriate Inspector General. ``(d) Definitions.--In this section, the terms `administrative burden', `agency administering a high-priority program', `agency administering a program susceptible to significant improper payments', `anti-fraud control', `data', and `proactive analytics' have the meanings given those terms in section 3360.''. SEC. 3. ANTI-FRAUD CONTROLS FOR PROGRAMS SUSCEPTIBLE TO SIGNIFICANT IMPROPER PAYMENTS AND HIGH-PRIORITY PROGRAMS. Subchapter IV of chapter 33 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 3359. Proactive analytics with respect to programs susceptible to significant improper payments ``(a) Designation of Programs Susceptible to Significant Improper Payments.--Not later than October 1 of each year, for that fiscal year and the next fiscal year, the head of each executive agency shall designate as a program susceptible significant improper payments each program that meets the following criteria: ``(1) With respect any program of the agency established during the preceding two fiscal years, any such program making more than $100,000,000 in payments in any one fiscal year. ``(2) For any program of the agency not established during the preceding two fiscal years, any such program that had outlays that exceeded $1,500,000,000 in the preceding fiscal year. ``(b) Implementation of Proactive Analytics for High-Risk Area.--An agency administering a program susceptible to significant improper payments shall implement proactive analytics for one high-risk area of the program. ``(c) Reports on Actions To Reduce Improper Payments.--Not later than two years after a head of an agency has designated a program as susceptible to improper payments, the head of the agency administering the program shall submit a report on efforts of the agency to reduce and prevent improper payments and fraud with respect to the program, including the following: ``(1) With respect to a program that is not a high-priority program at the time of the submission of the report, the following: ``(A) A description of the proactive analytics implemented in the two fiscal years preceding the submission of the report to reduce improper payments and fraud with respect to such program. ``(B) Metrics demonstrating the effectiveness of the proactive analytics implemented. ``(C) An analysis of whether the agency anticipates the program will remain `susceptible to improper payments' and require continued designation as such. ``(D) A plan for-- ``(i) continuing to use proactive analytics with respect to that program; ``(ii) improving the proactive analytics used with respect to that program; and ``(iii) identifying, in consultation with the Administrator of the FRAUD, additional fraud and improper payment mitigation strategies, that could be employed by the agency if the program is redesginated as a program susceptible to significant improper payments. ``(2) With respect to a program that is a high-priority program at the time of the submission of the report, the following: ``(A) A copy of the plan approved under section 3359 for the program. ``(B) Analysis of whether implementation of that plan has reduced and prevented improper payments and fraud. ``(C) If the plan has not reduced or prevented improper payments or fraud-- ``(i) an explanation of why the plan has not reduced or prevented improper payments or fraud; and ``(ii) a new plan with a different strategy developed in consultation with the Administrator of the FRAUD, to reduce or prevent improper payments or fraud. ``(D) A statement of whether the agency has what is needed with respect to internal controls, human capital, and information systems and other infrastructure, to implement the requirements described in sections 3359 and 3360. ``(E) Estimates of-- ``(i) any costs avoided and dollars saved by the implementation of sections 3359 and 3360; ``(ii) any change in administrative burden because of the implementation of sections 3359 and 3360; and ``(iii) the number of persons eligible to obtain a thing of value that did not receive such thing of value because of the implementation of sections 3359 and 3360. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(4) A description of the quality of any improper payment estimates and methodology of the agency relating to the program, including-- ``(A) challenges to accurately estimating improper payments for the program; and ``(B) plans to improve the quality of the estimates. ``Sec. 3360. Anti-fraud controls for high-priority programs ``(a) Designation.--By January 31 of each fiscal year, the Administrator shall designate for the remainder of that fiscal year and the next full fiscal year, any program with outlays in an amount equal to or in excess of $50,000,000,000 with respect to the preceding fiscal year as a high-priority program. ``(b) Plan To Implement Anti-Fraud Policy for Each High-Priority Program.-- ``(1) Plan.--The head of an agency administering a high- priority program shall develop a plan to implement anti-fraud controls for that program, that-- ``(A) at a minimum includes a plan to use-- ``(i) any solution that verifies and authenticates identity, known as `digital identity-proofing solutions', if determined necessary by the Administrator to effectively reduce and prevent fraud and improper payments in the high-priority program; ``(ii) threat intelligence, including open source intelligence and intelligence collected from locations on the internet referred to as the `deep web' and `dark web', to identify and mitigate emerging fraud threats; and ``(iii) proactive analytics; and ``(B) takes into consideration the administrative burden of implementing such anti-fraud controls, including considering the fraud risk profile (as defined in the study of the Government Accountability Office titled `Framework for Managing Fraud Risks in Federal Programs') of the program. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ``(B) Approval or denial of plan.--Not later than 60 days after the date on which the plan is submitted pursuant to subparagraph (A), the Administrator shall approve or deny such plan. ``(3) Resubmission of plan to administrator for approval in case of denial.-- ``(A) In general.--An agency that submits a plan that is denied by the Administrator under paragraph (2) shall, until such time as the Administrator approves the plan-- ``(i) revise the plan; and ``(ii) submit the plan as revised under clause (i) to the Administrator. ``(B) Approval or denial of revised plan.--The Administrator shall approve or deny a plan submitted under subparagraph (A) not later than 60 days after the Administrator receives the plan. ``(C) Technical assistance.--The Administrator may provide technical assistance to any agency required to revise a plan under subparagraph (A). ``(4) Criteria for the approval or denial of plan.--Not later than January 31 of each year, the Administrator shall provide to each agency administering a high-priority program criteria on the basis of which the Administrator will approve or deny a plan under this subsection. ``(5) Report to congress.--An agency required to submit a plan for approval under this subsection with respect a high- priority program, and has such plan denied by the Administrator three times, shall submit a report to Congress on why the plan has not been approved by the Administrator. ``(c) Program Integrity Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the Program Integrity Fund. ``(2) Use of fund.--Amounts in the fund may be allocated by the Administrator to agencies to implement plans approved by the Administrator under subsection (b). ``(3) Management of the program integrity fund.-- ``(A) Application process.--Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall-- ``(i) establish a process through which the head of an agency may request that funds be allocated from the Program Integrity Fund to the agency; and ``(ii) submit to Congress a report that describes the process established pursuant to clause (i). ``(B) Award of funds.--In determining the amount, if any, of funds to be allocated to an agency from the Program Integrity Fund under paragraph (2), the Administrator shall consider the extent to which the plan approved by the Administrator under subsection (b) of the agency-- ``(i) implements the use of proactive analytics; ``(ii) is likely to significantly reduce or prevent improper payments and fraud; and ``(iii) considers the administrative burden of implementing the plan, including whether there is a clear indication that the agency considered whether there are any anti-fraud controls other than the anti-fraud controls to be implemented under the plan that could be implemented by the agency with less of an administrative burden on individuals who interact with the program. ``(4) Authorization of appropriations.--There are authorized to be appropriated $1,000,000,000 for fiscal year 2023 for the Program Integrity Fund, to remain available until expended. ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(2) Administrative burden.--The term `administrative burden' means a cost that a person incurs in interacting with the agency to obtain a thing of value from the agency, including the following: ``(A) The amount of time and effort expended by the person to learn about-- ``(i) the nature of the thing of value; and ``(ii) how to gain access to the thing of value, including-- ``(I) any program or service of the agency through which the person may obtain the thing of value from the agency; and ``(II) any requirement and condition that must be satisfied for the person to obtain and maintain possession of the thing of value from the government program or service. ``(B) The amount of time it takes to-- ``(i) provide information and documentation to satisfy requirements to obtain and maintain possession of the thing of value; and ``(ii) respond to discretionary requests of program administrators for the purpose of obtaining and maintaining possession of the thing of value. ``(C) Any financial cost to access services that may be necessary to receive the thing of value (such as fees, legal representation, and travel costs). ``(3) Agency administering a program susceptible to significant improper payments.--The term `agency administering a program susceptible to significant improper payments' means an agency that is responsible for administering at least one program that is designated as susceptible to significant improper payments under section 3359. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(5) Anti-fraud control.--The term `anti-fraud control' means a process, system, or technology that can be implemented to prevent fraud and improper payments. ``(6) Data.--The term `data' has the meaning given the term in section 3502 of title 44. ``(7) Device metadata.--The term `device metadata' means structural or descriptive data about a connected device (as defined in section 902(a) of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1306(a))), such as data about the type, model, IP address, and geolocation of the device. ``(8) Fraud.--The term `fraud' means obtaining a thing of value through willful misrepresentation. ``(9) Proactive analytics.--The term `proactive analytics' means the collection and analysis of data (including data that is device metadata, administrative data controlled by the agency, and data from other governmental and non-governmental sources) to prevent fraud and improper payments from occurring, including by identifying anomalous or suspicious patterns that might warrant further investigation.''. SEC. 4. AMENDMENTS RELATED TO IMPROPER PAYMENTS PROVISIONS. (a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b).''; (B) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), and (10), respectively; (C) by inserting after paragraph (3) the following: ``(4) High-priority program.--The term `high-priority program' means a program designated under section 3360(a).''; and (D) by inserting after paragraph (6), as so redesignated, the following: ``(7) Program susceptible to significant improper payments.--The term `program susceptible to significant improper payments' means a program designated under section 3359(a).''; (2) in section 3352-- (A) by striking subsections (a), (b), (d), and (e); (B) by redesignating subsections (c), (f), (g), (h), and (i) as subsections (a), (b), (c), (d), and (e), respectively; (C) in subsection (a)(1), as so redesignated, by striking ``With respect to each program and activity identified under subsection (a)(1), the head of the relevant executive agency shall'' and inserting ``With respect to each program or activity with outlays exceeding $1,500,000,000, the head of the relevant executive agency shall ?''; (D) in subsection (b)(2), as so redesignated-- (i) in subparagraph (A), by striking ``and recovery actions''; (ii) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iv) by inserting after subparagraph (E), the following: ``(F) Governmentwide-- ``(i) any cost avoided by implementing sections 3359 and 3360; ``(ii) any change in administrative burden by implementing sections 3359 and 3360; and ``(iii) the number of persons eligible to obtain a thing of value that did not receive such thing of value because of the implementation of sections 3359 and 3360.''; and (E) in subsection (e), as so redesignated-- (i) in paragraph (1)(A), by striking ``shall'' and inserting ``may''; (ii) by striking paragraph (3); (iii) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and (iv) in paragraph (4), as so redesignated, by striking ``paragraph (4)'' and inserting ``paragraph (3)''; (3) in section 3353(a)-- (A) by striking ``Annual'' before ``Compliance''; and (B) in paragraph (1), by striking ``Each fiscal year'' and inserting ``Not less frequently than once every 3 fiscal years''; (4) by striking section 3355; and (5) by amending section 3357(d) to read as follows: ``(d) Reports.--For each fiscal year, the head of each agency shall submit to Congress, in the report containing the annual financial statement of the agency, a report that includes the following: ``(1) The progress of the agency in-- ``(A) implementing-- ``(i) the financial and administrative controls required to be established under subsection (c); ``(ii) the fraud risk principles in the standards established by the Government Accountability Office in the Standards for Internal Control in the Federal Government (commonly known as the Green Book); and ``(iii) the requirements in the Office of Management and Budget Circular A-123 with respect to the leading practices for managing fraud risk; ``(B) identifying fraud risks and vulnerabilities, including with respect to payroll, beneficiary payments, grants, large contracts, and purchase and travel cards; and ``(C) establishing strategies, procedures, and other steps to curb fraud. ``(2) In accordance with the report of the Government Accountability Office titled `Framework for Managing Fraud Risks in Federal Programs,', published on July 28, 2015, the following: ``(A) An identification of-- ``(i) the entity of the agency and the personnel of the entity dedicated to leading the fraud risk management activities of the agency; ``(ii) roles and responsibilities of the personnel of such entity, including any program or operation for which the personnel is responsible for overseeing; ``(iii) capacity, including any limitation, of such entity to strategically manage fraud risks; and ``(iv) any program or operation for which there is not personnel dedicated to leading fraud risk management activities, along with a detailed justification for why the agency does not have an dedicated personnel to lead fraud risk management activities. ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. ``(C) Any program or operation for which there is not a fraud risk profile, along with a detailed justification for why such program or operation does not have a fraud risk profile. ``(D) The status of any anti-fraud strategy for each program and operation of the agency, including-- ``(i) the date on which any such strategy was last updated; and ``(ii) the date on which the agency plans to next update each such strategy. ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. (b) Recovery of Costs.--Section 3806(g)(1) of title 31, United States Code, is amended to read as follows: ``(1) Recovery of costs.-- ``(A) Except as provided in paragraph (2)-- ``(i) any amount collected under this chapter or chapter 33 shall be used to reimburse any authority that obligated funds in support of efforts of the authority to reduce or prevent improper payments or fraud, including prosecution of the action, any court or hearing costs, investments in information technologies, or the hiring of additional staff related to such efforts; and ``(ii) amounts reimbursed under clause (i) shall-- ``(I) be deposited in-- ``(aa) the appropriations account of the authority from which the funds described in subparagraph (A) were obligated; ``(bb) any other similar appropriations account of the authority; or ``(cc) if the authority obligated nonappropriated funds, an appropriate account other than any account under item (aa) or (bb); and ``(II) remain available until expended. ``(B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States.''. (c) Delegation to FRAUD.--The Director of the Office of Management and Budget shall delegate to the Administrator of the FRAUD any function of the Director under subchapter IV of chapter 33 of title 31, United States Code, relating to the identification, analysis, and reduction of improper payments and fraud. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 3351.--Section 3351 of title 31, United States Code, is amended-- (1) in paragraph (2)-- (A) in subparagraph (C), by striking ``programs and activities identified'' and inserting ``programs described under''; (B) in subparagraph (F), by striking ``section 3352(c)'' and inserting ``section 3352(a)''; (C) by striking subparagraphs (B), (D), and (E); and (D) by redesignating subparagraphs (C) and (F) as subparagraphs (B) and (C) respectively; and (2) in paragraph (9), by striking ``section 3352(i)'' and inserting ``section 3352(e)''. (b) Amendment to Table of Contents.--The table of contents for-- (1) subchapter I of chapter 5 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. 508. Federal Real Anti-fraud Unified Directorate.''; and (2) subchapter IV of chapter 33 of subtitle III of title 31, United States Code, is amended by-- (A) striking the item related to section 3355; and (B) adding at the end the following new item: ``Sec. 3359. Proactive analytics with respect to programs susceptible to significant improper payments. ``Sec. 3360. Anti-fraud controls for high-priority programs.''. <all>

STOP Fraud Act

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti-fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes.

STOP Fraud Act Strengthening Tools to Obstruct and Prevent Fraud Act of 2022

Rep. Connolly, Gerald E.

D

VA

This bill addresses issues of fraud and improper payments, including by establishing the Federal Real Antifraud Unified Directorate within the Office of Management and Budget (OMB). The bill requires agencies to designate any program exceeding certain payments thresholds as a program susceptible to significant improper payments and to implement proactive analytics for a high-risk area of each designated program. The OMB must designate any program with outlays equal to or in excess of $50 billion with respect to the preceding fiscal year as a high-priority program. An agency administering a high-priority program must develop a plan to implement anti-fraud controls that include digital identity-proofing solutions, threat intelligence, and proactive analytics. Such plan must take into consideration the administrative burden of implementing such anti-fraud controls. The bill establishes in the Treasury a Program Integrity Fund. The bill modifies improper payments provisions, including by requiring compliance reports by inspectors general of executive agencies at least every three fiscal years (currently, annually).

SHORT TITLE. 2. FEDERAL REAL ANTI-FRAUD UNIFIED DIRECTORATE. ``(5) Carry out any additional duties that may be prescribed by the Director. 3. ANTI-FRAUD CONTROLS FOR PROGRAMS SUSCEPTIBLE TO SIGNIFICANT IMPROPER PAYMENTS AND HIGH-PRIORITY PROGRAMS. Subchapter IV of chapter 33 of title 31, United States Code, is amended by adding at the end the following: ``Sec. Anti-fraud controls for high-priority programs ``(a) Designation.--By January 31 of each fiscal year, the Administrator shall designate for the remainder of that fiscal year and the next full fiscal year, any program with outlays in an amount equal to or in excess of $50,000,000,000 with respect to the preceding fiscal year as a high-priority program. ``(5) Report to congress.--An agency required to submit a plan for approval under this subsection with respect a high- priority program, and has such plan denied by the Administrator three times, shall submit a report to Congress on why the plan has not been approved by the Administrator. ``(c) Program Integrity Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the Program Integrity Fund. ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(6) Data.--The term `data' has the meaning given the term in section 3502 of title 44. 4. ''; (B) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), and (10), respectively; (C) by inserting after paragraph (3) the following: ``(4) High-priority program.--The term `high-priority program' means a program designated under section 3360(a). ''; (D) in subsection (b)(2), as so redesignated-- (i) in subparagraph (A), by striking ``and recovery actions''; (ii) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iv) by inserting after subparagraph (E), the following: ``(F) Governmentwide-- ``(i) any cost avoided by implementing sections 3359 and 3360; ``(ii) any change in administrative burden by implementing sections 3359 and 3360; and ``(iii) the number of persons eligible to obtain a thing of value that did not receive such thing of value because of the implementation of sections 3359 and 3360. ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 508. 3359. Proactive analytics with respect to programs susceptible to significant improper payments. 3360.

SHORT TITLE. 2. FEDERAL REAL ANTI-FRAUD UNIFIED DIRECTORATE. ``(5) Carry out any additional duties that may be prescribed by the Director. 3. ANTI-FRAUD CONTROLS FOR PROGRAMS SUSCEPTIBLE TO SIGNIFICANT IMPROPER PAYMENTS AND HIGH-PRIORITY PROGRAMS. Anti-fraud controls for high-priority programs ``(a) Designation.--By January 31 of each fiscal year, the Administrator shall designate for the remainder of that fiscal year and the next full fiscal year, any program with outlays in an amount equal to or in excess of $50,000,000,000 with respect to the preceding fiscal year as a high-priority program. ``(5) Report to congress.--An agency required to submit a plan for approval under this subsection with respect a high- priority program, and has such plan denied by the Administrator three times, shall submit a report to Congress on why the plan has not been approved by the Administrator. ``(c) Program Integrity Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the Program Integrity Fund. ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(6) Data.--The term `data' has the meaning given the term in section 3502 of title 44. 4. ''; (D) in subsection (b)(2), as so redesignated-- (i) in subparagraph (A), by striking ``and recovery actions''; (ii) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iv) by inserting after subparagraph (E), the following: ``(F) Governmentwide-- ``(i) any cost avoided by implementing sections 3359 and 3360; ``(ii) any change in administrative burden by implementing sections 3359 and 3360; and ``(iii) the number of persons eligible to obtain a thing of value that did not receive such thing of value because of the implementation of sections 3359 and 3360. ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 508. 3359. Proactive analytics with respect to programs susceptible to significant improper payments. 3360.

SHORT TITLE. This Act may be cited as the ``Strengthening Tools to Obstruct and Prevent Fraud Act of 2022'' or the ``STOP Fraud Act''. 2. FEDERAL REAL ANTI-FRAUD UNIFIED DIRECTORATE. ``(4) Refer any fraud, waste, or abuse discovered by the Administrator to the appropriate Inspector General. ``(5) Carry out any additional duties that may be prescribed by the Director. 3. ANTI-FRAUD CONTROLS FOR PROGRAMS SUSCEPTIBLE TO SIGNIFICANT IMPROPER PAYMENTS AND HIGH-PRIORITY PROGRAMS. Subchapter IV of chapter 33 of title 31, United States Code, is amended by adding at the end the following: ``Sec. ``(D) A statement of whether the agency has what is needed with respect to internal controls, human capital, and information systems and other infrastructure, to implement the requirements described in sections 3359 and 3360. Anti-fraud controls for high-priority programs ``(a) Designation.--By January 31 of each fiscal year, the Administrator shall designate for the remainder of that fiscal year and the next full fiscal year, any program with outlays in an amount equal to or in excess of $50,000,000,000 with respect to the preceding fiscal year as a high-priority program. ``(B) Approval or denial of plan.--Not later than 60 days after the date on which the plan is submitted pursuant to subparagraph (A), the Administrator shall approve or deny such plan. ``(5) Report to congress.--An agency required to submit a plan for approval under this subsection with respect a high- priority program, and has such plan denied by the Administrator three times, shall submit a report to Congress on why the plan has not been approved by the Administrator. ``(c) Program Integrity Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the Program Integrity Fund. ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(6) Data.--The term `data' has the meaning given the term in section 3502 of title 44. ``(7) Device metadata.--The term `device metadata' means structural or descriptive data about a connected device (as defined in section 902(a) of the Consolidated Appropriations Act, 2021 (47 U.S.C. 4. ''; (B) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), and (10), respectively; (C) by inserting after paragraph (3) the following: ``(4) High-priority program.--The term `high-priority program' means a program designated under section 3360(a). ''; (D) in subsection (b)(2), as so redesignated-- (i) in subparagraph (A), by striking ``and recovery actions''; (ii) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iv) by inserting after subparagraph (E), the following: ``(F) Governmentwide-- ``(i) any cost avoided by implementing sections 3359 and 3360; ``(ii) any change in administrative burden by implementing sections 3359 and 3360; and ``(iii) the number of persons eligible to obtain a thing of value that did not receive such thing of value because of the implementation of sections 3359 and 3360. ``(2) In accordance with the report of the Government Accountability Office titled `Framework for Managing Fraud Risks in Federal Programs,', published on July 28, 2015, the following: ``(A) An identification of-- ``(i) the entity of the agency and the personnel of the entity dedicated to leading the fraud risk management activities of the agency; ``(ii) roles and responsibilities of the personnel of such entity, including any program or operation for which the personnel is responsible for overseeing; ``(iii) capacity, including any limitation, of such entity to strategically manage fraud risks; and ``(iv) any program or operation for which there is not personnel dedicated to leading fraud risk management activities, along with a detailed justification for why the agency does not have an dedicated personnel to lead fraud risk management activities. ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 508. 3359. Proactive analytics with respect to programs susceptible to significant improper payments. 3360.

SHORT TITLE. This Act may be cited as the ``Strengthening Tools to Obstruct and Prevent Fraud Act of 2022'' or the ``STOP Fraud Act''. 2. FEDERAL REAL ANTI-FRAUD UNIFIED DIRECTORATE. ``(4) Refer any fraud, waste, or abuse discovered by the Administrator to the appropriate Inspector General. ``(5) Carry out any additional duties that may be prescribed by the Director. 3. ANTI-FRAUD CONTROLS FOR PROGRAMS SUSCEPTIBLE TO SIGNIFICANT IMPROPER PAYMENTS AND HIGH-PRIORITY PROGRAMS. Subchapter IV of chapter 33 of title 31, United States Code, is amended by adding at the end the following: ``Sec. ``(B) Metrics demonstrating the effectiveness of the proactive analytics implemented. ``(D) A statement of whether the agency has what is needed with respect to internal controls, human capital, and information systems and other infrastructure, to implement the requirements described in sections 3359 and 3360. Anti-fraud controls for high-priority programs ``(a) Designation.--By January 31 of each fiscal year, the Administrator shall designate for the remainder of that fiscal year and the next full fiscal year, any program with outlays in an amount equal to or in excess of $50,000,000,000 with respect to the preceding fiscal year as a high-priority program. ``(B) Approval or denial of plan.--Not later than 60 days after the date on which the plan is submitted pursuant to subparagraph (A), the Administrator shall approve or deny such plan. ``(5) Report to congress.--An agency required to submit a plan for approval under this subsection with respect a high- priority program, and has such plan denied by the Administrator three times, shall submit a report to Congress on why the plan has not been approved by the Administrator. ``(c) Program Integrity Fund.-- ``(1) Establishment.--There is established in the Treasury of the United States a fund to be known as the Program Integrity Fund. ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(C) Any financial cost to access services that may be necessary to receive the thing of value (such as fees, legal representation, and travel costs). ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(6) Data.--The term `data' has the meaning given the term in section 3502 of title 44. ``(7) Device metadata.--The term `device metadata' means structural or descriptive data about a connected device (as defined in section 902(a) of the Consolidated Appropriations Act, 2021 (47 U.S.C. 4. ''; (B) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), and (10), respectively; (C) by inserting after paragraph (3) the following: ``(4) High-priority program.--The term `high-priority program' means a program designated under section 3360(a). ''; (D) in subsection (b)(2), as so redesignated-- (i) in subparagraph (A), by striking ``and recovery actions''; (ii) in subparagraph (D), by striking ``; and'' and inserting a semicolon; (iii) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (iv) by inserting after subparagraph (E), the following: ``(F) Governmentwide-- ``(i) any cost avoided by implementing sections 3359 and 3360; ``(ii) any change in administrative burden by implementing sections 3359 and 3360; and ``(iii) the number of persons eligible to obtain a thing of value that did not receive such thing of value because of the implementation of sections 3359 and 3360. ``(2) In accordance with the report of the Government Accountability Office titled `Framework for Managing Fraud Risks in Federal Programs,', published on July 28, 2015, the following: ``(A) An identification of-- ``(i) the entity of the agency and the personnel of the entity dedicated to leading the fraud risk management activities of the agency; ``(ii) roles and responsibilities of the personnel of such entity, including any program or operation for which the personnel is responsible for overseeing; ``(iii) capacity, including any limitation, of such entity to strategically manage fraud risks; and ``(iv) any program or operation for which there is not personnel dedicated to leading fraud risk management activities, along with a detailed justification for why the agency does not have an dedicated personnel to lead fraud risk management activities. ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. ``(D) The status of any anti-fraud strategy for each program and operation of the agency, including-- ``(i) the date on which any such strategy was last updated; and ``(ii) the date on which the agency plans to next update each such strategy. (b) Recovery of Costs.--Section 3806(g)(1) of title 31, United States Code, is amended to read as follows: ``(1) Recovery of costs.-- ``(A) Except as provided in paragraph (2)-- ``(i) any amount collected under this chapter or chapter 33 shall be used to reimburse any authority that obligated funds in support of efforts of the authority to reduce or prevent improper payments or fraud, including prosecution of the action, any court or hearing costs, investments in information technologies, or the hiring of additional staff related to such efforts; and ``(ii) amounts reimbursed under clause (i) shall-- ``(I) be deposited in-- ``(aa) the appropriations account of the authority from which the funds described in subparagraph (A) were obligated; ``(bb) any other similar appropriations account of the authority; or ``(cc) if the authority obligated nonappropriated funds, an appropriate account other than any account under item (aa) or (bb); and ``(II) remain available until expended. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 508. 3359. Proactive analytics with respect to programs susceptible to significant improper payments. 3360.

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. ``(3) Establish an online, publicly accessible dashboard on the implementation of proactive analytics in programs designated as susceptible to significant improper payments under section 3359 that-- ``(A) promotes transparency; ``(B) assists in the oversight of the implementation of proactive analytics in such programs; and ``(C) tracks cost savings, cost avoidance, and the administrative burden attributable to such programs. ``(4) Refer any fraud, waste, or abuse discovered by the Administrator to the appropriate Inspector General. ``(d) Definitions.--In this section, the terms `administrative burden', `agency administering a high-priority program', `agency administering a program susceptible to significant improper payments', `anti-fraud control', `data', and `proactive analytics' have the meanings given those terms in section 3360.''. Proactive analytics with respect to programs susceptible to significant improper payments ``(a) Designation of Programs Susceptible to Significant Improper Payments.--Not later than October 1 of each year, for that fiscal year and the next fiscal year, the head of each executive agency shall designate as a program susceptible significant improper payments each program that meets the following criteria: ``(1) With respect any program of the agency established during the preceding two fiscal years, any such program making more than $100,000,000 in payments in any one fiscal year. ``(B) Metrics demonstrating the effectiveness of the proactive analytics implemented. ``(D) A plan for-- ``(i) continuing to use proactive analytics with respect to that program; ``(ii) improving the proactive analytics used with respect to that program; and ``(iii) identifying, in consultation with the Administrator of the FRAUD, additional fraud and improper payment mitigation strategies, that could be employed by the agency if the program is redesginated as a program susceptible to significant improper payments. ``(B) Analysis of whether implementation of that plan has reduced and prevented improper payments and fraud. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(4) A description of the quality of any improper payment estimates and methodology of the agency relating to the program, including-- ``(A) challenges to accurately estimating improper payments for the program; and ``(B) plans to improve the quality of the estimates. Anti-fraud controls for high-priority programs ``(a) Designation.--By January 31 of each fiscal year, the Administrator shall designate for the remainder of that fiscal year and the next full fiscal year, any program with outlays in an amount equal to or in excess of $50,000,000,000 with respect to the preceding fiscal year as a high-priority program. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ``(B) Approval or denial of plan.--Not later than 60 days after the date on which the plan is submitted pursuant to subparagraph (A), the Administrator shall approve or deny such plan. ``(3) Resubmission of plan to administrator for approval in case of denial.-- ``(A) In general.--An agency that submits a plan that is denied by the Administrator under paragraph (2) shall, until such time as the Administrator approves the plan-- ``(i) revise the plan; and ``(ii) submit the plan as revised under clause (i) to the Administrator. ``(4) Criteria for the approval or denial of plan.--Not later than January 31 of each year, the Administrator shall provide to each agency administering a high-priority program criteria on the basis of which the Administrator will approve or deny a plan under this subsection. ``(2) Use of fund.--Amounts in the fund may be allocated by the Administrator to agencies to implement plans approved by the Administrator under subsection (b). ``(3) Management of the program integrity fund.-- ``(A) Application process.--Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall-- ``(i) establish a process through which the head of an agency may request that funds be allocated from the Program Integrity Fund to the agency; and ``(ii) submit to Congress a report that describes the process established pursuant to clause (i). ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(3) Agency administering a program susceptible to significant improper payments.--The term `agency administering a program susceptible to significant improper payments' means an agency that is responsible for administering at least one program that is designated as susceptible to significant improper payments under section 3359. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(9) Proactive analytics.--The term `proactive analytics' means the collection and analysis of data (including data that is device metadata, administrative data controlled by the agency, and data from other governmental and non-governmental sources) to prevent fraud and improper payments from occurring, including by identifying anomalous or suspicious patterns that might warrant further investigation.''. (a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( B) by redesignating paragraphs (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), and (10), respectively; (C) by inserting after paragraph (3) the following: ``(4) High-priority program.--The term `high-priority program' means a program designated under section 3360(a). ''; ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. ``(C) Any program or operation for which there is not a fraud risk profile, along with a detailed justification for why such program or operation does not have a fraud risk profile. ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. ( ``(B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States.''. (c) Delegation to FRAUD.--The Director of the Office of Management and Budget shall delegate to the Administrator of the FRAUD any function of the Director under subchapter IV of chapter 33 of title 31, United States Code, relating to the identification, analysis, and reduction of improper payments and fraud. b) Amendment to Table of Contents.--The table of contents for-- (1) subchapter I of chapter 5 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec.

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. ``(5) Carry out any additional duties that may be prescribed by the Director. ``(d) Definitions.--In this section, the terms `administrative burden', `agency administering a high-priority program', `agency administering a program susceptible to significant improper payments', `anti-fraud control', `data', and `proactive analytics' have the meanings given those terms in section 3360.''. Proactive analytics with respect to programs susceptible to significant improper payments ``(a) Designation of Programs Susceptible to Significant Improper Payments.--Not later than October 1 of each year, for that fiscal year and the next fiscal year, the head of each executive agency shall designate as a program susceptible significant improper payments each program that meets the following criteria: ``(1) With respect any program of the agency established during the preceding two fiscal years, any such program making more than $100,000,000 in payments in any one fiscal year. ``(D) A plan for-- ``(i) continuing to use proactive analytics with respect to that program; ``(ii) improving the proactive analytics used with respect to that program; and ``(iii) identifying, in consultation with the Administrator of the FRAUD, additional fraud and improper payment mitigation strategies, that could be employed by the agency if the program is redesginated as a program susceptible to significant improper payments. ``(2) With respect to a program that is a high-priority program at the time of the submission of the report, the following: ``(A) A copy of the plan approved under section 3359 for the program. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ``(B) Approval or denial of revised plan.--The Administrator shall approve or deny a plan submitted under subparagraph (A) not later than 60 days after the Administrator receives the plan. ``(4) Criteria for the approval or denial of plan.--Not later than January 31 of each year, the Administrator shall provide to each agency administering a high-priority program criteria on the basis of which the Administrator will approve or deny a plan under this subsection. ``(3) Management of the program integrity fund.-- ``(A) Application process.--Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall-- ``(i) establish a process through which the head of an agency may request that funds be allocated from the Program Integrity Fund to the agency; and ``(ii) submit to Congress a report that describes the process established pursuant to clause (i). ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(8) Fraud.--The term `fraud' means obtaining a thing of value through willful misrepresentation. a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. ``(B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States.''. ( b) Amendment to Table of Contents.--The table of contents for-- (1) subchapter I of chapter 5 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. ''; and (2) subchapter IV of chapter 33 of subtitle III of title 31, United States Code, is amended by-- (A) striking the item related to section 3355; and (B) adding at the end the following new item: ``Sec. Anti-fraud controls for high-priority programs.''.

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. ``(5) Carry out any additional duties that may be prescribed by the Director. ``(d) Definitions.--In this section, the terms `administrative burden', `agency administering a high-priority program', `agency administering a program susceptible to significant improper payments', `anti-fraud control', `data', and `proactive analytics' have the meanings given those terms in section 3360.''. Proactive analytics with respect to programs susceptible to significant improper payments ``(a) Designation of Programs Susceptible to Significant Improper Payments.--Not later than October 1 of each year, for that fiscal year and the next fiscal year, the head of each executive agency shall designate as a program susceptible significant improper payments each program that meets the following criteria: ``(1) With respect any program of the agency established during the preceding two fiscal years, any such program making more than $100,000,000 in payments in any one fiscal year. ``(D) A plan for-- ``(i) continuing to use proactive analytics with respect to that program; ``(ii) improving the proactive analytics used with respect to that program; and ``(iii) identifying, in consultation with the Administrator of the FRAUD, additional fraud and improper payment mitigation strategies, that could be employed by the agency if the program is redesginated as a program susceptible to significant improper payments. ``(2) With respect to a program that is a high-priority program at the time of the submission of the report, the following: ``(A) A copy of the plan approved under section 3359 for the program. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ``(B) Approval or denial of revised plan.--The Administrator shall approve or deny a plan submitted under subparagraph (A) not later than 60 days after the Administrator receives the plan. ``(4) Criteria for the approval or denial of plan.--Not later than January 31 of each year, the Administrator shall provide to each agency administering a high-priority program criteria on the basis of which the Administrator will approve or deny a plan under this subsection. ``(3) Management of the program integrity fund.-- ``(A) Application process.--Not later than 90 days after the date of the enactment of this paragraph, the Administrator shall-- ``(i) establish a process through which the head of an agency may request that funds be allocated from the Program Integrity Fund to the agency; and ``(ii) submit to Congress a report that describes the process established pursuant to clause (i). ``(d) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the FRAUD. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(8) Fraud.--The term `fraud' means obtaining a thing of value through willful misrepresentation. a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( ``(B) The status of the fraud risk profiles of each program and operation of the agency, including-- ``(i) the date on which the profiles were last updated; and ``(ii) the date on which the agency plans to next update the profile. ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. ``(B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States.''. ( b) Amendment to Table of Contents.--The table of contents for-- (1) subchapter I of chapter 5 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. ''; and (2) subchapter IV of chapter 33 of subtitle III of title 31, United States Code, is amended by-- (A) striking the item related to section 3355; and (B) adding at the end the following new item: ``Sec. Anti-fraud controls for high-priority programs.''.

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. Proactive analytics with respect to programs susceptible to significant improper payments ``(a) Designation of Programs Susceptible to Significant Improper Payments.--Not later than October 1 of each year, for that fiscal year and the next fiscal year, the head of each executive agency shall designate as a program susceptible significant improper payments each program that meets the following criteria: ``(1) With respect any program of the agency established during the preceding two fiscal years, any such program making more than $100,000,000 in payments in any one fiscal year. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(4) A description of the quality of any improper payment estimates and methodology of the agency relating to the program, including-- ``(A) challenges to accurately estimating improper payments for the program; and ``(B) plans to improve the quality of the estimates. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ``(4) Criteria for the approval or denial of plan.--Not later than January 31 of each year, the Administrator shall provide to each agency administering a high-priority program criteria on the basis of which the Administrator will approve or deny a plan under this subsection. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(9) Proactive analytics.--The term `proactive analytics' means the collection and analysis of data (including data that is device metadata, administrative data controlled by the agency, and data from other governmental and non-governmental sources) to prevent fraud and improper payments from occurring, including by identifying anomalous or suspicious patterns that might warrant further investigation.''. ( a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. ( c) Delegation to FRAUD.--The Director of the Office of Management and Budget shall delegate to the Administrator of the FRAUD any function of the Director under subchapter IV of chapter 33 of title 31, United States Code, relating to the identification, analysis, and reduction of improper payments and fraud.

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( b) Amendment to Table of Contents.--The table of contents for-- (1) subchapter I of chapter 5 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. '';

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. Proactive analytics with respect to programs susceptible to significant improper payments ``(a) Designation of Programs Susceptible to Significant Improper Payments.--Not later than October 1 of each year, for that fiscal year and the next fiscal year, the head of each executive agency shall designate as a program susceptible significant improper payments each program that meets the following criteria: ``(1) With respect any program of the agency established during the preceding two fiscal years, any such program making more than $100,000,000 in payments in any one fiscal year. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(4) A description of the quality of any improper payment estimates and methodology of the agency relating to the program, including-- ``(A) challenges to accurately estimating improper payments for the program; and ``(B) plans to improve the quality of the estimates. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ``(4) Criteria for the approval or denial of plan.--Not later than January 31 of each year, the Administrator shall provide to each agency administering a high-priority program criteria on the basis of which the Administrator will approve or deny a plan under this subsection. ``(4) Agency administering a high-priority program.--The term `agency administering a high-priority program' means an agency that is responsible for administering at least one program that is designated as high-priority under this section. ``(9) Proactive analytics.--The term `proactive analytics' means the collection and analysis of data (including data that is device metadata, administrative data controlled by the agency, and data from other governmental and non-governmental sources) to prevent fraud and improper payments from occurring, including by identifying anomalous or suspicious patterns that might warrant further investigation.''. ( a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. ( c) Delegation to FRAUD.--The Director of the Office of Management and Budget shall delegate to the Administrator of the FRAUD any function of the Director under subchapter IV of chapter 33 of title 31, United States Code, relating to the identification, analysis, and reduction of improper payments and fraud.

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( b) Amendment to Table of Contents.--The table of contents for-- (1) subchapter I of chapter 5 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. '';

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(4) A description of the quality of any improper payment estimates and methodology of the agency relating to the program, including-- ``(A) challenges to accurately estimating improper payments for the program; and ``(B) plans to improve the quality of the estimates. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ( a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. (

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(2) Administrator.--There shall be at the head of the FRAUD an Administrator who shall be-- ``(A) appointed by the President; and ``(B) compensated at the rate of pay in effect for level III of the Executive Schedule under section 5314. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( b) Amendment to Table of Contents.--The table of contents for-- (1) subchapter I of chapter 5 of subtitle I of title 31, United States Code, is amended by adding at the end the following: ``Sec. '';

To amend title 31, United States Code, to establish the Federal Real Anti-fraud Unified Directorate, to require agencies implement anti- fraud controls for programs susceptible to significant improper payments and high-priority programs, and for other purposes. ``(3) Whether the information technology (as defined in section 11101 of title 40) used by the agency with respect to the program is capable of delivering real-time data-- ``(A) to the Administrator of the FRAUD for inclusion in the dashboard required to be established by section 508(b)(3); and ``(B) for the purpose of implementing proactive analytics, as required under section 3359 and 3360. ``(4) A description of the quality of any improper payment estimates and methodology of the agency relating to the program, including-- ``(A) challenges to accurately estimating improper payments for the program; and ``(B) plans to improve the quality of the estimates. ``(2) Initial submission of plan to administrator for approval.-- ``(A) Initial submission.--Not later than 90 days after the date on which a program is designated as a high-priority program under subsection (a), the agency administering the high-priority program shall submit to the Administrator the plan developed under paragraph (1). ( a) In General.--Chapter 33 of subtitle III of title 31, United States Code, is amended-- (1) in section 3351-- (A) in paragraph (2), by adding at the end the following: ``(D) has satisfied the requirements of section 3360 with respect to each high-priority program administered by the agency; and ``(E) has implemented proactive analytics for one high-risk area in accordance with section 3359(b). ''; ( ``(E) Any program or operation for which there is not any anti-fraud strategy, along with a detailed justification for why there is not any anti-fraud strategy for such program or operation.''. (

H.R.4358

Public Lands and Natural Resources

Little Manatee Wild and Scenic River Act This bill designates a specified segment of the Little Manatee River in Florida for potential addition to the National Wild and Scenic Rivers System. The Department of the Interior shall complete a study of the Little Manatee River and submit the results to Congress.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers 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 ``Little Manatee Wild and Scenic River Act''. SEC. 2. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, LITTLE MANATEE RIVER, FLORIDA. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. SEC. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. SEC. 4. EFFECT ON MANAGEMENT. This Act and the amendments made by this Act shall not interfere with the current management of the area of the Little Manatee River described in section 5(a)(_) of the Wild and Scenic Rivers Act, nor shall the fact that such area is listed for study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as justifica- tion for more restrictive management until Congress acts on the study recommendations. Passed the House of Representatives September 20, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

Little Manatee Wild and Scenic River Act

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes.

Little Manatee Wild and Scenic River Act Little Manatee Wild and Scenic River Act Little Manatee Wild and Scenic River Act

Rep. Buchanan, Vern

R

FL

This bill designates a specified segment of the Little Manatee River in Florida for potential addition to the National Wild and Scenic Rivers System. The Department of the Interior shall complete a study of the Little Manatee River and submit the results to Congress.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers 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 ``Little Manatee Wild and Scenic River Act''. SEC. 2. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, LITTLE MANATEE RIVER, FLORIDA. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. SEC. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. SEC. 4. EFFECT ON MANAGEMENT. This Act and the amendments made by this Act shall not interfere with the current management of the area of the Little Manatee River described in section 5(a)(_) of the Wild and Scenic Rivers Act, nor shall the fact that such area is listed for study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as justifica- tion for more restrictive management until Congress acts on the study recommendations. Passed the House of Representatives September 20, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers 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 ``Little Manatee Wild and Scenic River Act''. 2. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, LITTLE MANATEE RIVER, FLORIDA. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. SEC. 4. EFFECT ON MANAGEMENT. This Act and the amendments made by this Act shall not interfere with the current management of the area of the Little Manatee River described in section 5(a)(_) of the Wild and Scenic Rivers Act, nor shall the fact that such area is listed for study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as justifica- tion for more restrictive management until Congress acts on the study recommendations. Passed the House of Representatives September 20, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers 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 ``Little Manatee Wild and Scenic River Act''. SEC. 2. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, LITTLE MANATEE RIVER, FLORIDA. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. SEC. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. SEC. 4. EFFECT ON MANAGEMENT. This Act and the amendments made by this Act shall not interfere with the current management of the area of the Little Manatee River described in section 5(a)(_) of the Wild and Scenic Rivers Act, nor shall the fact that such area is listed for study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as justifica- tion for more restrictive management until Congress acts on the study recommendations. Passed the House of Representatives September 20, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers 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 ``Little Manatee Wild and Scenic River Act''. SEC. 2. DESIGNATION FOR STUDY OF WILD AND SCENIC RIVER SEGMENTS, LITTLE MANATEE RIVER, FLORIDA. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. SEC. 3. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. SEC. 4. EFFECT ON MANAGEMENT. This Act and the amendments made by this Act shall not interfere with the current management of the area of the Little Manatee River described in section 5(a)(_) of the Wild and Scenic Rivers Act, nor shall the fact that such area is listed for study under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) be used as justifica- tion for more restrictive management until Congress acts on the study recommendations. Passed the House of Representatives September 20, 2022. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk. By Kevin F. McCumber, Deputy Clerk.

To amend the Wild and Scenic Rivers Act to designate segments of the Little Manatee River as a component of the Wild and Scenic Rivers System, and for other purposes. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--The approximately 50-mile segment beginning at the source in southeastern Hillsborough County, Florida, downstream to the point at which the river enters Tampa Bay, including appropriate tributaries, but shall not include-- ``(A) those portions lying within Manatee County, Florida, and being more particularly described as Parcel ID 247800059, Parcel ID 248200008 and Parcel ID 248100000; and ``(B) South Fork.''. 1276(b)) is amended by adding at the end the following: ``(__) Little manatee river, florida.--Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- ``(A) complete the study of the Little Manatee River, Florida named in subsection (a)(_); and ``(B) 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 the results of the study.''. Attest: CHERYL L. JOHNSON, Clerk.

S.622

Taxation

American Jobs in Energy Manufacturing Act of 2021 This bill revises the definition of qualifying advanced energy project for purposes of the tax credit for such project. Specifically, the bill expands the definition to include property designed to produce energy from water, property designed to produce energy conservation technologies, light-, medium-, or heavy-duty electric or fuel cell vehicles, certain hybrid vehicles, and manufacturing facilities designed to reduce greenhouse gas emissions. The definition also includes projects located in a census tract in which a coal mine closed after 1999 and in which a coal-fired electric generating unit was retired after 2009, and provides additional credit allocations for projects to retool, expand, or build new facilities that make or recycle energy-related products, and for projects in communities where coal mines have closed or coal-fired electric units have been retired.

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. SEC. 2. ADJUSTMENT OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT. (a) In General.--Section 48C of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (A)-- (i) by inserting ``, any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section'' after ``means a project'', (ii) in clause (i)-- (I) by striking ``a manufacturing facility for the production of'' and inserting ``an industrial or manufacturing facility for the production or recycling of'', (II) in clause (I), by inserting ``water,'' after ``sun,'', (III) in clause (II), by striking ``an energy storage system for use with electric or hybrid-electric motor vehicles'' and inserting ``energy storage systems and components'', (IV) in clause (III), by striking ``grids to support the transmission of intermittent sources of renewable energy, including storage of such energy'' and inserting ``grid modernization equipment or components'', (V) in subclause (IV), by striking ``and sequester carbon dioxide emissions'' and inserting ``, remove, use, or sequester carbon oxide emissions'', (VI) by striking subclause (V) and inserting the following: ``(V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is-- ``(aa) renewable, or ``(bb) low-carbon and low- emission,'', (VII) by striking subclause (VI), (VIII) by redesignating subclause (VII) as subclause (IX), (IX) by inserting after subclause (V) the following new subclauses: ``(VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), ``(VII) light-, medium-, or heavy- duty electric or fuel cell vehicles, as well as-- ``(aa) technologies, components, or materials for such vehicles, and ``(bb) associated charging or refueling infrastructure, ``(VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or'', and (X) in subclause (IX), as so redesignated, by striking ``and'' at the end and inserting ``or'', and (iii) by striking clause (ii) and inserting the following: ``(ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce its greenhouse gas emissions well below current best practices through the installation of-- ``(I) low- or zero-carbon process heat systems, ``(II) carbon capture, transport, utilization and storage systems, ``(III) energy efficiency and reduction in waste from industrial processes, or ``(IV) any industrial technology which significantly reduces greenhouse gas emissions, as determined by the Secretary.''. (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional qualifying advanced energy projects.--The term `qualifying advanced energy project' shall also include any project described in subparagraph (A) which is located in a census tract-- ``(i) which, prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021, had no projects which received a certification and allocation of credits under subsection (d), and ``(ii)(I) in which, after December 31, 1999, a coal mine has closed, ``(II) in which, after December 31, 2009, a coal-fired electric generating unit has been retired, or ``(III) which is immediately adjacent to a census tract described in subclause (I) or (II).'', (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1).'', (B) in paragraph (2)-- (i) in subparagraph (A), by striking ``2- year'' and inserting ``3-year'', (ii) in subparagraph (B)-- (I) by striking ``1 year'' and inserting ``18 months'', and (II) by adding at the end the following new sentence: ``Not later than 180 days after the date on which such evidence was provided by the applicant, the Secretary shall determine whether the requirements of the certification have been met.'', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid.'', (C) in paragraph (3)-- (i) by striking subparagraph (A) and inserting the following: ``(A) shall take into consideration only those projects-- ``(i) where there is a reasonable expectation of commercial viability, and ``(ii) which will ensure laborers and mechanics employed by contractors and subcontractors in the performance of any qualifying advanced energy project shall be paid wages at rates not less than the prevailing rates on projects of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code, and'', and (ii) in subparagraph (B)-- (I) by striking clauses (i) and (ii) and inserting the following: ``(i) will provide the greatest net impact in avoiding or reducing anthropogenic emissions of greenhouse gases (or, in the case of a project described in subsection (c)(1)(A)(ii), will provide the greatest reduction of greenhouse gas emissions as compared to current best practices), ``(ii) will provide the greatest domestic job creation (both direct and indirect) during the credit period,'', (II) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively, and (III) by inserting after clause (ii) the following new clause: ``(iii) will provide the greatest job creation within the vicinity of the project, particularly with respect to-- ``(I) low-income communities (as described in section 45D(e)), and ``(II) dislocated workers who were previously employed in manufacturing, coal power plants, or coal mining,'', and (D) in paragraph (4)-- (i) by striking subparagraph (A) and inserting the following: ``(A) Review and report.--Not later than 4 years after the date of enactment of the American Jobs in Energy Manufacturing Act of 2021, the Secretary shall-- ``(i) review the credits allocated under this section as of such date, and ``(ii) submit a report regarding the allocation of such credits to-- ``(I) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate, and ``(II) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives.'', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply.'', (3) in subsection (e), by inserting ``45Q,'' after ``section'', and (4) by adding at the end the following new subsection: ``(f) Technical Assistance.--For purposes of assisting with applications for certification under subsection (d), the Secretary of Energy shall provide technical assistance to any State (or political subdivision thereof), tribe, or economic development organization which, prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021-- ``(1) had no applicants for certification under such subsection, or ``(2) had less than 2 qualifying advanced energy projects which received an allocation of credits under such subsection.''. (b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2021. <all>

American Jobs in Energy Manufacturing Act of 2021

A bill to amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit.

American Jobs in Energy Manufacturing Act of 2021

Sen. Manchin, Joe, III

D

WV

This bill revises the definition of qualifying advanced energy project for purposes of the tax credit for such project. Specifically, the bill expands the definition to include property designed to produce energy from water, property designed to produce energy conservation technologies, light-, medium-, or heavy-duty electric or fuel cell vehicles, certain hybrid vehicles, and manufacturing facilities designed to reduce greenhouse gas emissions. The definition also includes projects located in a census tract in which a coal mine closed after 1999 and in which a coal-fired electric generating unit was retired after 2009, and provides additional credit allocations for projects to retool, expand, or build new facilities that make or recycle energy-related products, and for projects in communities where coal mines have closed or coal-fired electric units have been retired.

SHORT TITLE. ADJUSTMENT OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT. (a) In General.--Section 48C of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (A)-- (i) by inserting ``, any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section'' after ``means a project'', (ii) in clause (i)-- (I) by striking ``a manufacturing facility for the production of'' and inserting ``an industrial or manufacturing facility for the production or recycling of'', (II) in clause (I), by inserting ``water,'' after ``sun,'', (III) in clause (II), by striking ``an energy storage system for use with electric or hybrid-electric motor vehicles'' and inserting ``energy storage systems and components'', (IV) in clause (III), by striking ``grids to support the transmission of intermittent sources of renewable energy, including storage of such energy'' and inserting ``grid modernization equipment or components'', (V) in subclause (IV), by striking ``and sequester carbon dioxide emissions'' and inserting ``, remove, use, or sequester carbon oxide emissions'', (VI) by striking subclause (V) and inserting the following: ``(V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is-- ``(aa) renewable, or ``(bb) low-carbon and low- emission,'', (VII) by striking subclause (VI), (VIII) by redesignating subclause (VII) as subclause (IX), (IX) by inserting after subclause (V) the following new subclauses: ``(VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), ``(VII) light-, medium-, or heavy- duty electric or fuel cell vehicles, as well as-- ``(aa) technologies, components, or materials for such vehicles, and ``(bb) associated charging or refueling infrastructure, ``(VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or'', and (X) in subclause (IX), as so redesignated, by striking ``and'' at the end and inserting ``or'', and (iii) by striking clause (ii) and inserting the following: ``(ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce its greenhouse gas emissions well below current best practices through the installation of-- ``(I) low- or zero-carbon process heat systems, ``(II) carbon capture, transport, utilization and storage systems, ``(III) energy efficiency and reduction in waste from industrial processes, or ``(IV) any industrial technology which significantly reduces greenhouse gas emissions, as determined by the Secretary.''. '', (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000.

ADJUSTMENT OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT. '', (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. ADJUSTMENT OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT. (a) In General.--Section 48C of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (A)-- (i) by inserting ``, any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section'' after ``means a project'', (ii) in clause (i)-- (I) by striking ``a manufacturing facility for the production of'' and inserting ``an industrial or manufacturing facility for the production or recycling of'', (II) in clause (I), by inserting ``water,'' after ``sun,'', (III) in clause (II), by striking ``an energy storage system for use with electric or hybrid-electric motor vehicles'' and inserting ``energy storage systems and components'', (IV) in clause (III), by striking ``grids to support the transmission of intermittent sources of renewable energy, including storage of such energy'' and inserting ``grid modernization equipment or components'', (V) in subclause (IV), by striking ``and sequester carbon dioxide emissions'' and inserting ``, remove, use, or sequester carbon oxide emissions'', (VI) by striking subclause (V) and inserting the following: ``(V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is-- ``(aa) renewable, or ``(bb) low-carbon and low- emission,'', (VII) by striking subclause (VI), (VIII) by redesignating subclause (VII) as subclause (IX), (IX) by inserting after subclause (V) the following new subclauses: ``(VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), ``(VII) light-, medium-, or heavy- duty electric or fuel cell vehicles, as well as-- ``(aa) technologies, components, or materials for such vehicles, and ``(bb) associated charging or refueling infrastructure, ``(VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or'', and (X) in subclause (IX), as so redesignated, by striking ``and'' at the end and inserting ``or'', and (iii) by striking clause (ii) and inserting the following: ``(ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce its greenhouse gas emissions well below current best practices through the installation of-- ``(I) low- or zero-carbon process heat systems, ``(II) carbon capture, transport, utilization and storage systems, ``(III) energy efficiency and reduction in waste from industrial processes, or ``(IV) any industrial technology which significantly reduces greenhouse gas emissions, as determined by the Secretary.''. (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional qualifying advanced energy projects.--The term `qualifying advanced energy project' shall also include any project described in subparagraph (A) which is located in a census tract-- ``(i) which, prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021, had no projects which received a certification and allocation of credits under subsection (d), and ``(ii)(I) in which, after December 31, 1999, a coal mine has closed, ``(II) in which, after December 31, 2009, a coal-fired electric generating unit has been retired, or ``(III) which is immediately adjacent to a census tract described in subclause (I) or (II). '', (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. '', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. ADJUSTMENT OF QUALIFYING ADVANCED ENERGY PROJECT CREDIT. (a) In General.--Section 48C of the Internal Revenue Code of 1986 is amended-- (1) in subsection (c)(1)-- (A) in subparagraph (A)-- (i) by inserting ``, any portion of the qualified investment of which is certified by the Secretary under subsection (d) as eligible for a credit under this section'' after ``means a project'', (ii) in clause (i)-- (I) by striking ``a manufacturing facility for the production of'' and inserting ``an industrial or manufacturing facility for the production or recycling of'', (II) in clause (I), by inserting ``water,'' after ``sun,'', (III) in clause (II), by striking ``an energy storage system for use with electric or hybrid-electric motor vehicles'' and inserting ``energy storage systems and components'', (IV) in clause (III), by striking ``grids to support the transmission of intermittent sources of renewable energy, including storage of such energy'' and inserting ``grid modernization equipment or components'', (V) in subclause (IV), by striking ``and sequester carbon dioxide emissions'' and inserting ``, remove, use, or sequester carbon oxide emissions'', (VI) by striking subclause (V) and inserting the following: ``(V) equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is-- ``(aa) renewable, or ``(bb) low-carbon and low- emission,'', (VII) by striking subclause (VI), (VIII) by redesignating subclause (VII) as subclause (IX), (IX) by inserting after subclause (V) the following new subclauses: ``(VI) property designed to produce energy conservation technologies (including residential, commercial, and industrial applications), ``(VII) light-, medium-, or heavy- duty electric or fuel cell vehicles, as well as-- ``(aa) technologies, components, or materials for such vehicles, and ``(bb) associated charging or refueling infrastructure, ``(VIII) hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles, or'', and (X) in subclause (IX), as so redesignated, by striking ``and'' at the end and inserting ``or'', and (iii) by striking clause (ii) and inserting the following: ``(ii) which re-equips an industrial or manufacturing facility with equipment designed to reduce its greenhouse gas emissions well below current best practices through the installation of-- ``(I) low- or zero-carbon process heat systems, ``(II) carbon capture, transport, utilization and storage systems, ``(III) energy efficiency and reduction in waste from industrial processes, or ``(IV) any industrial technology which significantly reduces greenhouse gas emissions, as determined by the Secretary.''. (B) by redesignating subparagraph (B) as subparagraph (C), and (C) by inserting after subparagraph (A) the following new subparagraph: ``(B) Additional qualifying advanced energy projects.--The term `qualifying advanced energy project' shall also include any project described in subparagraph (A) which is located in a census tract-- ``(i) which, prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021, had no projects which received a certification and allocation of credits under subsection (d), and ``(ii)(I) in which, after December 31, 1999, a coal mine has closed, ``(II) in which, after December 31, 2009, a coal-fired electric generating unit has been retired, or ``(III) which is immediately adjacent to a census tract described in subclause (I) or (II). '', (2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. '', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid.

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( '', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( '', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( '', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( '', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( '', and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

To amend the Internal Revenue Code of 1986 to enhance the qualifying advanced energy project credit. This Act may be cited as the ``American Jobs in Energy Manufacturing Act of 2021''. 2) in subsection (d)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``this section'' and inserting ``the American Jobs in Energy Manufacturing Act of 2021'', and (ii) by striking subparagraph (B) and inserting the following: ``(B) Limitations.-- ``(i) Initial allocation.--The total amount of credits that may be allocated under the program prior to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $2,300,000,000. ``(ii) Additional allocation.--The total amount of credits that may be allocated under the program on or after to the date of enactment of the American Jobs in Energy Manufacturing Act of 2021 shall not exceed $8,000,000,000, of which not greater than $4,000,000,000 may be allocated to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1). '', ( and (iii) by adding at the end the following new subparagraph: ``(D) Location of project.--In the case of an applicant which receives a certification, if the Secretary determines that the project has been placed in service at a location which is materially different than the location specified in the application for such project, the certification shall no longer be valid. '', and (ii) by adding at the end the following new subparagraph: ``(D) Special rule.--For purposes of reallocating credits pursuant to this paragraph, the limitation under paragraph (1)(B)(ii) with respect to allocation of credits to projects which are not located in a census tract described in subparagraph (B) of subsection (c)(1) shall not apply. '', ( b) Authorization of Appropriations.--To carry out subsection (f) of section 48C of the Internal Revenue Code of 1986 (as added by subsection (a)(4)), there is authorized to be appropriated to the State Energy Program of the Department of Energy, out of moneys in the Treasury not otherwise appropriated, $500,000, to remain available until expended. (

H.R.3898

Commerce

Informing Consumers about Smart Devices Act This bill requires manufacturers of internet-connected devices (e.g., smart appliances) that are equipped with a camera or microphone to disclose to consumers that a camera or microphone is part of the device. The bill does not apply to mobile phones, laptops, or other devices that a consumer would reasonably expect to include a camera or microphone.

To require the disclosure of a camera or recording capability in certain internet-connected devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Informing Consumers about Smart Devices Act''. SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. Each manufacturer of a covered device shall disclose whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.-- (1) In general.--The Federal Trade Commission shall prevent any person from violating this Act or a regulation promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. (d) Tailored Guidance.--A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 2. (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2. SEC. 4. DEFINITION OF COVERED DEVICE. As used in this Act, the term ``covered device''-- (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is capable of connecting to the internet, a component of which is a camera or microphone; and (2) does not include-- (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 (47 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder. SEC. 5. EFFECTIVE DATE. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date. <all>

Informing Consumers about Smart Devices Act

To require the disclosure of a camera or recording capability in certain internet-connected devices.

Informing Consumers about Smart Devices Act

Rep. Curtis, John R.

R

UT

This bill requires manufacturers of internet-connected devices (e.g., smart appliances) that are equipped with a camera or microphone to disclose to consumers that a camera or microphone is part of the device. The bill does not apply to mobile phones, laptops, or other devices that a consumer would reasonably expect to include a camera or microphone.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Informing Consumers about Smart Devices Act''. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. Each manufacturer of a covered device shall disclose whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. (d) Tailored Guidance.--A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 2. (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2. 4. As used in this Act, the term ``covered device''-- (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act (15 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder. SEC. 5. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Informing Consumers about Smart Devices Act''. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. Each manufacturer of a covered device shall disclose whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). 41 et seq.) were incorporated into and made a part of this Act. (d) Tailored Guidance.--A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 2. (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2. 4. As used in this Act, the term ``covered device''-- (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act (15 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder. SEC. 5. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

To require the disclosure of a camera or recording capability in certain internet-connected devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Informing Consumers about Smart Devices Act''. SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. Each manufacturer of a covered device shall disclose whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.-- (1) In general.--The Federal Trade Commission shall prevent any person from violating this Act or a regulation promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. (d) Tailored Guidance.--A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 2. (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2. SEC. 4. DEFINITION OF COVERED DEVICE. As used in this Act, the term ``covered device''-- (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is capable of connecting to the internet, a component of which is a camera or microphone; and (2) does not include-- (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 (47 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder. SEC. 5. EFFECTIVE DATE. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date. <all>

To require the disclosure of a camera or recording capability in certain internet-connected devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Informing Consumers about Smart Devices Act''. SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. Each manufacturer of a covered device shall disclose whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Actions by the Commission.-- (1) In general.--The Federal Trade Commission shall prevent any person from violating this Act or a regulation promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. (d) Tailored Guidance.--A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 2. (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2. SEC. 4. DEFINITION OF COVERED DEVICE. As used in this Act, the term ``covered device''-- (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is capable of connecting to the internet, a component of which is a camera or microphone; and (2) does not include-- (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 (47 U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any regulations promulgated thereunder. SEC. 5. EFFECTIVE DATE. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date. <all>

To require the disclosure of a camera or recording capability in certain internet-connected devices. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

To require the disclosure of a camera or recording capability in certain internet-connected devices. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. ( (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2.

To require the disclosure of a camera or recording capability in certain internet-connected devices. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. ( (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2.

To require the disclosure of a camera or recording capability in certain internet-connected devices. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

To require the disclosure of a camera or recording capability in certain internet-connected devices. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. ( (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2.

To require the disclosure of a camera or recording capability in certain internet-connected devices. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

To require the disclosure of a camera or recording capability in certain internet-connected devices. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. ( (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2.

To require the disclosure of a camera or recording capability in certain internet-connected devices. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

To require the disclosure of a camera or recording capability in certain internet-connected devices. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN CERTAIN INTERNET-CONNECTED DEVICES. c) Commission Guidance.--Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable. ( (e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the Commission determines such practices expressly violate section 2.

To require the disclosure of a camera or recording capability in certain internet-connected devices. a) Unfair or Deceptive Acts or Practices.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ( (2) Penalties and privileges.--Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.). ( e) Limitation on Commission Guidance.--No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. This Act shall apply to all devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.

H.J.Res.40

Law

This joint resolution proposes an amendment to the Constitution requiring the Supreme Court to be composed of nine Justices consisting of one Chief Justice and eight Associate Justices.

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 15, 2021 Mr. Biggs (for himself, Mr. Budd, Mr. Gooden of Texas, Mr. Buck, Mr. Weber of Texas, Mr. Good of Virginia, Mr. Gibbs, Mr. Gosar, Mr. Gohmert, and Mr. Hice of Georgia) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article -- ``The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.''. <all>

Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices.

Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices.

Official Titles - House of Representatives Official Title as Introduced Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices.

Rep. Biggs, Andy

R

AZ

This joint resolution proposes an amendment to the Constitution requiring the Supreme Court to be composed of nine Justices consisting of one Chief Justice and eight Associate Justices.

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 15, 2021 Mr. Biggs (for himself, Mr. Budd, Mr. Gooden of Texas, Mr. Buck, Mr. Weber of Texas, Mr. Good of Virginia, Mr. Gibbs, Mr. Gosar, Mr. Gohmert, and Mr. Hice of Georgia) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article -- ``The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.''. <all>

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 15, 2021 Mr. Biggs (for himself, Mr. Budd, Mr. Gooden of Texas, Mr. Buck, Mr. Weber of Texas, Mr. Good of Virginia, Mr. Gibbs, Mr. Gosar, Mr. Gohmert, and Mr. Hice of Georgia) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article -- ``The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.''. <all>

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 15, 2021 Mr. Biggs (for himself, Mr. Budd, Mr. Gooden of Texas, Mr. Buck, Mr. Weber of Texas, Mr. Good of Virginia, Mr. Gibbs, Mr. Gosar, Mr. Gohmert, and Mr. Hice of Georgia) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article -- ``The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.''. <all>

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 15, 2021 Mr. Biggs (for himself, Mr. Budd, Mr. Gooden of Texas, Mr. Buck, Mr. Weber of Texas, Mr. Good of Virginia, Mr. Gibbs, Mr. Gosar, Mr. Gohmert, and Mr. Hice of Georgia) submitted the following joint resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ JOINT RESOLUTION Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification: ``Article -- ``The Supreme Court of the United States shall be composed of nine justices consisting of one chief justice and eight associate justices.''. <all>

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

117th CONGRESS 1st Session H. J. RES. 40 Proposing an amendment to the Constitution of the United States to require that the Supreme Court of the United States be composed of nine justices. _______________________________________________________________________

H.R.2050

Social Welfare

Huntington's Disease Disability Insurance Access Act of 2021 This bill expedites payment of Social Security Disability Insurance (SSDI) benefits and eligibility for Medicare coverage for those with Huntington's disease. This is an inherited disorder that causes brain cells to die, including in areas of the brain that help to control voluntary movement. Specifically, the bill eliminates the 5-month waiting period for SSDI benefits and the subsequent 24-month waiting period for Medicare coverage for individuals with Huntington's disease. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Disability Insurance Access Act of 2021''. SEC. 2. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in the matter following subparagraph (E), by inserting ``or Huntington's disease'' after ``amyotrophic lateral sclerosis''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. SEC. 3. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER THE MEDICARE PROGRAM FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act. <all>

Huntington’s Disease Disability Insurance Access Act of 2021

To amend title II of the Social Security Act to eliminate the five-month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease.

Huntington’s Disease Disability Insurance Access Act of 2021

Rep. Pascrell, Bill, Jr.

D

NJ

This bill expedites payment of Social Security Disability Insurance (SSDI) benefits and eligibility for Medicare coverage for those with Huntington's disease. This is an inherited disorder that causes brain cells to die, including in areas of the brain that help to control voluntary movement. Specifically, the bill eliminates the 5-month waiting period for SSDI benefits and the subsequent 24-month waiting period for Medicare coverage for individuals with Huntington's disease. Under current law, individuals generally must wait five months after the onset of disability to begin receiving SSDI benefits and an additional 24 months to become eligible for Medicare.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Disability Insurance Access Act of 2021''. SEC. 2. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in the matter following subparagraph (E), by inserting ``or Huntington's disease'' after ``amyotrophic lateral sclerosis''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. SEC. 3. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER THE MEDICARE PROGRAM FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act. <all>

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Disability Insurance Access Act of 2021''. SEC. 2. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in the matter following subparagraph (E), by inserting ``or Huntington's disease'' after ``amyotrophic lateral sclerosis''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. SEC. 3. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER THE MEDICARE PROGRAM FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act. <all>

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Disability Insurance Access Act of 2021''. SEC. 2. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in the matter following subparagraph (E), by inserting ``or Huntington's disease'' after ``amyotrophic lateral sclerosis''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. SEC. 3. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER THE MEDICARE PROGRAM FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act. <all>

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Disability Insurance Access Act of 2021''. SEC. 2. ELIMINATION OF WAITING PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 223(a)(1) of the Social Security Act (42 U.S.C. 423(a)(1)) is amended, in the matter following subparagraph (E), by inserting ``or Huntington's disease'' after ``amyotrophic lateral sclerosis''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. SEC. 3. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER THE MEDICARE PROGRAM FOR INDIVIDUALS WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act. <all>

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

To amend title II of the Social Security Act to eliminate the five- month waiting period for disability insurance benefits under such title and waive the 24-month waiting period for Medicare eligibility for individuals with Huntington's disease. a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.

H.R.8343

Education

Opportunities for Success Act of 2022 This bill permanently reauthorizes the Federal Work-Study Program and otherwise revises the program, including by allocating program funds to institutions of higher education (IHEs) based on the amount of Pell Grant funds received by each IHE. The bill also establishes a pilot program that provides work-based learning opportunities for students who demonstrate exceptional financial need.

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study 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 ``Opportunities for Success Act of 2022''. SEC. 2. PURPOSE; AUTHORIZATION OF APPROPRIATIONS. Section 441 of the Higher Education Act of 1965 (20 U.S.C. 1087-51) is amended-- (1) in subsection (b), by striking ``part, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.'' and inserting ``part-- ``(1) $1,500,000,000 for fiscal year 2023; ``(2) $1,750,000,000 for fiscal year 2024; ``(3) $2,000,000,000 for fiscal year 2025; ``(4) $2,250,000,000 for fiscal year 2026; and ``(5) $2,500,000,000 for fiscal year 2027 and each succeeding fiscal year.''; (2) in subsection (c)-- (A) in paragraph (1), by inserting ``child development and early learning (including Head Start and Early Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.)),'', before ``literacy training,''; (B) in paragraph (3), by striking ``and''; (C) in paragraph (4)(C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(5) work-based learning designed to give students experience in any activity described in paragraph (1), (2), (3), or (4), without regard to whether credit is awarded.''; and (3) by adding at the end the following: ``(d) Work-Based Learning Defined.--For purposes of this part, the term `work-based learning' means sustained interactions with industry, community, or academic professionals in real workplace settings that shall-- ``(1) include on campus opportunities; ``(2) foster in-depth, first-hand engagement with the tasks required of a given career field that are aligned to a student's field of study; and ``(3) may include internships, fellowships, research assistant positions, teacher residencies, participation in cooperative education, and apprenticeships 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.).''. SEC. 3. ALLOCATION FORMULA. Section 442 of the Higher Education Act of 1965 (20 U.S.C. 1087-52) is amended to read as follows: ``SEC. 442. ALLOCATION OF FUNDS. ``(a) Reservations.-- ``(1) Reservation for improved institutions.-- ``(A) Amount of reservation for improved institutions.--Beginning with the first fiscal year that is 2 years after the date of the enactment of the Opportunities for Success Act of 2022, for a fiscal year in which the amount appropriated under section 441(b) exceeds $700,000,000, the Secretary shall-- ``(i) reserve the lesser of-- ``(I) an amount equal to 20 percent of the amount by which the amount appropriated under section 441(b) exceeds $700,000,000; or ``(II) $150,000,000; and ``(ii) allocate the amount reserved under clause (i) to each improved institution in an amount equal to the greater of the following: ``(I) The amount that bears the same proportion to the amount reserved under clause (i) as the total amount of all Federal Pell Grant funds awarded at the improved institution for the second preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at improved institutions participating under this part for the second preceding fiscal year. ``(II) $5,000. ``(B) Improved institution described.--For purposes of this paragraph, an improved institution is an institution that, on the date the Secretary makes an allocation under subparagraph (A)(ii)-- ``(i) is an institution of higher education (as defined under section 101) participating under this part; ``(ii) is with respect to-- ``(I) the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 75 percent of all institutions participating under this part for the preceding fiscal year; ``(II) the percentage of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclause (I); and ``(III) the annual increase in the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclauses (I) and (II). ``(C) Completion rate or graduation rate.--For purposes of determining the completion rate or graduation rate under this section, a Federal Pell Grant recipient who is either a full-time student or a part-time student shall be counted as a completer or graduate if, within 150 percent of the normal time for completion of or graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an institution participating in any program under this title for which the prior program provides substantial preparation. ``(2) Reservation for grant program.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subparagraph (A), the Secretary shall reserve $30,000,000 to carry out grants under section 449. ``(3) Reallocation of amount returned by improved institutions.--If an institution returns to the Secretary any portion of the sums allocated to such institution under this subsection for any fiscal year, the Secretary shall reallot such excess to improved institutions on the same basis as under paragraph (1)(A). ``(4) Publication.--Beginning 1 year after the first allocations are made to improved institutions under paragraph (1)(A) and annually thereafter, the Secretary shall make publicly available-- ``(A) a list of the improved institutions that received funding under such paragraph in the prior fiscal year; ``(B) the percentage of students at each such improved institution that are Federal Pell Grant recipients; ``(C) the completion rate or graduation rate for the students described in subparagraph (B) with respect to each such improved institution; and ``(D) a comparison between the information described in subparagraphs (A), (B), and (C) for the prior fiscal year for such improved institution, and such information for the year prior to such year. ``(b) Allocation Formula for Fiscal Years 2023 Through 2027.-- ``(1) In general.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution-- ``(A) for fiscal year 2023, an amount equal to the greater of-- ``(i) 90 percent of the amount the institution received under this subsection and subsection (a) for fiscal year 2022, as such subsections were in effect with respect to such fiscal year (in this subparagraph referred to as `the 2022 amount for the institution'); or ``(ii) the fair share amount for the institution determined under subsection (d); ``(B) for fiscal year 2024, an amount equal to the greater of-- ``(i) 80 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d); ``(C) for fiscal year 2025, an amount equal to the greater of-- ``(i) 60 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d); ``(D) for fiscal year 2026, an amount equal to the greater of-- ``(i) 40 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d); and ``(E) for fiscal year 2027, an amount equal to the greater of-- ``(i) 20 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d). ``(2) Ratable reduction.-- ``(A) In general.--If the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a) is less than the amount required to be allocated to the institutions under this subsection, then the amount of the allocation to each institution shall be ratably reduced. ``(B) Additional appropriations.--If the amounts allocated to each institution are ratably reduced under subparagraph (A) for a fiscal year and additional amounts are appropriated for such fiscal year, the amount allocated to each institution from the additional amounts shall be increased on the same basis as the amounts under subparagraph (A) were reduced (until each institution receives the amount required to be allocated under this subsection). ``(c) Allocation Formula for Fiscal Year 2028 and Each Succeeding Fiscal Year.--Except as provided in subsection (d)(5), from the amount appropriated under section 441(b) for fiscal year 2028 and each succeeding fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution the fair share amount for the institution determined under subsection (d). ``(d) Determination of Fair Share Amount.-- ``(1) In general.--Subject to paragraph (2), the fair share amount for an institution for a fiscal year shall be equal to the sum of-- ``(A) 100 percent of the institution's undergraduate student need described in paragraph (2) for the preceding fiscal year; and ``(B) 25 percent of the institution's graduate student need described in paragraph (3) for the preceding fiscal year. ``(2) Institutional undergraduate student need calculation.--The undergraduate student need for an institution for a fiscal year shall be equal to the sum of the following: ``(A) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of Federal Pell Grant funds awarded at the institution for the preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at all institutions participating under this part for the preceding fiscal year. ``(B) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the undergraduate student need at the institution for the preceding fiscal year bears to the total amount of undergraduate student need at all institutions participating under this part for the preceding fiscal year. ``(3) Institutional graduate student need calculation.--The graduate student need for an institution for a fiscal year shall be equal to the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the graduate student need at the institution for the preceding fiscal year bears to the total amount of graduate student need at all institutions participating under this part for the preceding fiscal year. ``(4) Eligibility for fair share amount.--The Secretary may not allocate funds under this part to any institution that, for two or more fiscal years during any three fiscal year period beginning not earlier than the first day of the first fiscal year that is 2 years after the date of the enactment of this paragraph, has-- ``(A) a student population with less than 7 percent of undergraduate students who are recipients of Federal Pell Grants; or ``(B) if the institution only enrolls graduate students, a student population with less than 5 percent of students that have an expected family contribution of zero. ``(5) Definitions.--In this subsection: ``(A) Available appropriated amount.--In this section, the term `available appropriated amount' means-- ``(i) the amount appropriated under section 441(b) for a fiscal year, minus ``(ii) the amounts reserved under subsection (a) for such fiscal year. ``(B) Average cost of attendance.--The term `average cost of attendance' means, with respect to an institution, the average of the attendance costs for a fiscal year for students which shall include-- ``(i) tuition and fees, computed on the basis of information reported by the institution to the Secretary, which shall include-- ``(I) total revenue received by the institution from undergraduate and graduate tuition and fees for the second year preceding the year for which it is applying for an allocation; and ``(II) the institution's enrollment for such second preceding year; ``(ii) standard living expenses equal to 150 percent of the difference between the income protection allowance for a family of five with one in college and the income protection allowance for a family of six with one in college for a single independent student; and ``(iii) books and supplies, in an amount not exceeding $1,000. ``(C) Graduate student need.--The term `graduate student need' means, with respect to a graduate student for a fiscal year, the lesser of the following: ``(i) The amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the preceding fiscal year, minus ``(II) such graduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan. ``(D) Undergraduate student need.--The term `undergraduate student need' means, with respect to an undergraduate student for a fiscal year, the lesser of the following: ``(i) The total of the amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the fiscal year, minus ``(II) such undergraduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan and a Federal Direct Loan. ``(e) Return of Surplus Allocated Funds.-- ``(1) In general.--Except with respect to funds returned under subsection (a)(3), if an institution returns to the Secretary any portion of the sums allocated to such institution under this section for any fiscal year, the Secretary shall reallot such excess to institutions that used at least 10 percent of the total amount of funds granted to such institution under this section to compensate students employed during a qualified period of nonenrollment (as such term is defined in section 443(f)) on the same basis as excess eligible amounts are allocated under subsection (d). ``(2) Use of funds.--Funds received by institutions pursuant to this subsection shall, to maximum extent practicable, be used to compensate students employed in work- based learning positions. ``(3) Retained funds.-- ``(A) Amount returned.--If an institution returns more than 10 percent of its allocation under paragraph (1), the institution's allocation for the next fiscal year shall be reduced by the amount returned. ``(B) Waiver.--The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program. ``(f) Filing Deadlines.--The Secretary may require applications under this section, at such time, in such manner, and containing such information as the Secretary may require.''. SEC. 4. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. (a) Amendments.--Section 443 of the Higher Education Act of 1965 (20 U.S.C. 1087-53) is amended-- (1) in subsection (b)-- (A) by amending paragraph (2) to read as follows: ``(2) provide that funds granted an institution of higher education pursuant to this section may only be used to make payments to students participating in work-study programs, except that an institution-- ``(A) shall, beginning in fiscal year 2025-- ``(i) use at least 3 percent of the total amount of funds granted to such institution under this section for such fiscal year to compensate students who have exceptional need (as defined in section 413C(c)(2)) and are employed in a work-based learning position during a qualified period of nonenrollment, as defined in subsection (f); ``(ii) use at least 7 percent of the total amount of funds granted to such institution under this section for such fiscal year to compensate students employed in work-based learning positions; and ``(iii) use at least 7 percent of the total amount of funds granted to such institution under this section for such fiscal year to compensate students employed in community service, and shall ensure that not less than 1 tutoring or family literacy project (as described in subsection (d)) is included in meeting the requirement of this subparagraph, except that the Secretary may waive a clause under this subparagraph with respect to an institution if the Secretary determines that enforcing such clause would cause hardship for students at the institution; and ``(B) may-- ``(i) use a portion of the sums granted to it to meet administrative expenses in accordance with section 489; ``(ii) use a portion of the sums granted to it to meet the cost of a job location and development program in accordance with section 446 of this part; and ``(iii) transfer funds in accordance with the provisions of section 488;''; (B) in paragraph (4)-- (i) by striking ``$300'' and inserting ``$500''; and (ii) by inserting ``except as provided under subsection (f),'' before ``provide''; (C) in paragraph (5)-- (i) in subparagraph (A)(ii), by striking ``and'' at the end; (ii) in subparagraph (B), by inserting ``and'' after the semicolon; and (iii) by adding at the end the following: ``(C) the Federal share shall equal 100 percent if the institution is eligible for assistance under title III or title V;''; (D) in paragraph (6)-- (i) by inserting ``who demonstrate exceptional need (as defined in section 413C(c)(2))'' after ``students''; and (ii) by inserting ``and prioritize employment for students who are currently homeless individuals described in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a) or foster care youth'' after ``institution''; (E) in paragraph (7), by striking ``vocational'' and inserting ``career''; (F) in paragraph (8)(A)(i), by striking ``or vocational goals'' and inserting ``career goals''; (G) in paragraph (10), by striking ``; and'' and inserting a semicolon; (H) in paragraph (11), by striking the period at the end and inserting a semicolon; and (I) by adding at the end the following: ``(12) provide assurances that compensation of students employed in the work-study program in accordance with the agreement shall include reimbursement for reasonable travel (not including the purchase of a vehicle) directly related to such work-study program; ``(13) provide assurances that the institution will administer and use feedback from the surveys required under section 450, to improve the experiences of students employed in the work-study program in accordance with the agreement; ``(14) provide assurances that the institution will collect data from students and employers such that the employment made available from funds under this part will, to the maximum extent practicable, complement and reinforce the educational goals or career goals of each student receiving assistance under this part; and ``(15) provide assurances that if the institution receives funds under section 442(a)(1)(A), such institution shall-- ``(A) use such funds to compensate students employed in the work-study program in accordance with the agreement; and ``(B) prioritize the awarding of such funds (and increasing the amount of each award) to students-- ``(i) who demonstrate exceptional need (as defined in section 413C(c)(2)); and ``(ii) who are employed in work-based learning opportunities through the work-study program in accordance with the agreement.''; (2) in subsection (c)-- (A) by amending paragraph (2) to read as follows: ``(2) provide that-- ``(A) in the case of an institution that has not received a waiver from the Secretary, such institution will not use more than 25 percent of the funds made available to such institution under this part for any fiscal year for the operation of the program described in paragraph (1); and ``(B) in the case of an institution that has received a waiver from the Secretary, such institution will not use more than 50 percent of the funds made available to such institution under this part for any fiscal year for the operation of the program described in paragraph (1);''; (B) in paragraph (4)-- (i) by inserting ``and complement and reinforce the educational goals or career goals of each student receiving assistance under this part'' after ``academically relevant''; and (ii) by striking ``and'' at the end; (C) in paragraph (5), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(6) provide assurances that compensation of students employed in the work-study program in accordance with the agreement shall include reimbursement for reasonable travel (not including the purchase of a vehicle) directly related to such work-study program.''; (3) in subsection (d)(1)-- (A) by striking ``In any academic year to which subsection (b)(2)(A) applies, an institution shall ensure that'' and inserting ``An institution may use the''; and (B) by striking ``travel'' and inserting ``reasonable travel (not including the purchase of a vehicle)''; and (4) by adding at the end the following: ``(f) Qualified Period of Nonenrollment.-- ``(1) In general.--A student may be awarded work-study employment during a qualified period of nonenrollment if-- ``(A) the student demonstrates exceptional need (as defined in section 413C(c)(2)) in the award year prior to the qualified period of nonenrollment; ``(B) the student is employed in a work-based learning position; and ``(C) the employment-- ``(i) involves less than 25 percent administrative work; and ``(ii) is for at least 20 hours per week, unless the institution waives such requirement-- ``(I) at the request of the student; or ``(II) based on a finding by the institution that such requirement presents a hardship in finding a work- based learning position for the student. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(B) Excess funds.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment in excess of $2,500 shall be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(3) Definition of qualified period of nonenrollment.--In this subsection, the term `qualified period of nonenrollment' means, with respect to a student, a period of nonenrollment that-- ``(A) occurs between a period of enrollment and a period of anticipated enrollment; and ``(B) the duration of which is no longer than 6 months. ``(g) Cooperative Education.-- ``(1) In general.--A student may be awarded work-study employment for participation in cooperative education on-- ``(A) a part-time basis; or ``(B) a full-time basis for a period equal to or less than 6 months. ``(2) Private agreements for cooperative education.--As part of its agreement described in subsection (b), an institution of higher education may, at its option, enter into an additional agreement with the Secretary which shall provide for the operation by the institution of a program of cooperative education of its students (on the basis described in subparagraph (A) or (B) of paragraph (1)) by a private for- profit organization under an agreement between the institution and such organization that complies with the requirements of subsection (c). ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). ``(4) Cooperative education defined.--In this subsection, the term `cooperative education' means a program of alternating or parallel periods of academic study and work-based learning designed to give students work experiences related to their academic or career objectives. ``(h) Notification Regarding SNAP.-- ``(1) In general.--An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in the SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. The notification shall be developed by the Secretary of Education in consultation with the Secretary of Agriculture, and shall include details on eligibility requirements for participation in the SNAP that a student must satisfy. The notification shall be, to the extent practicable, specific to the student's State of residence and shall provide contact information for the local office where an application for the SNAP may be made. ``(2) Evidence of participation in federally financed work- study program.--The notification under paragraph (1) shall include an official document confirming that the recipient is an eligible student sufficient for purposes of demonstrating that the exclusion from ineligibility for participation in the SNAP under section 6(e)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(4)) applies to the student. ``(3) Guidance.--The Secretary of Education, in consultation with the Secretary of Agriculture, shall provide guidance to States and institutions of higher education on how to identify and communicate with students who are likely to be eligible for the SNAP, including those eligible for a State or federally financed work-study program. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `eligible student' means a student receiving work-study assistance under this part. ``(B) The term `SNAP' means the supplemental nutrition assistance program (as defined in section 3(t) of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(t))).''. (b) Effective Dates.--The amendment made by subparagraph (A) of subsection (a)(1) shall take effect on October 1, 2024, and shall be effective for fiscal year 2025 and each succeeding fiscal year. SEC. 5. FLEXIBLE USE OF FUNDS. Section 445 of the Higher Education Act of 1965 (20 U.S.C. 1087-55) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) In addition to the carry-over sums authorized under paragraph (1) of this section, an institution may permit a student who completed the previous award period to continue to earn unearned portions of the student's work-study award from that previous period if-- ``(A) any reduction in the student's need upon which the award was based is accounted for in the remaining portion; and ``(B) the student is currently employed in a work- based learning position.''; and (2) by striking ``10 percent'' both places it appears and inserting ``20 percent''. SEC. 6. JOB LOCATION AND DEVELOPMENT PROGRAMS. Section 446 of the Higher Education Act of 1965 (20 U.S.C. 1087-56) is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``10 percent or $75,000'' and inserting ``20 percent or $150,000''; and (B) in paragraph (2), by striking ``vocational'' and inserting ``career''; and (2) in subsection (b)-- (A) by striking paragraphs (1) and (2); (B) by inserting before paragraph (3) the following: ``(1) provide satisfactory assurance that the institution will prioritize placing students with exceptional need (as defined in section 413C(c)(2)) and Federal work-study recipients in jobs located and developed under this section; and ``(2) provide satisfactory assurances that the funds available under this section will be used to locate and develop work-based learning positions;''; and (C) in paragraph (6), by striking the period and inserting ``, including-- ``(A) the number of students employed in work-based learning positions through such program; ``(B) the number of students demonstrating exceptional need (as defined in section 413C(c)(2)) and Federal work-study recipients employed through such program; and ``(C) the number of students demonstrating exceptional need (as defined in section 413C(c)(2)) and Federal work-study recipients employed in work-based learning positions through such program.''. SEC. 7. COMMUNITY SERVICE. Section 447 of the Higher Education Act of 1965 (20 U.S.C. 1087-57) is amended to read as follows: ``SEC. 447. ADDITIONAL FUNDS TO CONDUCT COMMUNITY SERVICE WORK-STUDY PROGRAMS. ``Each institution participating under this part may use up to 10 percent of the funds made available under section 489(a) and attributable to the amount of the institution's expenditures under this part to conduct that institution's program of community service- learning, including-- ``(1) development of mechanisms to assure the academic quality of the student experience; ``(2) assuring student access to educational resources, expertise, and supervision necessary to achieve community service objectives; ``(3) assuring, to the maximum extent practicable, that the community service-learning program will support the educational goals or career goals of students participating in such program; ``(4) collaboration with public and private nonprofit agencies, and programs assisted under the National and Community Service Act of 1990 in the planning, development, and administration of such programs; and ``(5) to recruit and compensate students for community service-learning (including compensation for time spent in training and for reasonable travel (not including the purchase of a vehicle) directly related to such community service).''. SEC. 8. AMENDMENTS TO WORK COLLEGES. Section 448 of the Higher Education Act of 1965 (20 U.S.C. 1087-58) is amended-- (1) in subsection (a), by inserting ``student'' after ``comprehensive''; (2) in subsection (b)(2)(D), by inserting ``student'' after ``comprehensive''; (3) in subsection (c)-- (A) by striking ``Each eligible institution'' and inserting the following: ``(1) In general.--Each eligible institution''; and (B) by adding at the end the following: ``(2) Application dates.--The Secretary shall require an eligible institution that submits an application for funding under this section for the first time to submit such application 5 months prior to the application due date for returning applicants.''; and (4) in subsection (e)-- (A) in paragraph (1)-- (i) by striking subparagraph (B) and inserting the following: ``(B) is accredited by an accrediting agency or association recognized by the Secretary pursuant to part H, has operated a work-study program under this part for at least the 2 years preceding the date of the determination, and has operated a comprehensive student work-learning-service program for at least the 2 years preceding the date of the determination;''; (ii) in subparagraph (C), by inserting ``student'' after ``comprehensive''; and (iii) in subparagraph (D), by inserting ``student'' after ``comprehensive''; and (B) in paragraph (2)-- (i) by redesignating subparagraphs (A) through (F) as subparagraphs (B) through (G), respectively; and (ii) by inserting before subparagraph (B), as redesignated by clause (i), the following: ``(A) is a 4-year, degree-granting program;''. SEC. 9. PILOT GRANT PROGRAM. Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), as amended by this part, is further amended by adding at the end the following: ``SEC. 449. WORK-BASED LEARNING OPPORTUNITIES PILOT GRANT PROGRAM. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a program to provide grants to eligible institutions participating under this part to establish or expand a program to develop work- based learning positions. ``(2) Limitations.-- ``(A) Duration.--A grant awarded under this section shall be for a period of not more than 4 years, but may be renewed by the Secretary for a period of 2 years. ``(B) Amount.--A grant under this section may not be in an amount greater than $1,000,000. ``(b) Application.--To be selected to receive a grant under this section an eligible institution participating under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan that describes how the eligible institution will establish or expand a program to develop work-based learning positions that will-- ``(1) benefit students who demonstrate exceptional need (as defined in section 413C(c)(2)); ``(2) identify in-demand industry sectors and occupations (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and as determined by the Bureau of Labor and Statistics, State departments of labor, and local boards (as defined in such section 3)) and develop partnerships with high-demand employers (including nonprofit organizations, joint labor-management organizations, for-profit firms, or public agencies); ``(3) involve participating employers in evaluating and improving such program; ``(4) track and report academic and employment outcomes for participating students; and ``(5) be able to continue after the end of the grant term. ``(c) Use of Funds.--Grant funds awarded under this program shall be used to pay wages for students participating under this program and develop work-based learning positions that-- ``(1) are for a period of at least 12 weeks; ``(2) serve students who demonstrate exceptional need (as defined in section 413C(c)(2)); ``(3) limit administrative work to no more than 25 percent of such position; ``(4) provide a minimum of 15 hours of work per week during periods of enrollment and 30 hours per week during periods of nonenrollment, except such requirement may be waived by the institution in consultation with a student; ``(5) include career coaching from participating employers (including mock interviews, resume writing assistance, career exploration, and counseling on applying for and attaining employment); and ``(6) provide participating students with opportunities to meet with employers in fields or industries related to those of participating employers. ``(d) Report.--On a date that is before the date on which the period of the grant received by an eligible institution under this section terminates, such institution shall submit a report to the Secretary including-- ``(1) the graduation rate or completion rate (as described under section 442(a)(1)(C)) with respect to students participating in work-based learning positions under the pilot program; and ``(2) the results of the work-based learning opportunities program for which such institution received such grant, including-- ``(A) participating students' satisfaction with the program as reported in surveys under section 450, as added by section 10 of the Opportunities for Success Act of 2022; ``(B) the types of jobs in which participating students were employed and the types of duties performed in such jobs; ``(C) the academic programs of the participating students; ``(D) the share of participating students who worked at another job, in addition to the one under the pilot program; ``(E) the percentage of participating students who, during the second quarter after completing their academic program, are in education or training activities or unsubsidized employment; ``(F) the percentage of participating students employed in in-demand industry sectors or occupations as described in subsection (b)(2) within 2 quarters of completing their academic programs; and ``(G) other items as deemed relevant by the Secretary. ``(e) Reservation of Funding for Such Program.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under section 442(a)(1), the Secretary shall reserve $30,000,000 to carry out grants under this section.''. SEC. 10. DEPARTMENT ACTIVITIES. Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), as amended by this part, is further amended by adding at the end the following: ``SEC. 450. DEPARTMENT ACTIVITIES. ``(a) Surveys.--Not later than 1 year after the date of the enactment of this section, the Secretary shall develop, in consultation with work-study administrators from institutions of higher education, participating employers, and participating students-- ``(1) a consumer-tested electronic survey for students awarded work-study employment under the Federal work-study program under this part that-- ``(A) measures each such student's satisfaction with the Federal work-study program, including-- ``(i) any complaints the student has with respect to the program; ``(ii) the amount and quality of the on- the-job training the student received; ``(iii) the amount and quality of on-the- job supervision and employer feedback the student received; ``(iv) the amount and quality of information provided by the institution about the work-study program and job opportunities and the availability of work-study staff at the institution; ``(v) the quality of the assistance provided by the institution to the student in finding a work-study job and the availability of types of jobs; and ``(vi) the student's overall satisfaction with the work-study program; ``(B) measures the applicability of work-study employment to the educational goals and career goals of each such student; ``(C) elicits an assessment by each such student of the capacity to manage time between work-study employment and coursework; ``(D) measures, with respect to the program-- ``(i) the award amounts under the program; ``(ii) the average number of hours students worked per week, and the wages received for such work; ``(iii) the number of on campus jobs and off campus jobs; ``(iv) how students located work-study positions; ``(v) the work performed at each job; ``(vi) whether students worked additional jobs while employed in a work-study job (and the reason for such additional job); ``(vii) whether the work-study employment had an impact on the student's academic performance; and ``(viii) the voluntarily disclosed demographics of students awarded work-study employment; and ``(E) includes such information as the Secretary may require; ``(2) a consumer-tested electronic survey for employers of students described in paragraph (1) that-- ``(A) measures each such employer's satisfaction with the Federal work-study program, including-- ``(i) the extent to which the employer is satisfied with its ability to accommodate students' schedules; ``(ii) the extent to which student- employees are prepared for the duties advertised for the job; and ``(iii) the extent to which the employer is satisfied with opportunities to make recommendations for improving institutions' academic programs; ``(B) elicits an assessment by each such employer of-- ``(i) any complaints the employer had with respect to the program; ``(ii) any skills or knowledge necessary for the job that student-employees are lacking; and ``(iii) the extent of outreach from institutions to the employer; and ``(C) includes such information as the Secretary may require; and ``(3) a consumer-tested electronic survey that, not less than once every 4 years, with respect to each institution of higher education participating in the Federal work-study program, measures-- ``(A) methods used to recruit on-campus and off- campus employers; ``(B) if an institution operates a job location development program-- ``(i) the share of jobs filled on-campus and off-campus; ``(ii) the share of jobs filled by-- ``(I) work-study recipients; and ``(II) students who demonstrate exceptional need (as defined in section 413C(c)(2)); ``(iii) the primary factors considered in matching work-study students and jobs; ``(iv) the share of students employed in work-based learning opportunities; and ``(v) the share of students employed during qualified periods of nonenrollment, including the share of students with exceptional need (as defined in section 413C(c)(2)) employed during qualified periods of nonenrollment; ``(C) the institution's Federal and non-Federal contributions toward work-study wages; ``(D) the primary factors considered in awarding students work-study and in determining the amount of the award; ``(E) the acceptance rate among students who were offered work-study aid; and ``(F) other information the Secretary may require. ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ``(c) Report.--Not less than once every 4 years after the date of the enactment of this subsection, the Secretary shall submit a report to Congress that includes-- ``(1) the data collected under this section (redacted for personal information); ``(2) with respect to students employed in work-study through the Federal work-study program-- ``(A) the types of jobs such students participated in; ``(B) the average hours worked per week; ``(C) the average award amount; ``(D) the average wage rates; ``(E) the extent to which students enter employment with skills and knowledge gained from work-study participation that have prepared them for the job; and ``(F) the students' satisfaction with the program and primary complaints; ``(3) the extent to which institutions conduct outreach to employers and engage them in discussions on improving academic programs; ``(4) the extent to which institutions conduct outreach to students and make jobs readily available; ``(5) the extent to which the work-study employment aligns with students' academic programs or career goals; ``(6) the employers' satisfaction with the program and primary complaints; and ``(7) recommendations for improving the program. ``(d) Consultation.-- ``(1) In general.--In consulting with the entities described in subsection (a) to create the electronic surveys required under such subsection, the Secretary shall engage with-- ``(A) a representative sample of institutions of higher education participating in the Federal work- study program; ``(B) a representative sample of employers participating in the Federal work-study program; and ``(C) a representative sample of students participating in the Federal work-study program. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. ``(e) Technical Assistance.--The Secretary shall-- ``(1) provide technical assistance to institutions participating under the Federal work-study program under this part to-- ``(A) comply with the amendments made by the Opportunities for Success Act of 2022 and the regulations issued pursuant to such Act; ``(B) administer the surveys described in subsection (a) to students and employers participating in the Federal work-study program; and ``(C) ensure that Federal work-study positions align with students' educational goals or career goals to the maximum extent practicable; and ``(2) issue guidance and provide technical assistance to institutions to support improved partnerships and coordination among financial aid, career services, and academic advisors to administer the Federal work-study program. ``(f) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 to carry out subsection (a).''. SEC. 11. STUDY AND REPORT. (a) Study.--The Comptroller General of the United States shall, not later than a reasonable amount of time after the date of the enactment of this Act, conduct a study on best practices for assisting students participating in the Federal work-study program under part C of title IV of the Higher Education Act (42 U.S.C. 1087-51 et seq.) with-- (1) connecting to off-campus employers; (2) procuring work-based learning opportunities through such program; (3) procuring employment that aligns with students' educational goals or career goals; (4) locating employment through job location and development programs; (5) procuring employment in in-demand industry sectors or occupations (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102)); (6) balancing employment with academic programs to improve graduation and completion rates; and (7) with respect to students with exceptional need (as defined in section 413C(c)(2) of the Higher Education Act of 1965 (20 U.S.C. 1070b-2(c)(2)))-- (A) locating and coordinating work-study employment during qualified periods of nonenrollment; (B) increasing participation of such students in such work-study program; and (C) limiting the need for additional employment outside the work-study program. (b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. (c) Publish Report.--The Comptroller General of the United States shall make the report required under subsection (b) available to the public on the website of the Government Accountability Office. <all>

Opportunities for Success Act of 2022

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes.

Opportunities for Success Act of 2022

Rep. Bonamici, Suzanne

D

OR

This bill permanently reauthorizes the Federal Work-Study Program and otherwise revises the program, including by allocating program funds to institutions of higher education (IHEs) based on the amount of Pell Grant funds received by each IHE. The bill also establishes a pilot program that provides work-based learning opportunities for students who demonstrate exceptional financial need.

SHORT TITLE. 2. Section 441 of the Higher Education Act of 1965 (20 U.S.C. 442. ALLOCATION OF FUNDS. ``(II) $5,000. ``(3) Institutional graduate student need calculation.--The graduate student need for an institution for a fiscal year shall be equal to the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the graduate student need at the institution for the preceding fiscal year bears to the total amount of graduate student need at all institutions participating under this part for the preceding fiscal year. ``(2) Use of funds.--Funds received by institutions pursuant to this subsection shall, to maximum extent practicable, be used to compensate students employed in work- based learning positions. ``(f) Filing Deadlines.--The Secretary may require applications under this section, at such time, in such manner, and containing such information as the Secretary may require.''. 4. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). ``(4) Definitions.--For purposes of this subsection: ``(A) The term `eligible student' means a student receiving work-study assistance under this part. ''; and (2) by striking ``10 percent'' both places it appears and inserting ``20 percent''. 6. JOB LOCATION AND DEVELOPMENT PROGRAMS. 7. COMMUNITY SERVICE. WORK-BASED LEARNING OPPORTUNITIES PILOT GRANT PROGRAM. 1087-51 et seq. ), as amended by this part, is further amended by adding at the end the following: ``SEC. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. SEC. STUDY AND REPORT. with-- (1) connecting to off-campus employers; (2) procuring work-based learning opportunities through such program; (3) procuring employment that aligns with students' educational goals or career goals; (4) locating employment through job location and development programs; (5) procuring employment in in-demand industry sectors or occupations (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C.

SHORT TITLE. 2. Section 441 of the Higher Education Act of 1965 (20 U.S.C. 442. ALLOCATION OF FUNDS. ``(II) $5,000. ``(3) Institutional graduate student need calculation.--The graduate student need for an institution for a fiscal year shall be equal to the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the graduate student need at the institution for the preceding fiscal year bears to the total amount of graduate student need at all institutions participating under this part for the preceding fiscal year. ``(2) Use of funds.--Funds received by institutions pursuant to this subsection shall, to maximum extent practicable, be used to compensate students employed in work- based learning positions. ``(f) Filing Deadlines.--The Secretary may require applications under this section, at such time, in such manner, and containing such information as the Secretary may require.''. 4. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). ``(4) Definitions.--For purposes of this subsection: ``(A) The term `eligible student' means a student receiving work-study assistance under this part. ''; and (2) by striking ``10 percent'' both places it appears and inserting ``20 percent''. 6. JOB LOCATION AND DEVELOPMENT PROGRAMS. 7. COMMUNITY SERVICE. WORK-BASED LEARNING OPPORTUNITIES PILOT GRANT PROGRAM. 1087-51 et seq. ), as amended by this part, is further amended by adding at the end the following: ``SEC. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. SEC. STUDY AND REPORT. with-- (1) connecting to off-campus employers; (2) procuring work-based learning opportunities through such program; (3) procuring employment that aligns with students' educational goals or career goals; (4) locating employment through job location and development programs; (5) procuring employment in in-demand industry sectors or occupations (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C.

SHORT TITLE. 2. Section 441 of the Higher Education Act of 1965 (20 U.S.C. 442. ALLOCATION OF FUNDS. ``(II) $5,000. ``(B) Improved institution described.--For purposes of this paragraph, an improved institution is an institution that, on the date the Secretary makes an allocation under subparagraph (A)(ii)-- ``(i) is an institution of higher education (as defined under section 101) participating under this part; ``(ii) is with respect to-- ``(I) the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 75 percent of all institutions participating under this part for the preceding fiscal year; ``(II) the percentage of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclause (I); and ``(III) the annual increase in the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclauses (I) and (II). ``(3) Institutional graduate student need calculation.--The graduate student need for an institution for a fiscal year shall be equal to the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the graduate student need at the institution for the preceding fiscal year bears to the total amount of graduate student need at all institutions participating under this part for the preceding fiscal year. ``(D) Undergraduate student need.--The term `undergraduate student need' means, with respect to an undergraduate student for a fiscal year, the lesser of the following: ``(i) The total of the amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the fiscal year, minus ``(II) such undergraduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(2) Use of funds.--Funds received by institutions pursuant to this subsection shall, to maximum extent practicable, be used to compensate students employed in work- based learning positions. ``(f) Filing Deadlines.--The Secretary may require applications under this section, at such time, in such manner, and containing such information as the Secretary may require.''. 4. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). 2015(e)(4)) applies to the student. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `eligible student' means a student receiving work-study assistance under this part. ''; and (2) by striking ``10 percent'' both places it appears and inserting ``20 percent''. 6. JOB LOCATION AND DEVELOPMENT PROGRAMS. 7. COMMUNITY SERVICE. AMENDMENTS TO WORK COLLEGES. WORK-BASED LEARNING OPPORTUNITIES PILOT GRANT PROGRAM. 1087-51 et seq. ), as amended by this part, is further amended by adding at the end the following: ``SEC. 450. DEPARTMENT ACTIVITIES. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. SEC. STUDY AND REPORT. with-- (1) connecting to off-campus employers; (2) procuring work-based learning opportunities through such program; (3) procuring employment that aligns with students' educational goals or career goals; (4) locating employment through job location and development programs; (5) procuring employment in in-demand industry sectors or occupations (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. (b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study.

SHORT TITLE. 2. Section 441 of the Higher Education Act of 1965 (20 U.S.C. 442. ALLOCATION OF FUNDS. ``(II) $5,000. ``(B) Improved institution described.--For purposes of this paragraph, an improved institution is an institution that, on the date the Secretary makes an allocation under subparagraph (A)(ii)-- ``(i) is an institution of higher education (as defined under section 101) participating under this part; ``(ii) is with respect to-- ``(I) the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 75 percent of all institutions participating under this part for the preceding fiscal year; ``(II) the percentage of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclause (I); and ``(III) the annual increase in the completion rate or graduation rate of Federal Pell Grant recipients at the institution, in the top 50 percent of the institutions described in subclauses (I) and (II). ``(b) Allocation Formula for Fiscal Years 2023 Through 2027.-- ``(1) In general.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution-- ``(A) for fiscal year 2023, an amount equal to the greater of-- ``(i) 90 percent of the amount the institution received under this subsection and subsection (a) for fiscal year 2022, as such subsections were in effect with respect to such fiscal year (in this subparagraph referred to as `the 2022 amount for the institution'); or ``(ii) the fair share amount for the institution determined under subsection (d); ``(B) for fiscal year 2024, an amount equal to the greater of-- ``(i) 80 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d); ``(C) for fiscal year 2025, an amount equal to the greater of-- ``(i) 60 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d); ``(D) for fiscal year 2026, an amount equal to the greater of-- ``(i) 40 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d); and ``(E) for fiscal year 2027, an amount equal to the greater of-- ``(i) 20 percent of the 2022 amount for the institution; or ``(ii) the fair share amount for the institution determined under subsection (d). ``(3) Institutional graduate student need calculation.--The graduate student need for an institution for a fiscal year shall be equal to the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the graduate student need at the institution for the preceding fiscal year bears to the total amount of graduate student need at all institutions participating under this part for the preceding fiscal year. ``(D) Undergraduate student need.--The term `undergraduate student need' means, with respect to an undergraduate student for a fiscal year, the lesser of the following: ``(i) The total of the amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the fiscal year, minus ``(II) such undergraduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan and a Federal Direct Loan. ``(2) Use of funds.--Funds received by institutions pursuant to this subsection shall, to maximum extent practicable, be used to compensate students employed in work- based learning positions. ``(f) Filing Deadlines.--The Secretary may require applications under this section, at such time, in such manner, and containing such information as the Secretary may require.''. 4. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS. ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). ``(4) Cooperative education defined.--In this subsection, the term `cooperative education' means a program of alternating or parallel periods of academic study and work-based learning designed to give students work experiences related to their academic or career objectives. 2015(e)(4)) applies to the student. ``(4) Definitions.--For purposes of this subsection: ``(A) The term `eligible student' means a student receiving work-study assistance under this part. ''; and (2) by striking ``10 percent'' both places it appears and inserting ``20 percent''. 6. JOB LOCATION AND DEVELOPMENT PROGRAMS. 7. COMMUNITY SERVICE. 447. 8. AMENDMENTS TO WORK COLLEGES. 449. WORK-BASED LEARNING OPPORTUNITIES PILOT GRANT PROGRAM. 1087-51 et seq. ), as amended by this part, is further amended by adding at the end the following: ``SEC. 450. DEPARTMENT ACTIVITIES. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. SEC. 11. STUDY AND REPORT. with-- (1) connecting to off-campus employers; (2) procuring work-based learning opportunities through such program; (3) procuring employment that aligns with students' educational goals or career goals; (4) locating employment through job location and development programs; (5) procuring employment in in-demand industry sectors or occupations (as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. (b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study.

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. Section 441 of the Higher Education Act of 1965 (20 U.S.C. 1087-51) is amended-- (1) in subsection (b), by striking ``part, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.'' )),'', before ``literacy training,''; (B) in paragraph (3), by striking ``and''; (C) in paragraph (4)(C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(5) work-based learning designed to give students experience in any activity described in paragraph (1), (2), (3), or (4), without regard to whether credit is awarded. ''; 664, chapter 663; 29 U.S.C. 50 et seq.).''. ``(C) Completion rate or graduation rate.--For purposes of determining the completion rate or graduation rate under this section, a Federal Pell Grant recipient who is either a full-time student or a part-time student shall be counted as a completer or graduate if, within 150 percent of the normal time for completion of or graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an institution participating in any program under this title for which the prior program provides substantial preparation. ``(2) Reservation for grant program.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subparagraph (A), the Secretary shall reserve $30,000,000 to carry out grants under section 449. ``(3) Reallocation of amount returned by improved institutions.--If an institution returns to the Secretary any portion of the sums allocated to such institution under this subsection for any fiscal year, the Secretary shall reallot such excess to improved institutions on the same basis as under paragraph (1)(A). ``(2) Ratable reduction.-- ``(A) In general.--If the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a) is less than the amount required to be allocated to the institutions under this subsection, then the amount of the allocation to each institution shall be ratably reduced. ``(B) Additional appropriations.--If the amounts allocated to each institution are ratably reduced under subparagraph (A) for a fiscal year and additional amounts are appropriated for such fiscal year, the amount allocated to each institution from the additional amounts shall be increased on the same basis as the amounts under subparagraph (A) were reduced (until each institution receives the amount required to be allocated under this subsection). ``(d) Determination of Fair Share Amount.-- ``(1) In general.--Subject to paragraph (2), the fair share amount for an institution for a fiscal year shall be equal to the sum of-- ``(A) 100 percent of the institution's undergraduate student need described in paragraph (2) for the preceding fiscal year; and ``(B) 25 percent of the institution's graduate student need described in paragraph (3) for the preceding fiscal year. ``(2) Institutional undergraduate student need calculation.--The undergraduate student need for an institution for a fiscal year shall be equal to the sum of the following: ``(A) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of Federal Pell Grant funds awarded at the institution for the preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at all institutions participating under this part for the preceding fiscal year. ``(3) Institutional graduate student need calculation.--The graduate student need for an institution for a fiscal year shall be equal to the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of the graduate student need at the institution for the preceding fiscal year bears to the total amount of graduate student need at all institutions participating under this part for the preceding fiscal year. ``(5) Definitions.--In this subsection: ``(A) Available appropriated amount.--In this section, the term `available appropriated amount' means-- ``(i) the amount appropriated under section 441(b) for a fiscal year, minus ``(ii) the amounts reserved under subsection (a) for such fiscal year. ``(C) Graduate student need.--The term `graduate student need' means, with respect to a graduate student for a fiscal year, the lesser of the following: ``(i) The amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the preceding fiscal year, minus ``(II) such graduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan. ``(D) Undergraduate student need.--The term `undergraduate student need' means, with respect to an undergraduate student for a fiscal year, the lesser of the following: ``(i) The total of the amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the fiscal year, minus ``(II) such undergraduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan and a Federal Direct Loan. ``(3) Retained funds.-- ``(A) Amount returned.--If an institution returns more than 10 percent of its allocation under paragraph (1), the institution's allocation for the next fiscal year shall be reduced by the amount returned. ``(B) Waiver.--The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(B) Excess funds.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment in excess of $2,500 shall be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(3) Definition of qualified period of nonenrollment.--In this subsection, the term `qualified period of nonenrollment' means, with respect to a student, a period of nonenrollment that-- ``(A) occurs between a period of enrollment and a period of anticipated enrollment; and ``(B) the duration of which is no longer than 6 months. ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). ``(h) Notification Regarding SNAP.-- ``(1) In general.--An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in the SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. ``(2) Evidence of participation in federally financed work- study program.--The notification under paragraph (1) shall include an official document confirming that the recipient is an eligible student sufficient for purposes of demonstrating that the exclusion from ineligibility for participation in the SNAP under section 6(e)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(4)) applies to the student. ``(3) Guidance.--The Secretary of Education, in consultation with the Secretary of Agriculture, shall provide guidance to States and institutions of higher education on how to identify and communicate with students who are likely to be eligible for the SNAP, including those eligible for a State or federally financed work-study program. 1087-55) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) In addition to the carry-over sums authorized under paragraph (1) of this section, an institution may permit a student who completed the previous award period to continue to earn unearned portions of the student's work-study award from that previous period if-- ``(A) any reduction in the student's need upon which the award was based is accounted for in the remaining portion; and ``(B) the student is currently employed in a work- based learning position. ''; Section 446 of the Higher Education Act of 1965 (20 U.S.C. Section 447 of the Higher Education Act of 1965 (20 U.S.C. 1087-57) is amended to read as follows: ``SEC. ADDITIONAL FUNDS TO CONDUCT COMMUNITY SERVICE WORK-STUDY PROGRAMS. AMENDMENTS TO WORK COLLEGES. Section 448 of the Higher Education Act of 1965 (20 U.S.C. Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. as amended by this part, is further amended by adding at the end the following: ``SEC. ``(a) Establishment.-- ``(1) In general.--The Secretary shall establish a program to provide grants to eligible institutions participating under this part to establish or expand a program to develop work- based learning positions. 3102) and as determined by the Bureau of Labor and Statistics, State departments of labor, and local boards (as defined in such section 3)) and develop partnerships with high-demand employers (including nonprofit organizations, joint labor-management organizations, for-profit firms, or public agencies); ``(3) involve participating employers in evaluating and improving such program; ``(4) track and report academic and employment outcomes for participating students; and ``(5) be able to continue after the end of the grant term. ``(e) Reservation of Funding for Such Program.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under section 442(a)(1), the Secretary shall reserve $30,000,000 to carry out grants under this section.''. DEPARTMENT ACTIVITIES. ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ``(d) Consultation.-- ``(1) In general.--In consulting with the entities described in subsection (a) to create the electronic surveys required under such subsection, the Secretary shall engage with-- ``(A) a representative sample of institutions of higher education participating in the Federal work- study program; ``(B) a representative sample of employers participating in the Federal work-study program; and ``(C) a representative sample of students participating in the Federal work-study program. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. a) Study.--The Comptroller General of the United States shall, not later than a reasonable amount of time after the date of the enactment of this Act, conduct a study on best practices for assisting students participating in the Federal work-study program under part C of title IV of the Higher Education Act (42 U.S.C. 1087-51 et seq.) b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. (c) Publish Report.--The Comptroller General of the United States shall make the report required under subsection (b) available to the public on the website of the Government Accountability Office.

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. before ``literacy training,''; (B) in paragraph (3), by striking ``and''; (C) in paragraph (4)(C), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(5) work-based learning designed to give students experience in any activity described in paragraph (1), (2), (3), or (4), without regard to whether credit is awarded. ''; Section 442 of the Higher Education Act of 1965 (20 U.S.C. 1087-52) is amended to read as follows: ``SEC. ``(C) Completion rate or graduation rate.--For purposes of determining the completion rate or graduation rate under this section, a Federal Pell Grant recipient who is either a full-time student or a part-time student shall be counted as a completer or graduate if, within 150 percent of the normal time for completion of or graduation from the program, the student has completed or graduated from the program, or enrolled in any program of an institution participating in any program under this title for which the prior program provides substantial preparation. ``(2) Reservation for grant program.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subparagraph (A), the Secretary shall reserve $30,000,000 to carry out grants under section 449. ``(2) Ratable reduction.-- ``(A) In general.--If the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a) is less than the amount required to be allocated to the institutions under this subsection, then the amount of the allocation to each institution shall be ratably reduced. ``(B) Additional appropriations.--If the amounts allocated to each institution are ratably reduced under subparagraph (A) for a fiscal year and additional amounts are appropriated for such fiscal year, the amount allocated to each institution from the additional amounts shall be increased on the same basis as the amounts under subparagraph (A) were reduced (until each institution receives the amount required to be allocated under this subsection). ``(c) Allocation Formula for Fiscal Year 2028 and Each Succeeding Fiscal Year.--Except as provided in subsection (d)(5), from the amount appropriated under section 441(b) for fiscal year 2028 and each succeeding fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution the fair share amount for the institution determined under subsection (d). ``(2) Institutional undergraduate student need calculation.--The undergraduate student need for an institution for a fiscal year shall be equal to the sum of the following: ``(A) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of Federal Pell Grant funds awarded at the institution for the preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at all institutions participating under this part for the preceding fiscal year. ``(5) Definitions.--In this subsection: ``(A) Available appropriated amount.--In this section, the term `available appropriated amount' means-- ``(i) the amount appropriated under section 441(b) for a fiscal year, minus ``(ii) the amounts reserved under subsection (a) for such fiscal year. ``(C) Graduate student need.--The term `graduate student need' means, with respect to a graduate student for a fiscal year, the lesser of the following: ``(i) The amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the preceding fiscal year, minus ``(II) such graduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(ii) The total annual loan limit for a Federal Direct Unsubsidized Stafford Loan. ``(B) Waiver.--The Secretary may waive this paragraph for a specific institution if the Secretary finds that enforcing this paragraph would be contrary to the interest of the program. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(B) Excess funds.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment in excess of $2,500 shall be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(g) Cooperative Education.-- ``(1) In general.--A student may be awarded work-study employment for participation in cooperative education on-- ``(A) a part-time basis; or ``(B) a full-time basis for a period equal to or less than 6 months. ``(h) Notification Regarding SNAP.-- ``(1) In general.--An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in the SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. ``(2) Evidence of participation in federally financed work- study program.--The notification under paragraph (1) shall include an official document confirming that the recipient is an eligible student sufficient for purposes of demonstrating that the exclusion from ineligibility for participation in the SNAP under section 6(e)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(4)) applies to the student. ``(3) Guidance.--The Secretary of Education, in consultation with the Secretary of Agriculture, shall provide guidance to States and institutions of higher education on how to identify and communicate with students who are likely to be eligible for the SNAP, including those eligible for a State or federally financed work-study program. Section 447 of the Higher Education Act of 1965 (20 U.S.C. 1087-57) is amended to read as follows: ``SEC. ADDITIONAL FUNDS TO CONDUCT COMMUNITY SERVICE WORK-STUDY PROGRAMS. AMENDMENTS TO WORK COLLEGES. Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq. ), ``(B) Amount.--A grant under this section may not be in an amount greater than $1,000,000. 3102) and as determined by the Bureau of Labor and Statistics, State departments of labor, and local boards (as defined in such section 3)) and develop partnerships with high-demand employers (including nonprofit organizations, joint labor-management organizations, for-profit firms, or public agencies); ``(3) involve participating employers in evaluating and improving such program; ``(4) track and report academic and employment outcomes for participating students; and ``(5) be able to continue after the end of the grant term. ``(e) Reservation of Funding for Such Program.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under section 442(a)(1), the Secretary shall reserve $30,000,000 to carry out grants under this section.''. DEPARTMENT ACTIVITIES. ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ``(d) Consultation.-- ``(1) In general.--In consulting with the entities described in subsection (a) to create the electronic surveys required under such subsection, the Secretary shall engage with-- ``(A) a representative sample of institutions of higher education participating in the Federal work- study program; ``(B) a representative sample of employers participating in the Federal work-study program; and ``(C) a representative sample of students participating in the Federal work-study program. ``(f) Authorization of Appropriations.--There is authorized to be appropriated $2,000,000 to carry out subsection (a).''. a) Study.--The Comptroller General of the United States shall, not later than a reasonable amount of time after the date of the enactment of this Act, conduct a study on best practices for assisting students participating in the Federal work-study program under part C of title IV of the Higher Education Act (42 U.S.C. 1087-51 et seq.) (b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. ( c) Publish Report.--The Comptroller General of the United States shall make the report required under subsection (b) available to the public on the website of the Government Accountability Office.

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. ``(2) Ratable reduction.-- ``(A) In general.--If the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a) is less than the amount required to be allocated to the institutions under this subsection, then the amount of the allocation to each institution shall be ratably reduced. ``(c) Allocation Formula for Fiscal Year 2028 and Each Succeeding Fiscal Year.--Except as provided in subsection (d)(5), from the amount appropriated under section 441(b) for fiscal year 2028 and each succeeding fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution the fair share amount for the institution determined under subsection (d). ``(C) Graduate student need.--The term `graduate student need' means, with respect to a graduate student for a fiscal year, the lesser of the following: ``(i) The amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the preceding fiscal year, minus ``(II) such graduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(h) Notification Regarding SNAP.-- ``(1) In general.--An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in the SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq. ), ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. (b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. ( c) Publish Report.--The Comptroller General of the United States shall make the report required under subsection (b) available to the public on the website of the Government Accountability Office.

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. Section 441 of the Higher Education Act of 1965 (20 U.S.C. 1087-51) is amended-- (1) in subsection (b), by striking ``part, such sums as may be necessary for fiscal year 2009 and each of the five succeeding fiscal years.'' )),'', ``(2) Reservation for grant program.--From the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subparagraph (A), the Secretary shall reserve $30,000,000 to carry out grants under section 449. ``(3) Reallocation of amount returned by improved institutions.--If an institution returns to the Secretary any portion of the sums allocated to such institution under this subsection for any fiscal year, the Secretary shall reallot such excess to improved institutions on the same basis as under paragraph (1)(A). ``(d) Determination of Fair Share Amount.-- ``(1) In general.--Subject to paragraph (2), the fair share amount for an institution for a fiscal year shall be equal to the sum of-- ``(A) 100 percent of the institution's undergraduate student need described in paragraph (2) for the preceding fiscal year; and ``(B) 25 percent of the institution's graduate student need described in paragraph (3) for the preceding fiscal year. ``(2) Institutional undergraduate student need calculation.--The undergraduate student need for an institution for a fiscal year shall be equal to the sum of the following: ``(A) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of Federal Pell Grant funds awarded at the institution for the preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at all institutions participating under this part for the preceding fiscal year. ``(5) Definitions.--In this subsection: ``(A) Available appropriated amount.--In this section, the term `available appropriated amount' means-- ``(i) the amount appropriated under section 441(b) for a fiscal year, minus ``(ii) the amounts reserved under subsection (a) for such fiscal year. ``(C) Graduate student need.--The term `graduate student need' means, with respect to a graduate student for a fiscal year, the lesser of the following: ``(i) The amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the preceding fiscal year, minus ``(II) such graduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(3) Retained funds.-- ``(A) Amount returned.--If an institution returns more than 10 percent of its allocation under paragraph (1), the institution's allocation for the next fiscal year shall be reduced by the amount returned. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). ``(2) Evidence of participation in federally financed work- study program.--The notification under paragraph (1) shall include an official document confirming that the recipient is an eligible student sufficient for purposes of demonstrating that the exclusion from ineligibility for participation in the SNAP under section 6(e)(4) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(e)(4)) applies to the student. 1087-55) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) In addition to the carry-over sums authorized under paragraph (1) of this section, an institution may permit a student who completed the previous award period to continue to earn unearned portions of the student's work-study award from that previous period if-- ``(A) any reduction in the student's need upon which the award was based is accounted for in the remaining portion; and ``(B) the student is currently employed in a work- based learning position. ''; Section 446 of the Higher Education Act of 1965 (20 U.S.C. Section 447 of the Higher Education Act of 1965 (20 U.S.C. 1087-57) is amended to read as follows: ``SEC. 3102) and as determined by the Bureau of Labor and Statistics, State departments of labor, and local boards (as defined in such section 3)) and develop partnerships with high-demand employers (including nonprofit organizations, joint labor-management organizations, for-profit firms, or public agencies); ``(3) involve participating employers in evaluating and improving such program; ``(4) track and report academic and employment outcomes for participating students; and ``(5) be able to continue after the end of the grant term. ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. (

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. ``(2) Ratable reduction.-- ``(A) In general.--If the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a) is less than the amount required to be allocated to the institutions under this subsection, then the amount of the allocation to each institution shall be ratably reduced. ``(c) Allocation Formula for Fiscal Year 2028 and Each Succeeding Fiscal Year.--Except as provided in subsection (d)(5), from the amount appropriated under section 441(b) for fiscal year 2028 and each succeeding fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution the fair share amount for the institution determined under subsection (d). ``(C) Graduate student need.--The term `graduate student need' means, with respect to a graduate student for a fiscal year, the lesser of the following: ``(i) The amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the preceding fiscal year, minus ``(II) such graduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(h) Notification Regarding SNAP.-- ``(1) In general.--An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in the SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq. ), ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. (b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. ( c) Publish Report.--The Comptroller General of the United States shall make the report required under subsection (b) available to the public on the website of the Government Accountability Office.

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. ``(3) Reallocation of amount returned by improved institutions.--If an institution returns to the Secretary any portion of the sums allocated to such institution under this subsection for any fiscal year, the Secretary shall reallot such excess to improved institutions on the same basis as under paragraph (1)(A). ``(2) Institutional undergraduate student need calculation.--The undergraduate student need for an institution for a fiscal year shall be equal to the sum of the following: ``(A) An amount equal to 50 percent of the amount that bears the same proportion to the available appropriated amount for such fiscal year as the total amount of Federal Pell Grant funds awarded at the institution for the preceding fiscal year bears to the total amount of Federal Pell Grant funds awarded at all institutions participating under this part for the preceding fiscal year. ``(5) Definitions.--In this subsection: ``(A) Available appropriated amount.--In this section, the term `available appropriated amount' means-- ``(i) the amount appropriated under section 441(b) for a fiscal year, minus ``(ii) the amounts reserved under subsection (a) for such fiscal year. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(3) Full-time basis period.--The period specified in paragraph (1)(B) may be non-consecutive and include participation during qualified periods of nonenrollment (as defined in subsection (f)(3)). 1087-55) is amended-- (1) in subsection (a), by adding at the end the following: ``(3) In addition to the carry-over sums authorized under paragraph (1) of this section, an institution may permit a student who completed the previous award period to continue to earn unearned portions of the student's work-study award from that previous period if-- ``(A) any reduction in the student's need upon which the award was based is accounted for in the remaining portion; and ``(B) the student is currently employed in a work- based learning position. ''; ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. (

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. ``(2) Ratable reduction.-- ``(A) In general.--If the amount appropriated under section 441(b) for a fiscal year and remaining after the Secretary reserves funds under subsection (a) is less than the amount required to be allocated to the institutions under this subsection, then the amount of the allocation to each institution shall be ratably reduced. ``(c) Allocation Formula for Fiscal Year 2028 and Each Succeeding Fiscal Year.--Except as provided in subsection (d)(5), from the amount appropriated under section 441(b) for fiscal year 2028 and each succeeding fiscal year and remaining after the Secretary reserves funds under subsection (a), the Secretary shall allocate to each institution the fair share amount for the institution determined under subsection (d). ``(C) Graduate student need.--The term `graduate student need' means, with respect to a graduate student for a fiscal year, the lesser of the following: ``(i) The amount equal to (except the amount computed by this clause shall not be less than zero)-- ``(I) the average cost of attendance for the preceding fiscal year, minus ``(II) such graduate student's expected family contribution (computed in accordance with part F of this title) for the preceding fiscal year. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(h) Notification Regarding SNAP.-- ``(1) In general.--An institution receiving a grant under this part shall send a notification (by email or other electronic means) to each eligible student informing the student of their potential eligibility for participation in the SNAP and the process for obtaining more information, confirming eligibility, and accessing benefits under that program. Part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq. ), ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. (b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. ( c) Publish Report.--The Comptroller General of the United States shall make the report required under subsection (b) available to the public on the website of the Government Accountability Office.

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. ``(3) Reallocation of amount returned by improved institutions.--If an institution returns to the Secretary any portion of the sums allocated to such institution under this subsection for any fiscal year, the Secretary shall reallot such excess to improved institutions on the same basis as under paragraph (1)(A). ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. (

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ), ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ( b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. (

To amend the Higher Education Act of 1965 to reauthorize the Federal work-study program, and for other purposes. ``(3) Reallocation of amount returned by improved institutions.--If an institution returns to the Secretary any portion of the sums allocated to such institution under this subsection for any fiscal year, the Secretary shall reallot such excess to improved institutions on the same basis as under paragraph (1)(A). ``(2) Funds earned.-- ``(A) In general.--Any funds earned by a student (beyond standard living expenses (as such term is described in section 413D(c)(3)(C))) during the qualified period of nonenrollment less than or equal to $2,500 may not be applied to such student's cost of attendance for the next period in which the student is enrolled. ``(b) Results.--The Secretary shall develop an online portal-- ``(1) for students, employers, and institutions of higher education to access the surveys required under subsection (a); and ``(2) to compile the results of such surveys. ``(2) Response rate.--The Secretary shall-- ``(A) consult with a survey consultant to develop a target response rate with respect to the electronic surveys required under subsection (a); and ``(B) provide guidance to institution with respect to such developed target response rate. b) Report.--Not later than one year after the date on which the study required under subsection (a) is completed, the Comptroller General of the United States shall submit to Congress a report summarizing the findings of such study. (

S.2664

Agriculture and Food

School Hunger Elimination Act of 2021 This bill revises requirements under the National School Lunch Program and the School Breakfast Program of the Department of Agriculture, including by expanding mandatory direct certification of low-income children for free or reduced-price meals.

To amend the Richard B. Russell National School Lunch Act to improve program 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 ``School Hunger Elimination Act of 2021''. SEC. 2. MANDATORY DIRECT CERTIFICATION. Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended-- (1) in the paragraph heading, by striking ``Discretionary certification'' and inserting ``Direct certification of additional low-income children''; and (2) in the matter preceding subparagraph (A), by striking ``may'' and inserting ``shall''. SEC. 3. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY INCOME. (a) In General.--Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).''. (b) Data From Social Security Administration.--Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located.''. SEC. 4. RETROACTIVE REIMBURSEMENT. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended by adding at the end the following: ``(D) Retroactive reimbursement.-- ``(i) Definitions.--In this subparagraph: ``(I) Change in eligibility.--The term `change in eligibility' means, with respect to eligibility for the school lunch program under this Act-- ``(aa) a change from eligibility for reduced price meals to eligibility for free meals; and ``(bb) a change from noneligibility to eligibility for free or reduced price meals. ``(II) Meal claim.--The term `meal claim' means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. ``(III) Previously submitted.--The term `previously submitted', with respect to a meal claim, means a meal claim submitted on or after the retroactive date. ``(IV) Retroactive date.--The term `retroactive date' means the first day of the current school year. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ``(II) Reimbursement by secretary.--The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). ``(iii) Reimbursement to families.--A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child.''. SEC. 5. UNIVERSAL MEDICAID DIRECT CERTIFICATION. Section 9(b)(15) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)) is amended-- (1) in subparagraph (A)-- (A) by striking clause (i) and inserting the following: ``(i) Eligible child.-- ``(I) In general.--The term `eligible child' means a child who-- ``(aa)(AA) is eligible for and receiving medical assistance under the Medicaid program; and ``(BB) is a member of a family with an income as measured by the Medicaid program that does not exceed, in the case of eligibility for free meals, 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program, or, in the case of eligibility for reduced price meals, the applicable family size income level under the income eligibility guidelines for reduced price meals; or ``(bb) is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations)) with a child described in item (aa). ``(II) Other children.--The term `eligible child' includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))-- ``(aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq.); ``(bb) by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(cc) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)).''; and (B) by adding at the end the following: ``(iii) Without further application.--The term `without further application' has the meaning given the term in paragraph (4)(G).''; and (2) by striking subparagraphs (B) through (H) and inserting the following: ``(B) Agreement.--For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. ``(D) Certification.--Subject to paragraph (6), and according to an agreement entered into under subparagraph (B), the local educational agency conducting eligibility determinations under that agreement shall certify an eligible child as eligible, without further application, for-- ``(i) free or reduced price lunch under this Act; and ``(ii) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).''. SEC. 6. UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS. Section 11(a)(1)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following: ``(vii) Multiplier.--For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5.''. SEC. 7. STATEWIDE FREE UNIVERSAL SCHOOL MEALS DEMONSTRATION PROJECTS. Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: ``(G) Statewide free universal school meals demonstration projects.-- ``(i) Definitions.--In this subparagraph: ``(I) Demonstration project.--The term `demonstration project' means a demonstration project carried out under clause (ii). ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(bb) Exclusion.--The term `eligible school' does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(ii) Establishment.--Not later than July 1, 2023, the Secretary shall carry out demonstration projects in selected States under which school meals are provided at no charge to every student at an eligible school in the selected State. ``(iii) State selection.-- ``(I) In general.--The Secretary shall select not more than 5 States to each carry out a demonstration project. ``(II) Applications.--A State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(III) Priority.--In carrying out subclause (I), the Secretary shall give priority to a State based on-- ``(aa) the level of childhood poverty in the State; ``(bb) the extent to which the State has implemented subparagraph (F); ``(cc) the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i)); ``(dd) the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and ``(ee) the extent to which the State demonstrates a commitment to providing non- Federal funding under clause (vi)(III). ``(iv) Start date.--A demonstration project shall begin in a selected State on the first day of the school year in that State. ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(II) Subsequent years.--For each month of the second school year and each subsequent school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the higher of-- ``(AA) the percentage of identified students in eligible schools as of the last day of the prior school year; and ``(BB) the percentage of identified students in eligible schools as of the last day of the school year prior to the first school year during which a demonstration project is carried out, up to a maximum of 100 percent. ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. ``(vi) State implementation.-- ``(I) Preliminary activities.--Each selected State shall, in the school year preceding the first school year during which the demonstration project shall be carried out in the State-- ``(aa) identify each eligible school in the State; ``(bb) in consultation with the Secretary, combine the percentage of identified students across eligible schools for the purpose of calculating the maximum reimbursement rate to ensure that the special assistance payments received under clause (v) are for the maximum amount; ``(cc) inform local educational agencies of the demonstration project; and ``(dd) coordinate with local educational agencies to provide information about the demonstration project to parents or guardians of students attending eligible schools. ``(II) Meal service.--As part of a demonstration project, an eligible school in a selected State-- ``(aa) shall not collect applications for free and reduced price lunches under this Act; and ``(bb) shall make school meals available to all children at the school at no charge. ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(bb) Non-federal contributions.--In addition to the funding received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), each selected State shall provide funding from non- Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. ``(cc) Continuation of free rate.-- ``(AA) Definition of covered school year.--In this item, the term `covered school year' means the school year preceding the first school year during which a demonstration project is carried out. ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. ``(vii) Report.-- ``(I) In general.--Not later than September 30, 2027, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives a report that evaluates the impact of each demonstration project in a selected State with respect to-- ``(aa) academic achievement, absenteeism, tardiness, the school environment, child food insecurity in the selected State, and other key factors identified in consultation with the Secretary of Education; ``(bb) the rate of participation in the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) among identified students and other students; ``(cc) school meal services, finances, and operations in the selected State; ``(dd) administrative costs to the selected State and the school food authorities participating in the demonstration project; and ``(ee) the integrity of the operation of the free lunch program under this Act in the selected State. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027. ``(bb) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation.''. <all>

School Hunger Elimination Act of 2021

A bill to amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes.

School Hunger Elimination Act of 2021

Sen. Casey, Robert P., Jr.

D

PA

This bill revises requirements under the National School Lunch Program and the School Breakfast Program of the Department of Agriculture, including by expanding mandatory direct certification of low-income children for free or reduced-price meals.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. 3. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY INCOME. 1381 et seq.).''. RETROACTIVE REIMBURSEMENT. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(IV) Retroactive date.--The term `retroactive date' means the first day of the current school year. ``(II) Reimbursement by secretary.--The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). ``(iii) Reimbursement to families.--A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child.''. 5. UNIVERSAL MEDICAID DIRECT CERTIFICATION. 1396a(a)(10)(A)(i)). ''; and (B) by adding at the end the following: ``(iii) Without further application.--The term `without further application' has the meaning given the term in paragraph (4)(G). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. 6. UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following: ``(vii) Multiplier.--For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5.''. SEC. 7. ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(bb) Exclusion.--The term `eligible school' does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ), each selected State shall provide funding from non- Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. ``(cc) Continuation of free rate.-- ``(AA) Definition of covered school year.--In this item, the term `covered school year' means the school year preceding the first school year during which a demonstration project is carried out.

SHORT TITLE. 3. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY INCOME. 1381 et seq.).''. RETROACTIVE REIMBURSEMENT. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(II) Reimbursement by secretary.--The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). 5. UNIVERSAL MEDICAID DIRECT CERTIFICATION. 1396a(a)(10)(A)(i)). ''; and (B) by adding at the end the following: ``(iii) Without further application.--The term `without further application' has the meaning given the term in paragraph (4)(G). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. 6. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following: ``(vii) Multiplier.--For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5.''. SEC. 7. ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(cc) Continuation of free rate.-- ``(AA) Definition of covered school year.--In this item, the term `covered school year' means the school year preceding the first school year during which a demonstration project is carried out.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Hunger Elimination Act of 2021''. 3. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY INCOME. 1381 et seq.).''. ), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located.''. RETROACTIVE REIMBURSEMENT. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(II) Meal claim.--The term `meal claim' means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. ``(IV) Retroactive date.--The term `retroactive date' means the first day of the current school year. ``(II) Reimbursement by secretary.--The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). ``(iii) Reimbursement to families.--A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child.''. 5. UNIVERSAL MEDICAID DIRECT CERTIFICATION. 1396a(a)(10)(A)(i)). ''; and (B) by adding at the end the following: ``(iii) Without further application.--The term `without further application' has the meaning given the term in paragraph (4)(G). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. 6. UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following: ``(vii) Multiplier.--For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5.''. SEC. 7. ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(bb) Exclusion.--The term `eligible school' does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(III) Priority.--In carrying out subclause (I), the Secretary shall give priority to a State based on-- ``(aa) the level of childhood poverty in the State; ``(bb) the extent to which the State has implemented subparagraph (F); ``(cc) the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i)); ``(dd) the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and ``(ee) the extent to which the State demonstrates a commitment to providing non- Federal funding under clause (vi)(III). ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ), each selected State shall provide funding from non- Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. ``(cc) Continuation of free rate.-- ``(AA) Definition of covered school year.--In this item, the term `covered school year' means the school year preceding the first school year during which a demonstration project is carried out. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Hunger Elimination Act of 2021''. 3. DIRECT CERTIFICATION FOR CHILDREN RECEIVING SOCIAL SECURITY INCOME. 1381 et seq.).''. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. ), the Commissioner of Social Security shall provide a local educational agency with the data necessary to certify the child in accordance with a data-sharing agreement between the Commissioner and the State in which the local educational agency is located.''. RETROACTIVE REIMBURSEMENT. Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. ``(II) Meal claim.--The term `meal claim' means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority. ``(III) Previously submitted.--The term `previously submitted', with respect to a meal claim, means a meal claim submitted on or after the retroactive date. ``(IV) Retroactive date.--The term `retroactive date' means the first day of the current school year. ``(II) Reimbursement by secretary.--The Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I). ``(iii) Reimbursement to families.--A local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child.''. 5. UNIVERSAL MEDICAID DIRECT CERTIFICATION. 1396a(a)(10)(A)(i)). ''; and (B) by adding at the end the following: ``(iii) Without further application.--The term `without further application' has the meaning given the term in paragraph (4)(G). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. 6. UNIVERSAL MEAL SERVICE IN HIGH POVERTY AREAS. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following: ``(vii) Multiplier.--For each school year beginning on or before July 1, 2022, the multiplier shall be 2.5.''. SEC. 7. ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(bb) Exclusion.--The term `eligible school' does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)). ``(III) Identified student.--The term `identified student' has the meaning given the term in subparagraph (F)(i). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(II) Applications.--A State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(III) Priority.--In carrying out subclause (I), the Secretary shall give priority to a State based on-- ``(aa) the level of childhood poverty in the State; ``(bb) the extent to which the State has implemented subparagraph (F); ``(cc) the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i)); ``(dd) the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and ``(ee) the extent to which the State demonstrates a commitment to providing non- Federal funding under clause (vi)(III). ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ), each selected State shall provide funding from non- Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools. ``(cc) Continuation of free rate.-- ``(AA) Definition of covered school year.--In this item, the term `covered school year' means the school year preceding the first school year during which a demonstration project is carried out. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. a) In General.--Section 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended-- (1) in subparagraph (D), by striking ``or'' at the end; (2) in subparagraph (E)(ii), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(F) a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.).''. ( 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ), Section 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended by adding at the end the following: ``(D) Retroactive reimbursement.-- ``(i) Definitions.--In this subparagraph: ``(I) Change in eligibility.--The term `change in eligibility' means, with respect to eligibility for the school lunch program under this Act-- ``(aa) a change from eligibility for reduced price meals to eligibility for free meals; and ``(bb) a change from noneligibility to eligibility for free or reduced price meals. ``(III) Previously submitted.--The term `previously submitted', with respect to a meal claim, means a meal claim submitted on or after the retroactive date. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ``(II) Other children.--The term `eligible child' includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))-- ``(aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq. ); ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: ``(G) Statewide free universal school meals demonstration projects.-- ``(i) Definitions.--In this subparagraph: ``(I) Demonstration project.--The term `demonstration project' means a demonstration project carried out under clause (ii). ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(iv) Start date.--A demonstration project shall begin in a selected State on the first day of the school year in that State. ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(IV) Payments in lieu of.--A special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph. ``(II) Meal service.--As part of a demonstration project, an eligible school in a selected State-- ``(aa) shall not collect applications for free and reduced price lunches under this Act; and ``(bb) shall make school meals available to all children at the school at no charge. ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(bb) Non-federal contributions.--In addition to the funding received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq. ), ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027. ``(bb) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation.''.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. MANDATORY DIRECT CERTIFICATION. b) Data From Social Security Administration.--Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ), 1758(b)(9)) is amended by adding at the end the following: ``(D) Retroactive reimbursement.-- ``(i) Definitions.--In this subparagraph: ``(I) Change in eligibility.--The term `change in eligibility' means, with respect to eligibility for the school lunch program under this Act-- ``(aa) a change from eligibility for reduced price meals to eligibility for free meals; and ``(bb) a change from noneligibility to eligibility for free or reduced price meals. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ``(II) Other children.--The term `eligible child' includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))-- ``(aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq. ); ``(bb) by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(cc) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)). ''; ''; and (2) by striking subparagraphs (B) through (H) and inserting the following: ``(B) Agreement.--For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(II) Meal service.--As part of a demonstration project, an eligible school in a selected State-- ``(aa) shall not collect applications for free and reduced price lunches under this Act; and ``(bb) shall make school meals available to all children at the school at no charge. ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. MANDATORY DIRECT CERTIFICATION. b) Data From Social Security Administration.--Section 9(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ), 1758(b)(9)) is amended by adding at the end the following: ``(D) Retroactive reimbursement.-- ``(i) Definitions.--In this subparagraph: ``(I) Change in eligibility.--The term `change in eligibility' means, with respect to eligibility for the school lunch program under this Act-- ``(aa) a change from eligibility for reduced price meals to eligibility for free meals; and ``(bb) a change from noneligibility to eligibility for free or reduced price meals. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ``(II) Other children.--The term `eligible child' includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))-- ``(aa) on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq. ); ``(bb) by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or ``(cc) under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)). ''; ''; and (2) by striking subparagraphs (B) through (H) and inserting the following: ``(B) Agreement.--For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(II) Eligible school.-- ``(aa) In general.--The term `eligible school' means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(IV) Selected state.--The term `selected State' means a State selected to carry out a demonstration project under clause (iii)(I). ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(II) Meal service.--As part of a demonstration project, an eligible school in a selected State-- ``(aa) shall not collect applications for free and reduced price lunches under this Act; and ``(bb) shall make school meals available to all children at the school at no charge. ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ), ``(III) Previously submitted.--The term `previously submitted', with respect to a meal claim, means a meal claim submitted on or after the retroactive date. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: ``(G) Statewide free universal school meals demonstration projects.-- ``(i) Definitions.--In this subparagraph: ``(I) Demonstration project.--The term `demonstration project' means a demonstration project carried out under clause (ii). ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ''; ''; and (2) by striking subparagraphs (B) through (H) and inserting the following: ``(B) Agreement.--For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ), ``(III) Previously submitted.--The term `previously submitted', with respect to a meal claim, means a meal claim submitted on or after the retroactive date. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(ii) Free meals.--Each agreement entered into under subparagraph (B) shall ensure that a child who is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals. Section 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following: ``(G) Statewide free universal school meals demonstration projects.-- ``(i) Definitions.--In this subparagraph: ``(I) Demonstration project.--The term `demonstration project' means a demonstration project carried out under clause (ii). ``(v) Special assistance payments.-- ``(I) First year.--For each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying-- ``(aa) 1.9; and ``(bb) the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent. ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ''; ''; and (2) by striking subparagraphs (B) through (H) and inserting the following: ``(B) Agreement.--For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ), 1759a(a)(1)) is amended by adding at the end the following: ``(G) Statewide free universal school meals demonstration projects.-- ``(i) Definitions.--In this subparagraph: ``(I) Demonstration project.--The term `demonstration project' means a demonstration project carried out under clause (ii). ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. ``(ii) Retroactivity.-- ``(I) Submission of meal claims.--A local educational agency shall-- ``(aa) revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and ``(bb) submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb). ''; ''; and (2) by striking subparagraphs (B) through (H) and inserting the following: ``(B) Agreement.--For the school year beginning on July 1, 2022, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program. ``(C) Procedures.-- ``(i) In general.--Subject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for-- ``(I) free or reduced price lunch under this Act; and ``(II) free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). ``(III) Non-federal funding.-- ``(aa) In general.--Each selected State may support the demonstration project using-- ``(AA) funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and ``(BB) State revenues appropriated or used for program purposes under section 7 of this Act. ``(BB) Free rate.-- A selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out.

To amend the Richard B. Russell National School Lunch Act to improve program requirements, and for other purposes. 1758(b)) is amended by adding at the end the following: ``(16) Data from social security administration.--In the case of direct certification under paragraph (5) or (12)(A) of a child who receives supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq. ), 1759a(a)(1)) is amended by adding at the end the following: ``(G) Statewide free universal school meals demonstration projects.-- ``(i) Definitions.--In this subparagraph: ``(I) Demonstration project.--The term `demonstration project' means a demonstration project carried out under clause (ii). ``(III) Payment for other meals.-- With respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4. ``(II) Funding.-- ``(aa) In general.--On October 1, 2023, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2027.

H.R.8509

Agriculture and Food

National Advisory Council on Unpaid Meal Debt Act of 2022 This bill establishes the National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs to provide recommendations to the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that students are not stigmatized and school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs.

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Council on Unpaid Meal Debt Act of 2022''. SEC. 2. NATIONAL ADVISORY COUNCIL ON UNPAID MEAL DEBT IN CHILD NUTRITION PROGRAMS. (a) Establishment.--There is established a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs (in this section referred to as the ``Council''). (b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. (c) Membership.-- (1) Number and appointment.--The Council shall be composed of 14 members appointed by the Secretary as follows: (A) 2 members shall be school nutrition State agency directors who are employed in different States; (B) 2 members shall be school food service directors of a school meal program in an urban area who are employed in different States; (C) 2 members shall be school food service directors of a school meal program in a rural area who are employed in different States; (D) 2 members shall be officials of the Food and Nutrition Service office of the Department of Agriculture; (E) 2 members shall be parents or guardians (who are not related to one another or to the same child) of children who are eligible for free and reduced price school meals; (F) 2 members shall represent organizations with expertise in the school meal programs; and (G) 2 members shall be food service professionals who-- (i) work in school cafeterias; and (ii) maintain daily contact with students, including by preparing or serving meals or working at registers. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. (d) Compensation.-- (1) In general.--Members shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians.--In the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h). (e) Chairperson; Vice Chairperson.-- (1) Eligibility.--To be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. (f) Meetings.-- (1) In general.--The Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum.--5 members of the Council shall constitute a quorum. (g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. (h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. (j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). <all>

National Advisory Council on Unpaid Meal Debt Act of 2022

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes.

National Advisory Council on Unpaid Meal Debt Act of 2022

Rep. Omar, Ilhan

D

MN

This bill establishes the National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs to provide recommendations to the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that students are not stigmatized and school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Council on Unpaid Meal Debt Act of 2022''. SEC. 2. NATIONAL ADVISORY COUNCIL ON UNPAID MEAL DEBT IN CHILD NUTRITION PROGRAMS. (b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians.--In the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h). (e) Chairperson; Vice Chairperson.-- (1) Eligibility.--To be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (f) Meetings.-- (1) In general.--The Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum.--5 members of the Council shall constitute a quorum. (h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. 1773).

Be it enacted by the Senate 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 Advisory Council on Unpaid Meal Debt Act of 2022''. SEC. 2. NATIONAL ADVISORY COUNCIL ON UNPAID MEAL DEBT IN CHILD NUTRITION PROGRAMS. (b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians.--In the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h). (e) Chairperson; Vice Chairperson.-- (1) Eligibility.--To be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (f) Meetings.-- (1) In general.--The Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum.--5 members of the Council shall constitute a quorum. (h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. 1773).

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Council on Unpaid Meal Debt Act of 2022''. SEC. 2. NATIONAL ADVISORY COUNCIL ON UNPAID MEAL DEBT IN CHILD NUTRITION PROGRAMS. (a) Establishment.--There is established a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs (in this section referred to as the ``Council''). (b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. (c) Membership.-- (1) Number and appointment.--The Council shall be composed of 14 members appointed by the Secretary as follows: (A) 2 members shall be school nutrition State agency directors who are employed in different States; (B) 2 members shall be school food service directors of a school meal program in an urban area who are employed in different States; (C) 2 members shall be school food service directors of a school meal program in a rural area who are employed in different States; (D) 2 members shall be officials of the Food and Nutrition Service office of the Department of Agriculture; (E) 2 members shall be parents or guardians (who are not related to one another or to the same child) of children who are eligible for free and reduced price school meals; (F) 2 members shall represent organizations with expertise in the school meal programs; and (G) 2 members shall be food service professionals who-- (i) work in school cafeterias; and (ii) maintain daily contact with students, including by preparing or serving meals or working at registers. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. (d) Compensation.-- (1) In general.--Members shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians.--In the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h). (e) Chairperson; Vice Chairperson.-- (1) Eligibility.--To be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. (f) Meetings.-- (1) In general.--The Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum.--5 members of the Council shall constitute a quorum. (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. (h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. (j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Advisory Council on Unpaid Meal Debt Act of 2022''. SEC. 2. NATIONAL ADVISORY COUNCIL ON UNPAID MEAL DEBT IN CHILD NUTRITION PROGRAMS. (a) Establishment.--There is established a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs (in this section referred to as the ``Council''). (b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. (c) Membership.-- (1) Number and appointment.--The Council shall be composed of 14 members appointed by the Secretary as follows: (A) 2 members shall be school nutrition State agency directors who are employed in different States; (B) 2 members shall be school food service directors of a school meal program in an urban area who are employed in different States; (C) 2 members shall be school food service directors of a school meal program in a rural area who are employed in different States; (D) 2 members shall be officials of the Food and Nutrition Service office of the Department of Agriculture; (E) 2 members shall be parents or guardians (who are not related to one another or to the same child) of children who are eligible for free and reduced price school meals; (F) 2 members shall represent organizations with expertise in the school meal programs; and (G) 2 members shall be food service professionals who-- (i) work in school cafeterias; and (ii) maintain daily contact with students, including by preparing or serving meals or working at registers. (2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. (d) Compensation.-- (1) In general.--Members shall serve without pay. (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians.--In the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h). (e) Chairperson; Vice Chairperson.-- (1) Eligibility.--To be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. (f) Meetings.-- (1) In general.--The Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum.--5 members of the Council shall constitute a quorum. (g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. (h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. (j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). <all>

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. 2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. ( B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. ( h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. ( (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( 2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). ( (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. ( j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. ( (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( 2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). ( (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. ( j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. 2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. ( B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. ( h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. ( (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( 2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). ( (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. ( j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. 2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. ( B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. ( h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. ( (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( 2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). ( (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. ( j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. 2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. ( B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. ( h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. ( (B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( 2) Election.--The Chairperson and Vice Chairperson of the Council shall be elected by such members. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). ( (i) Technical Assistance.--The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. ( j) Unpaid School Meal Fees Defined.--In this section, the term ``unpaid school meal fees'' means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).

To establish a National Advisory Council on Unpaid Meal Debt in Child Nutrition Programs, and for other purposes. b) Duties.--The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that-- (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. 2) Terms.-- (A) In general.--Each member shall be appointed for the life of the Council. ( B) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. ( (2) Travel expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ( g) Report.-- (1) In general.--Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance.--Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. ( h) Termination.--The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (

S.5199

Public Lands and Natural Resources

Coral Sustainability Through Innovation Act of 2022 This bill authorizes the federal agencies on the U.S. Coral Reef Task Force, which includes the National Oceanic and Atmospheric Administration, to carry out prize competitions that promote coral reef research and conservation. The prize competitions must be designed to help the United States achieve its goal of developing new and effective ways to advance the understanding, monitoring, and sustainability of coral reef ecosystems. Priority is given to establish programs that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems.

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Sustainability Through Innovation Act of 2022''. SEC. 2. PRIZE COMPETITIONS TO PROMOTE INNOVATION IN CORAL REEF RESEARCH AND CONSERVATION. The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by redesignating sections 208, 209, and 210 (16 U.S.C. 6407, 6408, and 6409) as sections 209, 210, and 211, respectively; and (2) by inserting after section 207 the following: ``SEC. 208. CORAL REEF PRIZE COMPETITIONS. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). ``(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. ``(c) Priority Programs.--Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including-- ``(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction; ``(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; ``(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; ``(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and ``(5) the development of adaptation and management options for impacted tourism industries.''. <all>

Coral Sustainability Through Innovation Act of 2022

A bill to authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes.

Coral Sustainability Through Innovation Act of 2022

Sen. Hirono, Mazie K.

D

HI

This bill authorizes the federal agencies on the U.S. Coral Reef Task Force, which includes the National Oceanic and Atmospheric Administration, to carry out prize competitions that promote coral reef research and conservation. The prize competitions must be designed to help the United States achieve its goal of developing new and effective ways to advance the understanding, monitoring, and sustainability of coral reef ecosystems. Priority is given to establish programs that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems.

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Sustainability Through Innovation Act of 2022''. SEC. 2. PRIZE COMPETITIONS TO PROMOTE INNOVATION IN CORAL REEF RESEARCH AND CONSERVATION. The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by redesignating sections 208, 209, and 210 (16 U.S.C. 6407, 6408, and 6409) as sections 209, 210, and 211, respectively; and (2) by inserting after section 207 the following: ``SEC. 208. CORAL REEF PRIZE COMPETITIONS. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). ``(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. ``(c) Priority Programs.--Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including-- ``(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction; ``(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; ``(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; ``(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and ``(5) the development of adaptation and management options for impacted tourism industries.''. <all>

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Sustainability Through Innovation Act of 2022''. SEC. 2. PRIZE COMPETITIONS TO PROMOTE INNOVATION IN CORAL REEF RESEARCH AND CONSERVATION. 6401 et seq.) is amended-- (1) by redesignating sections 208, 209, and 210 (16 U.S.C. 6407, 6408, and 6409) as sections 209, 210, and 211, respectively; and (2) by inserting after section 207 the following: ``SEC. CORAL REEF PRIZE COMPETITIONS. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). ``(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. ``(c) Priority Programs.--Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including-- ``(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction; ``(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; ``(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; ``(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and ``(5) the development of adaptation and management options for impacted tourism industries.''.

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Sustainability Through Innovation Act of 2022''. SEC. 2. PRIZE COMPETITIONS TO PROMOTE INNOVATION IN CORAL REEF RESEARCH AND CONSERVATION. The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by redesignating sections 208, 209, and 210 (16 U.S.C. 6407, 6408, and 6409) as sections 209, 210, and 211, respectively; and (2) by inserting after section 207 the following: ``SEC. 208. CORAL REEF PRIZE COMPETITIONS. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). ``(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. ``(c) Priority Programs.--Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including-- ``(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction; ``(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; ``(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; ``(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and ``(5) the development of adaptation and management options for impacted tourism industries.''. <all>

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Coral Sustainability Through Innovation Act of 2022''. SEC. 2. PRIZE COMPETITIONS TO PROMOTE INNOVATION IN CORAL REEF RESEARCH AND CONSERVATION. The Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.) is amended-- (1) by redesignating sections 208, 209, and 210 (16 U.S.C. 6407, 6408, and 6409) as sections 209, 210, and 211, respectively; and (2) by inserting after section 207 the following: ``SEC. 208. CORAL REEF PRIZE COMPETITIONS. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719). ``(b) Purposes.--Any program carried out under this section shall be for the purpose of stimulating innovation to advance the ability of the United States to understand, research, or monitor coral reef ecosystems, or to develop management or adaptation options to preserve, sustain, and restore coral reef ecosystems. ``(c) Priority Programs.--Priority shall be given to establish programs under this section that address communities, environments, or industries that are in distress due to the decline or degradation of coral reef ecosystems, including-- ``(1) scientific research and monitoring that furthers the understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances, including ocean acidification and its impacts on coral reproduction; ``(2) the development of monitoring or management options for communities or industries that are experiencing significant financial hardship; ``(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems; ``(4) the development of measures to help vulnerable communities or industries, with an emphasis on rural communities and businesses; and ``(5) the development of adaptation and management options for impacted tourism industries.''. <all>

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

To authorize Federal agencies to establish prize competitions for innovation or adaptation management development relating to coral reef ecosystems, and for other purposes. ``(a) In General.--The head of any Federal agency with a representative serving on the U.S. Coral Reef Task Force established under Executive Order 13089 issued on June 11, 1998 (16 U.S.C. 6401 note), may, either individually or in cooperation with one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).

H.R.1498

Education

Students Before Unions Act This bill requires local educational agencies, as a condition of receiving certain elementary and secondary school emergency relief subgrants, to publicly disclose negotiations with labor organizations (e.g., teacher unions) that are related to providing in-person instruction.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 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 ``Students Before Unions Act''. SEC. 2. CONDITIONS FOR RECEIPT OF FUNDS. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''. <all>

Students Before Unions Act

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021.

Students Before Unions Act

Rep. Good, Bob

R

VA

This bill requires local educational agencies, as a condition of receiving certain elementary and secondary school emergency relief subgrants, to publicly disclose negotiations with labor organizations (e.g., teacher unions) that are related to providing in-person instruction.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 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 ``Students Before Unions Act''. SEC. 2. CONDITIONS FOR RECEIPT OF FUNDS. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''. <all>

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 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 ``Students Before Unions Act''. SEC. 2. CONDITIONS FOR RECEIPT OF FUNDS. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''. <all>

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 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 ``Students Before Unions Act''. SEC. 2. CONDITIONS FOR RECEIPT OF FUNDS. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''. <all>

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 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 ``Students Before Unions Act''. SEC. 2. CONDITIONS FOR RECEIPT OF FUNDS. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''. <all>

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

To require that local educational agencies disclose negotiations with teacher unions as a condition for eligibility to receive funds under the Elementary and Secondary School Emergency Relief Fund of the Education Stabilization Fund of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021. Section 313(c) of division M of the Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Public Law 116-260) is amended by inserting before the period the following: ``, except that a local educational agency may not receive a subgrant under this subsection unless any negotiations between the local educational agency and a labor organization with respect to the conditions for the provision of in-person instruction are documented in writing and made public''.

H.R.6658

Taxation

Protecting Family and Small Business Tax Cuts Act of 2022 This bill makes permanent provisions affecting individual and business taxpayers that were enacted in 2017 by the Tax Cuts and Jobs Act and are scheduled to expire at the end of 2025. The bill makes permanent provisions that reduce individual and capital gain tax rates. The bill increases the standard tax deduction for individual taxpayers. It also increases and modifies the child tax credit and raises the contribution base for the tax deduction of charitable contributions. The bill allows additional contributions to ABLE accounts (tax-exempt accounts designed to enable individuals with disabilities to save and pay for disability-related expenses). It exempts from taxation combat zone benefits of members of the Armed Forces serving in the Sinai Peninsula of Egypt and the moving expenses of servicemembers. Additionally, the bill

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Protecting Family and Small Business Tax Cuts Act of 2022''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) References to the Tax Cuts and Jobs Act.--Title I of Public Law 115-97 may be cited as the ``Tax Cuts and Jobs Act''. (d) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title, etc. TITLE I--INDIVIDUAL REFORM MADE PERMANENT Subtitle A--Rate Reform Sec. 101. Modification of rates. Subtitle B--Deduction for Qualified Business Income of Pass-Thru Entities Sec. 111. Deduction for qualified business income. Sec. 112. Limitation on losses for taxpayers other than corporations. Subtitle C--Tax Benefits for Families and Individuals Sec. 121. Increase in standard deduction. Sec. 122. Increase in and modification of child tax credit. Sec. 123. Increased limitation for certain charitable contributions. Sec. 124. Increased contributions to ABLE accounts. Sec. 125. Rollovers to ABLE programs from 529 programs. Sec. 126. Treatment of certain individuals performing services in the Sinai Peninsula of Egypt. Subtitle D--Education Sec. 131. Treatment of student loans discharged on account of death or disability. Subtitle E--Deductions and Exclusions Sec. 141. Repeal of deduction for personal exemptions. Sec. 142. Limitation on deduction for State and local, etc., taxes. Sec. 143. Limitation on deduction for qualified residence interest. Sec. 144. Modification of deduction for personal casualty losses. Sec. 145. Termination of miscellaneous itemized deductions. Sec. 146. Repeal of overall limitation on itemized deductions. Sec. 147. Termination of exclusion for qualified bicycle commuting reimbursement. Sec. 148. Qualified moving expense reimbursement exclusion limited to members of Armed Forces. Sec. 149. Deduction for moving expenses limited to members of Armed Forces. Sec. 150. Limitation on wagering losses. Subtitle F--Increase in Estate and Gift Tax Exemption Sec. 151. Increase in estate and gift tax exemption. TITLE II--INCREASED EXEMPTION FOR ALTERNATIVE MINIMUM TAX MADE PERMANENT Sec. 201. Increased exemption for individuals. TITLE I--INDIVIDUAL REFORM MADE PERMANENT Subtitle A--Rate Reform SEC. 101. MODIFICATION OF RATES. (a) Married Individuals Filing Joint Returns and Surviving Spouses.--Section 1(a) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $19,050..................... 10% of taxable income. Over $19,050 but not over $77,400.... $1,905, plus 12% of the excess over $19,050. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $165,000 but not over $315,000.. $28,179, plus 24% of the excess over $165,000. Over $315,000 but not over $400,000.. $64,179, plus 32% of the excess over $315,000. Over $400,000 but not over $600,000.. $91,379, plus 35% of the excess over $400,000. Over $600,000........................ $161,379, plus 37% of the excess over $600,000.''. (b) Heads of Households.--Section 1(b) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $13,600..................... 10% of taxable income. Over $13,600 but not over $51,800.... $1,360, plus 12% of the excess over $13,600. Over $51,800 but not over $82,500.... $5,944, plus 22% of the excess over $51,800. Over $82,500 but not over $157,500... $12,698, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $30,698, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $44,298, plus 35% of the excess over $200,000. Over $500,000........................ $149,298, plus 37% of the excess over $500,000.''. (c) Unmarried Individuals Other Than Surviving Spouses and Heads of Households.--Section 1(c) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $500,000.. $45,689.50, plus 35% of the excess over $200,000. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. (d) Married Individuals Filing Separate Returns.--Section 1(d) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $38,700 but not over $82,500.... $4,453.50, plus 22% of the excess over $38,700. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $200,000 but not over $300,000.. $45,689.50, plus 35% of the excess over $200,000. Over $300,000........................ $80,689.50, plus 37% of the excess over $300,000.''. (e) Estates and Trusts.--Section 1(e) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $2,550...................... 10% of taxable income. Over $2,550 but not over $9,150...... $255, plus 24% of the excess over $2,550. Over $9,150 but not over $12,500..... $1,839, plus 35% of the excess over $9,150. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. (f) Inflation Adjustments.--Section 1(f) is amended-- (1) by amending paragraph (2)(A) to read as follows: ``(A) by increasing the minimum and maximum dollar amounts for each bracket for which a tax is imposed under such table by the cost-of-living adjustment for such calendar year, determined under this subsection for such calendar year by substituting `2017' for `2016' in paragraph (3)(A)(ii),'', (2) by amending paragraph (7) to read as follows: ``(7) Rounding.-- ``(A) In general.--Except as provided in subparagraph (B), if any increase determined under paragraph (2)(A) is not a multiple of $25, such increase shall be rounded to the next lowest multiple of $25. ``(B) Joint returns, etc.--In the case of a table prescribed under subsection (a), subparagraph (A) shall be applied by substituting `$50' for `$25' both places it appears.'', (3) by striking paragraph (8), and (4) in the heading, by striking ``Phaseout of Marriage Penalty in 15-percent Bracket; Adjustments'' and inserting ``Adjustments''. (g) Application of Income Tax Brackets to Capital Gains Brackets.-- Section 1(h) is amended-- (1) in paragraph (1)(B)(i), by striking ``25 percent'' and inserting ``22 percent'', (2) in paragraph (1)(C)(ii)(I), by striking ``which would (without regard to this paragraph) be taxed at a rate below 39.6 percent'' and inserting ``below the maximum 15-percent rate amount'', and (3) by adding at the end the following new paragraphs: ``(12) Maximum 15-percent rate amount defined.--For purposes of this subsection, the maximum 15-percent rate amount shall be-- ``(A) in the case of a joint return or surviving spouse (as defined in section 2(a)), $479,000 (\1/2\ such amount in the case of a married individual filing a separate return), ``(B) in the case of an individual who is a head of household (as defined in section 2(b)), $452,400, ``(C) in the case of any other individual (other than an estate or trust), $425,800, and ``(D) in the case of an estate or trust, $12,700. ``(13) Determination of 0 percent rate bracket for estates and trusts.--In the case of any estate or trust, paragraph (1)(B) shall be applied by treating the amount determined in clause (i) thereof as being equal to $2,600. ``(14) Inflation adjustment.-- ``(A) In general.--Each of the dollar amounts in paragraphs (12) and (13) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any increase under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (h) Conforming Amendments.-- (1) Section 1 is amended by striking subsections (i) and (j). (2) Section 3402(q)(1) is amended by striking ``third lowest'' and inserting ``fourth lowest''. (i) Application of Section 15.-- (1) In general.--Subsection (a) of section 15 is amended by striking ``If any rate of tax'' and inserting ``In the case of a corporation, if any rate of tax''. (2) Conforming amendments.-- (A) Section 15 is amended by striking subsections (d), (e), and (f). (B) Section 6013(c) is amended by striking ``sections 15, 443, and 7851(a)(1)(A)'' and inserting ``section 443''. (C) The heading of section 15 is amended by inserting ``on corporations'' after ``effect of changes''. (D) The table of sections for part III of subchapter A of chapter 1 is amended by striking the item relating to section 15 and inserting the following new item: ``Sec. 15. Effect of changes on corporations.''. (j) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Application of section 15.--Section 15 of the Internal Revenue Code of 1986 shall not apply to any change in a rate of tax by reason of-- (A) section 1(j) of such Code (as in effect before its repeal by this section), or (B) any amendment made by this Act. Subtitle B--Deduction for Qualified Business Income of Pass-Thru Entities SEC. 111. DEDUCTION FOR QUALIFIED BUSINESS INCOME. (a) In General.--Section 199A is amended by striking subsection (i). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 112. LIMITATION ON LOSSES FOR TAXPAYERS OTHER THAN CORPORATIONS. (a) In General.--Section 461 is amended-- (1) by amending subsection (l)(1) to read as follows: ``(1) Limitation.--In the case of a taxpayer other than a corporation, any excess business loss of the taxpayer for the taxable year shall not be allowed.'', and (2) by striking subsection (j) and redesignating subsections (k) and (l) (as amended) as subsections (j) and (k), respectively. (b) Conforming Amendments.-- (1) Section 58(a)(2)(A) is amended by striking ``461(k)'' and inserting ``461(j)''. (2) Section 461(i)(4) is amended by striking ``subsection (k)'' and inserting ``subsection (j)''. (3) Section 464(d)(2)(B)(iii) is amended by striking ``section 461(k)(2)(E)'' and inserting ``section 461(j)(2)(E)''. (4) Subparagraphs (B) and (C) of section 1256(e)(3) are each amended by striking ``section 461(k)(4)'' and inserting ``section 461(j)(4)''. (5) Section 1258(d)(5)(C) is amended by striking ``section 461(k)(4)'' and inserting ``section 461(j)(4)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Subtitle C--Tax Benefits for Families and Individuals SEC. 121. INCREASE IN STANDARD DEDUCTION. (a) In General.--Section 63(c)(2) is amended-- (1) by striking ``$4,400'' in subparagraph (B) and inserting ``$18,000'', and (2) by striking ``$3,000'' in subparagraph (C) and inserting ``$12,000''. (b) Inflation Adjustment.--Section 63(c)(4) is amended to read as follows: ``(4) Adjustments for inflation.-- ``(A) In general.--Each dollar amount in paragraph (2)(B), (2)(C), or (5) or subsection (f) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting for `2016' in subparagraph (A)(ii) thereof-- ``(I) in the case of the dollar amounts contained in paragraph (2)(B) or (2)(C), `2017', ``(II) in the case of the dollar amounts contained in paragraph (5)(A) or subsection (f), `1987', and ``(III) in the case of the dollar amount contained in paragraph (5)(B), `1997'. ``(B) Rounding.--If any increase under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (c) Conforming Amendment.--Section 63(c) is amended by striking paragraph (7). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 122. INCREASE IN AND MODIFICATION OF CHILD TAX CREDIT. (a) In General.--Section 24 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $2,000 for each qualifying child of the taxpayer, and ``(2) $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ``(b) Limitation Based on Adjusted Gross Income.--The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). For purposes of the preceding sentence, the term ``modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 7706(c)) of the taxpayer, ``(B) who has not attained age 17 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ``(2) Qualifying dependent.--The term `qualifying dependent' means any dependent of the taxpayer (as defined in section 7706 without regard to all that follows `resident of the United States' in section 7706(b)(3)(A)) whose name and TIN are included on the taxpayer's return of tax for the taxable year. ``(3) Social security number defined.--For purposes of this subsection, the term `social security number' means, with respect to a return of tax, a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued-- ``(A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and ``(B) on or before the due date of filing such return.''. (b) Portion of Credit Refundable.-- (1) In general.--Section 24(d)(1)(A) is amended to read as follows: ``(A) the credit which would be allowed under this section determined-- ``(i) by substituting `$1,400' for `$2,000' in subsection (a)(1), ``(ii) without regard to subsection (a)(2), and ``(iii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or''. (2) Modification of limitation based on earned income.-- Section 24(d)(1)(B)(i) is amended by striking ``$3,000'' and inserting ``$2,500''. (3) Inflation adjustment.--Section 24(d) is amended by inserting after paragraph (3) the following new paragraph: ``(4) Adjustment for inflation.-- ``(A) In general.--The $1,400 amount in paragraph (1)(A)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2017' for `2016' in subparagraph (A)(ii) thereof. ``(B) Rounding.--If any increase under subparagraph (A) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. ``(C) Limitation.--The amount of any increase under subparagraph (A) (after the application of subparagraph (B)) shall not exceed $600.''. (4) Conforming amendments.-- (A) Section 24(e) is amended to read as follows: ``(e) Taxpayer Identification Requirement.--No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year.''. (B) Section 24 is amended by striking subsection (h). (c) Repeal of Certain Later Enacted Provisions.-- (1) Section 24 is amended by striking subsections (i), (j), and (k). (2) Chapter 77 is amended by striking section 7527A (and by striking the item relating to section 7527A in the table of sections for such chapter). (3) Section 26(b)(2) is amended by inserting ``and'' at the end of subparagraph (X), by striking ``, and'' at the end of subparagraph (Y) and inserting a period, and by striking subparagraph (Z). (4) Section 3402(f)(1)(C) is amended by striking ``section 24 (determined after application of subsection (j) thereof)'' and inserting ``section 24(a)''. (5) Section 6211(b)(4)(A) is amended-- (A) by striking ``24 by reason of subsections (d) and (i)(1) thereof'' and inserting ``24(d)'', and (B) by striking ``6428B, and 7527A'' and inserting ``and 6428B''. (6) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``6431, or 7527A'' and inserting ``or 6431''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 123. INCREASED LIMITATION FOR CERTAIN CHARITABLE CONTRIBUTIONS. (a) In General.--Section 170(b)(1)(G) is amended to read as follows: ``(G) Cash contributions.-- ``(i) In general.--Any contribution of cash to an organization described in subparagraph (A) shall be allowed to the extent that the aggregate of such contributions does not exceed 60 percent of the taxpayer's contribution base for the taxable year, reduced by the aggregate amount of contributions allowable under subparagraph (A) for such taxpayer for such year. ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time.''. (b) Coordination With Limitations on Other Contributions.-- (1) Coordination with 50 percent limitation.--Section 170(b)(1)(A) is amended by striking ``Any charitable contribution'' and inserting ``Any charitable contribution other than a contribution described in subparagraph (G)''. (2) Coordination with 30 percent limitation.--Section 170(b)(1)(B) is amended-- (A) in the matter preceding clause (i), by striking ``to which subparagraph (A) applies'' and inserting ``to which subparagraph (A) or (G) applies'', (B) by amending clause (ii) to read as follows: ``(ii) the excess of-- ``(I) the sum of 50 percent of the taxpayer's contribution base for the taxable year, plus so much of the amount of charitable contributions allowable under subparagraph (G) as does not exceed 10 percent of such contribution base, over ``(II) the amount of charitable contributions allowable under subparagraphs (A) and (G) (determined without regard to subparagraph (C)).'', and (C) in the matter following clause (ii), by striking ``(to which subparagraph (A) does not apply)'' and inserting ``(to which neither subparagraph (A) nor (G) applies)''. (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. SEC. 124. INCREASED CONTRIBUTIONS TO ABLE ACCOUNTS. (a) Increase in Limitation for Contributions From Compensation of Individuals With Disabilities.--Section 529A(b)(2)(B)(ii) is amended by striking ``before January 1, 2026''. (b) Allowance of Saver's Credit for ABLE Contributions by Account Holder.--Section 25B(d)(1)(D) is amended by striking ``made before January 1, 2026,''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 125. ROLLOVERS TO ABLE PROGRAMS FROM 529 PROGRAMS. (a) In General.--Section 529(c)(3)(C)(i)(III) is amended by striking ``before January 1, 2026,''. (b) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act. SEC. 126. TREATMENT OF CERTAIN INDIVIDUALS PERFORMING SERVICES IN THE SINAI PENINSULA OF EGYPT. (a) In General.--Section 112(c)(2) is amended-- (1) by striking ``means any area'' and inserting ``means-- ``(A) any area'', and (2) by striking the period at the end and inserting ``, and ``(B) the Sinai Peninsula of Egypt.''. (b) Period of Treatment.--Section 112(c)(3) is amended-- (1) by striking ``only if performed'' and inserting ``only if-- ``(A) in the case of an area described in paragraph (2)(A), such service is performed'', and (2) by striking the period at the end and inserting ``, and ``(B) in the case of the area described in paragraph (2)(B), such service is performed during any period with respect to which one or more members of the Armed Forces of the United States are entitled to special pay under section 310 of title 37, United States Code (relating to special pay; duty subject to hostile fire or imminent danger), for service performed in such area.''. (c) Conforming Amendment.--The Tax Cuts and Jobs Act is amended by striking section 11026. (d) Effective Date.--The amendments made by this section shall apply with respect to services performed on or after the date of the enactment of this Act. Subtitle D--Education SEC. 131. TREATMENT OF STUDENT LOANS DISCHARGED ON ACCOUNT OF DEATH OR DISABILITY. (a) In General.--Section 108(f) is amended by adding at the end the following new paragraph: ``(6) Discharges on account of death or disability after 2025.-- ``(A) In general.--In the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income for such taxable year by reasons of the discharge (in whole or in part) of any loan described in subparagraph (B) after December 31, 2025, if such discharge was-- ``(i) pursuant to subsection (a) or (d) of section 437 of the Higher Education Act of 1965 or the parallel benefit under part D of title IV of such Act (relating to the repayment of loan liability), ``(ii) pursuant to section 464(c)(1)(F) of such Act, or ``(iii) otherwise discharged on account of the death or total and permanent disability of the student. ``(B) Loans described.--A loan is described in this subparagraph if such loan is-- ``(i) a student loan (as defined in paragraph (2)), or ``(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).''. (b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness after December 31, 2025. Subtitle E--Deductions and Exclusions SEC. 141. REPEAL OF DEDUCTION FOR PERSONAL EXEMPTIONS. (a) In General.--Part V of subchapter B of chapter 1 is hereby repealed. (b) Definition of Dependent Retained.--Section 152, prior to the repeal made by subsection (a), is hereby redesignated as section 7706 and moved to the end of chapter 79. (c) Application to Trusts and Estates.--Section 642(b) is amended-- (1) in paragraph (2)(C)-- (A) in clause (i), by striking ``the exemption amount under section 151(d)'' and all that follows through the period at the end and inserting ``the dollar amount in effect under section 7706(d)(1)(B).'', and (B) by striking clause (iii), (2) by striking paragraph (3), and (3) by striking ``Deduction For Personal Exemption'' in the heading thereof and inserting ``Basic Deduction''. (d) Application to Nonresident Aliens.--Section 873(b) is amended by striking paragraph (3). (e) Modification of Return Requirement.-- (1) In general.--Section 6012(a)(1) is amended to read as follows: ``(1) Every individual who has gross income for the taxable year, except that a return shall not be required of-- ``(A) an individual who is not married (determined by applying section 7703) and who has gross income for the taxable year which does not exceed the standard deduction applicable to such individual for such taxable year under section 63, or ``(B) an individual entitled to make a joint return if-- ``(i) the gross income of such individual, when combined with the gross income of such individual's spouse, for the taxable year does not exceed the standard deduction which would be applicable for such taxable year under section 63 if such individual and such individual's spouse made a joint return, ``(ii) such individual's spouse does not make a separate return, and ``(iii) neither such individual nor such individual's spouse is an individual described in section 63(c)(4) who has income (other than earned income) in excess of the amount in effect under section 63(c)(4)(A).''. (2) Bankruptcy estates.--Section 6012(a)(8) is amended by striking ``the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(C)'' and inserting ``the standard deduction in effect under section 63(c)(1)(B)''. (3) Conforming amendment.--Section 6012 is amended by striking subsection (f). (f) Conforming Amendments.-- (1) Section 1(g)(5)(A) is amended by striking ``section 152(e)'' and inserting ``section 7706(e)''. (2) Section 2(a)(1)(B) is amended-- (A) by striking ``section 152'' and inserting ``section 7706'', and (B) by striking ``with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151'' and inserting ``whose TIN is included on the taxpayer's return of tax for the taxable year''. (3) Section 2(b)(1)(A)(i) is amended-- (A) in the matter preceding subclause (I)-- (i) by striking ``section 152(c)'' and inserting ``section 7706(c)'', and (ii) by striking ``section 152(e)'' and inserting ``section 7706(e)'', and (B) in subclause (II), by striking ``section 152(b)(2) or 152(b)(3)'' and inserting ``section 7706(b)(2) or 7706(b)(3)''. (4) Section 2(b)(1)(A)(ii) is amended by striking ``if the taxpayer is entitled to a deduction for the taxable year for such person under section 151'' and inserting ``if the taxpayer included such person's TIN on the return of tax for the taxable year''. (5) Section 2(b)(1)(B) is amended by striking ``if the taxpayer is entitled to a deduction for the taxable year for such father or mother under section 151'' and inserting ``if such father or mother is a dependent of the taxpayer and the taxpayer included such father or mother's TIN on the return of tax for the taxable year''. (6) Section 2(b)(3)(B) is amended-- (A) by striking ``section 152(d)(2)'' in clause (i) and inserting ``section 7706(d)(2)'', and (B) by striking ``section 152(d)'' in clause (ii) and inserting ``section 7706(d)''. (7) Section 21(b)(1)(A) is amended by striking ``section 152(a)(1)'' and inserting ``section 7706(a)(1)''. (8) Section 21(b)(1)(B) is amended by striking ``section 152'' and inserting ``section 7706''. (9) Section 21(e)(5)(A) is amended by striking ``section 152(e)'' and inserting ``section 7706(e)''. (10) Section 21(e)(5) is amended by striking ``section 152(e)(4)(A)'' in the matter following subparagraph (B) and inserting ``section 7706(e)(4)(A)''. (11) Section 21(e)(6)(A) is amended to read as follows: ``(A) who is a dependent of either the taxpayer or the taxpayer's spouse for the taxable year, or''. (12) Section 21(e)(6)(B) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. (13) Section 25A(f)(1)(A)(iii) is amended by striking ``with respect to whom the taxpayer is allowed a deduction under section 151''. (14) Section 25A(g)(3) is amended by striking ``If a deduction under section 151 with respect to an individual is allowed to another taxpayer'' and inserting ``If an individual is a dependent of another taxpayer''. (15) Section 25B(c)(2)(A) is amended by striking ``any individual with respect to whom a deduction under section 151 is allowed to another taxpayer'' and inserting ``any individual who is a dependent of another taxpayer''. (16) Section 25B(c)(2)(B) is amended by striking ``section 152(f)(2)'' and inserting ``section 7706(f)(2)''. (17) Section 32(c)(1)(A)(ii)(III) is amended by striking ``a dependent for whom a deduction is allowable under section 151 to another taxpayer'' and inserting ``a dependent of another taxpayer''. (18) Section 32(c)(3) is amended-- (A) in subparagraph (A)-- (i) by striking ``section 152(c)'' and inserting ``section 7706(c)'', and (ii) by striking ``section 152(e)'' and inserting ``section 7706(e)'', (B) in subparagraph (B), by striking ``unless the taxpayer is entitled to a deduction under section 151 for such taxable year with respect to such individual (or would be so entitled but for section 152(e)'' and inserting ``if such individual is not treated as a dependent of such taxpayer for such taxable year by reason of section 7706(b)(2) (determined without regard to section 7706(e))'', and (C) in subparagraph (C), by striking ``section 152(c)(1)(B)'' and inserting ``section 7706(c)(1)(B)''. (19) Section 35(d)(1)(B) is amended by striking ``with respect to whom the taxpayer is entitled to a deduction under section 151(c)'' and inserting ``if the taxpayer included such person's TIN on the return of tax for the taxable year''. (20) Section 35(d)(2) is amended-- (A) by striking ``section 152(e)'' and inserting ``section 7706(e)'', and (B) by striking ``section 152(e)(4)(A)'' and inserting ``section 7706(e)(4)(A)''. (21) Section 36B(b)(2)(A) is amended by striking ``section 152'' and inserting ``section 7706''. (22) Section 36B(b)(3)(B) is amended-- (A) in clause (ii)(I)(aa), by striking ``who is not allowed a deduction under section 151 for the taxable year with respect to a dependent'' and inserting ``who does not have any dependents for the taxable year'', and (B) in the flush matter at the end, by striking ``unless a deduction is allowed under section 151 for the taxable year with respect to a dependent'' and inserting ``unless the taxpayer has a dependent for the taxable year (and the taxpayer included such dependent's TIN on the return of tax for the taxable year)''. (23) Section 36B(c)(1)(D) is amended by striking ``with respect to whom a deduction under section 151 is allowable to another taxpayer'' and inserting ``who is a dependent of another taxpayer''. (24) Section 36B(d)(1) is amended by striking ``equal to the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year'' and inserting ``the sum of 1 (2 in the case of a joint return) plus the number of individuals who are dependents of the taxpayer for the taxable year''. (25) Section 36B(e)(1) is amended by striking ``1 or more individuals for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse)'' and inserting ``1 or more of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer''. (26) Section 42(i)(3)(D)(ii)(I) is amended by striking ``section 152'' and inserting ``section 7706''. (27) Section 45R(e)(1)(A)(iv) is amended-- (A) by striking ``section 152(d)(2)'' and inserting ``section 7706(d)(2)'', and (B) by striking ``section 152(d)(2)(H)'' and inserting ``section 7706(d)(2)(H)''. (28) Section 51(i)(1) is amended-- (A) by striking ``section 152(d)(2)'' in subparagraphs (A) and (B) and inserting ``section 7706(d)(2)'', and (B) by striking ``section 152(d)(2)(H)'' in subparagraph (C) and inserting ``section 7706(d)(2)(H)''. (29) Section 56(b)(1)(D) is amended-- (A) by striking ``, the deduction for personal exemptions under section 151,'', and (B) by striking ``and deduction for personal exemptions'' in the heading thereof. (30) Section 63(b) is amended by adding ``and'' at the end of paragraph (1), by striking paragraph (2), and by redesignating paragraph (3) as paragraph (2). (31) Section 63(c), as amended by section 121, is amended by striking paragraph (3) and redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (32) Section 63(c)(4), as redesignated, is amended-- (A) by striking ``with respect to whom a deduction under section 151 is allowable to'' and inserting ``who is a dependent of'', and (B) by striking ``certain'' in the heading thereof. (33) Section 63(f) is amended by striking all that precedes paragraph (3) and inserting the following: ``(f) Additional Standard Deduction for the Aged and Blind.-- ``(1) In general.--For purposes of subsection (c)(1), the additional standard deduction is, with respect to a taxpayer for a taxable year, the sum of-- ``(A) $600 if the taxpayer has attained age 65 before the close of such taxable year, and ``(B) $600 if the taxpayer is blind as of the close of such taxable year. ``(2) Application to married individuals.-- ``(A) Joint returns.--In the case of a joint return, paragraph (1) shall be applied separately with respect to each spouse. ``(B) Certain married individuals filing separately.--In the case of a married individual filing a separate return, if-- ``(i) the spouse of such individual has no gross income for the calendar year in which the taxable year of such individual begins, ``(ii) such spouse is not the dependent of another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins, and ``(iii) the TIN of such spouse is included on such individual's return of tax for the taxable year, the additional standard deduction shall be determined in the same manner as if such individual and such individual's spouse filed a joint return.''. (34) Section 63(f)(3) is amended by striking ``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B) of paragraph (1)''. (35) Section 72(t)(2)(D)(i)(III) is amended by striking ``section 152'' and inserting ``section 7706''. (36) Section 72(t)(7)(A)(iii) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. (37) Section 105(b) is amended-- (A) by striking ``as defined in section 152'' and inserting ``as defined in section 7706'', (B) by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)'', and (C) by striking ``section 152(e)'' and inserting ``section 7706(e)''. (38) Section 105(c)(1) is amended by striking ``section 152'' and inserting ``section 7706''. (39) Section 125(e)(1)(D) is amended by striking ``section 152'' and inserting ``section 7706''. (40) Section 129(c)(1) is amended to read as follows: ``(1) who is a dependent of such employee or of such employee's spouse, or''. (41) Section 129(c)(2) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. (42) Section 132(h)(2)(B) is amended-- (A) by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)'', and (B) by striking ``section 152(e)'' and inserting ``section 7706(e)''. (43) Section 139D(c)(5) is amended by striking ``section 152'' and inserting ``section 7706''. (44) Section 139E(c)(2) is amended by striking ``section 152'' and inserting ``section 7706''. (45) Section 162(l)(1)(D) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. (46) Section 170(g)(1) is amended by striking ``section 152'' and inserting ``section 7706''. (47) Section 170(g)(3) is amended by striking ``section 152(d)(2)'' and inserting ``section 7706(d)(2)''. (48) Section 172(d) is amended by striking paragraph (3). (49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. (50) Section 213(d)(5) is amended by striking ``section 152(e)'' and inserting ``section 7706(e)''. (51) Section 213(d)(11) is amended by striking ``section 152(d)(2)'' in the matter following subparagraph (B) and inserting ``section 7706(d)(2)''. (52) Section 220(b)(6) is amended by striking ``with respect to whom a deduction under section 151 is allowable to'' and inserting ``who is a dependent of''. (53) Section 220(d)(2)(A) is amended by striking ``section 152'' and inserting ``section 7706''. (54) Section 221(d)(4) is amended by striking ``section 152'' and inserting ``section 7706''. (55) Section 223(b)(6) is amended by striking ``with respect to whom a deduction under section 151 is allowable to'' and inserting ``who is a dependent of''. (56) Section 223(d)(2)(A) is amended by striking ``section 152'' and inserting ``section 7706''. (57) Section 401(h) is amended by striking ``section 152(f)(1)'' in the last sentence and inserting ``section 7706(f)(1)''. (58) Section 402(l)(4)(D) is amended by striking ``section 152'' and inserting ``section 7706''. (59) Section 409A(a)(2)(B)(ii)(I) is amended by striking ``section 152(a)'' and inserting ``section 7706(a)''. (60) Section 441(f)(2)(B)(iii) is amended by striking ``, but only the adjusted amount of the deductions for personal exemptions as described in section 443(c)''. (61) Section 443 is amended-- (A) in subsection (b)-- (i) by striking paragraph (3), and (ii) by striking ``modified taxable income'' and inserting ``taxable income'' each place such term appears, (B) by striking subsection (c), and (C) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (62) Section 501(c)(9) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. (63) Section 529(e)(2)(B) is amended by striking ``section 152(d)(2)'' and inserting ``section 7706(d)(2)''. (64) Section 529A(e)(4) is amended-- (A) by striking ``section 152(d)(2)(B)'' and inserting ``section 7706(d)(2)(B)'', and (B) by striking ``section 152(f)(1)(B)'' and inserting ``section 7706(f)(1)(B)''. (65) Section 643(a)(2) is amended-- (A) by striking ``(relating to deduction for personal exemptions)'' and inserting ``(relating to basic deduction)'', and (B) by striking ``Deduction for personal exemption'' in the heading thereof and inserting ``Basic deduction''. (66) Section 703(a)(2) is amended by striking subparagraph (A) and by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively. (67) Section 874 is amended by striking subsection (b) and by redesignating subsection (c) as subsection (b). (68) Section 891 is amended by striking ``under section 151 and''. (69) Section 904(b)(1) is amended to read as follows: ``(1) Deduction for estates and trusts.--For purposes of subsection (a), the taxable income of an estate or trust shall be computed without any deduction under section 642(b).''. (70) Section 931(b)(1) is amended to read as follows: ``(1) any deduction from gross income, or''. (71) Section 933 is amended-- (A) by striking ``as a deduction from his gross income any deductions (other than the deduction under section 151, relating to personal exemptions)'' in paragraph (1) and inserting ``any deduction from gross income'', and (B) by striking ``as a deduction from his gross income any deductions (other than the deduction for personal exemptions under section 151)'' in paragraph (2) and inserting ``any deduction from gross income''. (72) Section 1212(b)(2)(B)(ii) is amended to read as follows: ``(ii) in the case of an estate or trust, the deduction allowed for such year under section 642(b).''. (73) Section 1361(c)(1)(C) is amended by striking ``section 152(f)(1)(C)'' and inserting ``section 7706(f)(1)(C)''. (74) Section 1402(a) is amended by striking paragraph (7). (75) Section 2032A(c)(7)(D) is amended by striking ``section 152(f)(2)'' and inserting ``section 7706(f)(2)''. (76) Section 3402(f)(1)(A) is amended by striking ``for whom a deduction is allowable with respect to another taxpayer under section 151'' and inserting ``who is a dependent of another taxpayer''. (77) Section 3402(m)(1) is amended by striking ``other than the deductions referred to in section 151 and''. (78) Section 3402(m)(3) is amended by striking ``section 63(c)(3)'' and inserting ``section 63(f)''. (79) Section 3402(r)(2) is amended by striking ``the sum of--'' and all that follows and inserting ``the basic standard deduction (as defined in section 63(c)) for an individual to whom section 63(c)(2)(C) applies.''. (80) Section 5000A(b)(3)(A) is amended by striking ``section 152'' and inserting ``section 7706''. (81) Section 5000A(c)(4)(A) is amended by striking ``the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year'' and inserting ``the sum of 1 (2 in the case of a joint return) plus the number of the taxpayer's dependents for the taxable year''. (82) Section 6013(b)(3)(A) is amended-- (A) by striking ``had less than the exemption amount of gross income'' in clause (ii) and inserting ``had no gross income'', (B) by striking ``had gross income of the exemption amount or more'' in clause (iii) and inserting ``had any gross income'', and (C) by striking the flush language following clause (iii). (83) Section 6014(a) is amended by striking ``section 6012(a)(1)(C)(i)'' and inserting ``section 6012(a)(1)(B)(iii)''. (84) Section 6014(b)(4) is amended by striking ``63(c)(5)'' and inserting ``63(c)(4)''. (85) Section 6103(l)(13) is amended-- (A) in subparagraph (A), by striking clause (iv) and redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively, and (B) in subparagraph (C)(i), by striking ``clauses (i) through (iv)'' and inserting ``clauses (i) through (iii)''. (86) Section 6103(l)(21)(A)(iii) is amended to read as follows: ``(iii) the number of the taxpayer's dependents,''. (87) Section 6213(g)(2)(H) is amended by striking ``section 21 (relating to expenses for household and dependent care services necessary for gainful employment) or section 151 (relating to allowance of deductions for personal exemptions)'' and inserting ``subsection (a)(1)(B), (b)(1)(A)(ii), or (b)(1)(B) of section 2 or section 21, 35(d)(1)(B), 36B(b)(3)(B), or 63(f)(2)(B)''. (88) Section 6334(d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Exempt amount.-- ``(A) In general.--For purposes of paragraph (1), the term `exempt amount' means an amount equal to-- ``(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by ``(ii) 52. ``(B) Amount determined.--For purposes of subparagraph (A), the amount determined under this subparagraph is-- ``(i) the dollar amount in effect under section 7706(d)(1)(B), multiplied by ``(ii) the number of the taxpayer's dependents for the taxable year in which the levy occurs. ``(C) Verified statement.--Unless the taxpayer submits to the Secretary a written and properly verified statement specifying the facts necessary to determine the proper amount under subparagraph (A), subparagraph (A) shall be applied as if the taxpayer were a married individual filing a separate return with no dependents.'', and (B) by striking paragraph (4). (89) Section 7702B(f)(2)(C)(iii) is amended by striking ``section 152(d)(2)'' and inserting ``section 7706(d)(2)''. (90) Section 7703(a) is amended by striking ``part V of subchapter B of chapter 1 and''. (91) Section 7703(b)(1) is amended by striking ``section 152(f)(1))'' and all that follows and inserting ``section 7706(f)(1)) who is a dependent of such individual for the taxable year (or would be but for section 7706(e)),''. (92) Section 7706(a), as redesignated by this section, is amended by striking ``this subtitle'' and inserting ``this title''. (93)(A) Section 7706(d)(1)(B), as redesignated by this section, is amended by striking ``the exemption amount (as defined in section 151(d))'' and inserting ``$4,150''. (B) Section 7706(d), as redesignated by this section, is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.--The $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. If any increase determined under the preceding sentence is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (94) Section 7706(e)(3), as redesignated by this section, is amended by inserting ``(as in effect before its repeal)'' after ``section 151''. (95) Section 7706(f)(6)(B), as redesignated by this section, is amended by striking clause (i) and designating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (96) The table of parts for subchapter B of chapter 1 is amended by striking the item relating to part V. (97) The table of sections for chapter 79 is amended by adding at the end the following new item: ``Sec. 7706. Dependent defined.''. (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 142. LIMITATION ON DEDUCTION FOR STATE AND LOCAL, ETC., TAXES. (a) In General.--Section 164(b)(6) is amended by striking all that precedes ``The preceding sentence'' and inserting the following: ``(6) Limitation on individual deductions.--In the case of an individual-- ``(A) no deduction shall be allowed under this chapter for foreign real property taxes paid or accrued during the taxable year, and ``(B) the aggregate amount of the deduction allowed under this chapter for taxes described in paragraphs (1), (2), and (3) of subsection (a) and paragraph (5) of this subsection (and any tax described in any such paragraph taken into account under section 216(a)(1)) paid or accrued by the taxpayer during the taxable year shall not exceed $10,000 ($5,000 in the case of a married individual filing a separate return).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 143. LIMITATION ON DEDUCTION FOR QUALIFIED RESIDENCE INTEREST. (a) Interest on Home Equity Indebtedness.--Section 163(h)(3)(A) is amended by striking ``during the taxable year on'' and all that follows through ``residence of the taxpayer.'' and inserting ``during the taxable year on acquisition indebtedness with respect to any qualified residence of the taxpayer.''. (b) Limitation on Acquisition Indebtedness.--Section 163(h)(3)(B)(ii) is amended to read as follows: ``(ii) Limitation.--The aggregate amount treated as acquisition indebtedness for any period shall not exceed the excess (if any) of-- ``(I) $750,000 ($375,000, in the case of a married individual filing a separate return), over ``(II) the sum of the aggregate outstanding pre-October 13, 1987, indebtedness (as defined in subparagraph (D)) plus the aggregate outstanding pre-December 15, 2017, indebtedness (as defined in subparagraph (C)).''. (c) Treatment of Indebtedness Incurred on or Before December 15, 2017.--Section 163(h)(3)(C) is amended to read as follows: ``(C) Treatment of indebtedness incurred on or before december 15, 2017.-- ``(i) In general.--In the case of any pre- December 15, 2017, indebtedness, subparagraph (B)(ii) shall not apply and the aggregate amount of such indebtedness treated as acquisition indebtedness for any period shall not exceed the excess (if any) of-- ``(I) $1,000,000 ($500,000, in the case of a married individual filing a separate return), over ``(II) the aggregate outstanding pre-October 13, 1987, indebtedness (as defined in subparagraph (D)). ``(ii) Pre-december 15, 2017, indebtedness.--For purposes of this subparagraph-- ``(I) In general.--The term `pre- December 15, 2017, indebtedness' means indebtedness (other than pre-October 13, 1987, indebtedness) incurred on or before December 15, 2017. ``(II) Binding written contract exception.--In the case of a taxpayer who enters into a written binding contract before December 15, 2017, to close on the purchase of a principal residence before January 1, 2018, and who purchases such residence before April 1, 2018, the term `pre-December 15, 2017, indebtedness' shall include indebtedness secured by such residence. ``(iii) Refinancing indebtedness.-- ``(I) In general.--In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of this subparagraph as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. ``(II) Limitation on period of refinancing.--Subclause (I) shall not apply to any indebtedness after the expiration of the term of the original indebtedness or, if the principal of such original indebtedness is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing).''. (d) Coordination With Treatment of Indebtedness Incurred on or Before October 13, 1987.--Section 163(h)(3)(D) is amended-- (1) by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and (2) in clause (iii) (as so redesignated)-- (A) by striking ``clause (iii)'' in the matter preceding subclause (I) and inserting ``clause (ii)'', and (B) by striking ``clause (iii)(I)'' in subclauses (I) and (II) and inserting ``clause (ii)(I)''. (e) Coordination With Exclusion of Income From Discharge of Indebtedness.--Section 108(h)(2) is amended by striking ``$1,000,000 ($500,000'' and inserting ``$750,000 ($375,000''. (f) Conforming Amendment.--Section 163(h)(3) is amended by striking subparagraph (F). (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 144. MODIFICATION OF DEDUCTION FOR PERSONAL CASUALTY LOSSES. (a) In General.--Section 165(h)(5)(A) is amended by striking ``in a taxable year beginning after December 31, 2017, and before January 1, 2026,''. (b) Conforming Amendments.-- (1) Section 165(h)(5)(B) is amended by striking ``for any taxable year to which subparagraph (A) applies''. (2) Section 165(h)(5) is amended by striking ``for taxable years 2018 through 2025'' in the heading thereof and inserting ``to losses attributable to federally declared disasters''. (c) Effective Date.--The amendments made by this section shall apply to losses sustained in taxable years beginning after the date of the enactment of this Act. SEC. 145. TERMINATION OF MISCELLANEOUS ITEMIZED DEDUCTIONS. (a) In General.--Section 67 is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--In the case of an individual, miscellaneous itemized deductions shall not be allowed.'', and (2) by striking subsection (g). (b) Movement of Definition of Adjusted Gross Income for Estates and Trusts.-- (1) Section 67 is amended by striking subsection (e). (2) Section 641 is amended by adding at the end the following new subsection: ``(d) Computation of Adjusted Gross Income.--For purposes of this title, the adjusted gross income of an estate or trust shall be computed in the same manner as in the case of an individual, except that-- ``(1) the deductions for costs which are paid or incurred in connection with the administration of the estate or trust and which would not have been incurred if the property were not held in such trust or estate, and ``(2) the deductions allowable under sections 642(b), 651, and 661, shall be treated as allowable in arriving at adjusted gross income.''. (c) Conforming Amendments.-- (1) Section 56(b)(1)(A) is amended to read as follows: ``(A) Certain taxes.--No deduction (other than a deduction allowable in computing adjusted gross income) shall be allowed for any taxes described in paragraph (1), (2), or (3) of section 164(a) or clause (ii) of section 164(b)(5)(A).''. (2) Section 56(b)(1)(C), as amended by the preceding provisions of this Act, is amended by striking ``subparagraph (A)(ii)'' and inserting ``subparagraph (A)''. (3) Section 62(a) is amended by striking ``subtitle'' in the matter preceding paragraph (1) and inserting ``title''. (4) Section 641(c)(2)(E) is amended to read as follows: ``(E) Section 642(c) shall not apply.''. (5) Section 1411(a)(2) is amended by striking ``(as defined in section 67(e))''. (6) Section 6654(d)(1)(C) is amended by striking clause (iii). (7) Section 67 is amended in the heading, by striking ``2- percent floor on'' and inserting ``denial of''. (8) The table of sections for part 1 of subchapter B of chapter 1 is amended by striking the item relating to section 67 and inserting the following new item: ``Sec. 67. Denial of miscellaneous itemized deductions.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 146. REPEAL OF OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. (a) In General.--Part 1 of subchapter B of chapter 1 is amended by striking section 68 (and the item relating to such section in the table of sections for such part). (b) Conforming Amendments.-- (1) Section 56(b)(1), as amended by the preceding provisions of this Act, is amended by striking subparagraph (E). (2) Section 164(b)(5)(H)(ii)(III) is amended by striking ``(as determined under section 68(b))''. (3) Section 164(b)(5)(H) is amended by adding at the end the following new clause: ``(iii) Applicable amount defined.--For purposes of clause (ii), the term `applicable amount' means-- ``(I) $300,000 in the case of a joint return or a surviving spouse, ``(II) $275,000 in the case of a head of household, ``(III) $250,000 in the case of an individual who is not married and who is not a surviving spouse or head of household, and ``(IV) \1/2\ the amount applicable under subclause (I) in the case of a married individual filing a separate return. For purposes of this paragraph, marital status shall be determined under section 7703. In the case of any taxable year beginning in calendar years after the date of the enactment of this clause, each of the dollar amounts in this clause shall be increased by an amount equal to such dollar amount, multiplied by the cost-of- living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2012' for `2016' in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 147. TERMINATION OF EXCLUSION FOR QUALIFIED BICYCLE COMMUTING REIMBURSEMENT. (a) In General.--Section 132(f)(1) is amended by striking subparagraph (D). (b) Conforming Amendments.-- (1) Section 132(f)(2) is amended by adding ``and'' at the end of subparagraph (A), striking ``, and'' at the end of subparagraph (B) and inserting a period, and striking subparagraph (C). (2) Section 132(f)(4) is amended by striking ``(other than a qualified bicycle commuting reimbursement)''. (3) Section 132(f) is amended by striking paragraph (8). (4) Section 274(l)(2) is amended by striking ``after December 31, 2017, and before January 1, 2026''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 148. QUALIFIED MOVING EXPENSE REIMBURSEMENT EXCLUSION LIMITED TO MEMBERS OF ARMED FORCES. (a) In General.--Section 132(g) is amended-- (1) by striking ``by an individual'' in paragraph (1) and inserting ``by a qualified military individual'', and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Qualified military individual.--For purposes of this subsection, the term `qualified military individual' means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 149. DEDUCTION FOR MOVING EXPENSES LIMITED TO MEMBERS OF ARMED FORCES. (a) In General.--Section 217 is amended-- (1) by amending subsection (a) to read as follows: ``(a) Deduction Allowed.--There shall be allowed as a deduction moving expenses paid or incurred during the taxable year by a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.'', (2) by striking subsections (c), (d), (f), (g), and (k) and redesignating subsections (h), (i), and (j) as subsections (c), (d), and (f), respectively, and (3) by inserting after subsection (d), as so redesignated, the following new subsection: ``(e) Expenses Furnished in Kind.--Any moving and storage expenses which are furnished in kind (or for which reimbursement or an allowance is provided, but only to the extent of the expenses paid or incurred)-- ``(1) to a member described in subsection (a), or to such member's spouse or dependents, shall not be includible in gross income, and no reporting with respect to such expenses shall be required by the Secretary of Defense or the Secretary of Transportation, as the case may be, and ``(2) to the spouse and dependents of a member described in subsection (a) with regard to moving to a location other than the one to which such member moves (or from a location other than the one from which such member moves), this section shall apply with respect to the moving expenses of such spouse and dependents as if such spouse were a member described in subsection (a).''. (b) Conforming Amendments.-- (1) Subsections (d)(3)(C) and (e) of section 23 are each amended by striking ``section 217(h)(3)'' and inserting ``section 217(c)(3)''. (2) Section 7872(f) is amended by striking paragraph (11). (3) Section 217 is amended in the heading by striking ``moving expenses'' and inserting ``certain moving expenses of members of armed forces''. (4) The table of sections for part VII of subchapter B of chapter 1 is amended by striking the item relating to section 217 and inserting the following new item: ``Sec. 217. Certain moving expenses of members of Armed Forces.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 150. LIMITATION ON WAGERING LOSSES. (a) In General.--Section 165(d) is amended by striking ``in the case of taxable years beginning after December 31, 2017, and before January 1, 2026,''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Subtitle F--Increase in Estate and Gift Tax Exemption SEC. 151. INCREASE IN ESTATE AND GIFT TAX EXEMPTION. (a) In General.--Section 2010(c)(3) is amended in subparagraph (A), by striking ``$5,000,000'' and inserting ``$10,000,000''. (b) Conforming Amendments.-- (1) Section 2001(g) is amended to read as follows: ``(g) Modifications to Gift Tax Payable To Reflect Different Tax Rates.--For purposes of applying subsection (b)(2) with respect to 1 or more gifts, the rates of tax under subsection (c) in effect at the decedent's death shall, in lieu of the rates of tax in effect at the time of such gifts, be used both to compute-- ``(1) the tax imposed by chapter 12 with respect to such gifts, and ``(2) the credit allowed against such tax under section 2505, including in computing-- ``(A) the applicable credit amount under section 2505(a)(1), and ``(B) the sum of the amounts allowed as a credit for all preceding periods under section 2505(a)(2).''. (2) Section 2010(c)(3) is amended by striking subparagraph (C). (c) Effective Date.--The amendments made by this section shall apply to estates of decedents dying and gifts made after the date of the enactment of this Act. TITLE II--INCREASED EXEMPTION FOR ALTERNATIVE MINIMUM TAX MADE PERMANENT SEC. 201. INCREASED EXEMPTION FOR INDIVIDUALS. (a) In General.--Section 55(d)(1) is amended-- (1) by striking ``$78,750'' in subparagraph (A) and inserting ``$109,400'', and (2) by striking ``$50,600'' in subparagraph (B) and inserting ``$70,300''. (b) Phase-Out of Exemption Amount.--Section 55(d)(2) is amended-- (1) by striking ``$150,000'' in subparagraph (A) and inserting ``$1,000,000'', and (2) by striking subparagraphs (B) and (C) and by inserting the following new subparagraphs: ``(B) 50 percent of the dollar amount applicable under subparagraph (A) in the case of a taxpayer described in paragraph (1)(B) or (1)(C), and ``(C) $75,000 in the case of a taxpayer described in paragraph (1)(D).''. (c) Inflation Adjustment.--Section 55(d)(3) is amended to read as follows: ``(3) Inflation adjustment.--Each dollar amount described in clause (i) or (ii) of subparagraph (B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting-- ``(i) in the case of a dollar amount contained in paragraph (1)(D) or (2)(C) or in subsection (b)(1)(A), `calendar year 2011' for `calendar year 2016' in subparagraph (A)(ii) thereof, and ``(ii) in the case of a dollar amount contained in paragraph (1)(A), (1)(B), or (2)(A), `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. Any increased amount determined under this paragraph shall be rounded to the nearest multiple of $100 ($50 in the case of the dollar amount contained in paragraph (2)(C)).''. (d) Repeal of Coordination With Rules Relating to the Taxation of Unearned Children.--Section 59 is amended by striking subsection (j). (e) Conforming Amendment.--Section 55(d) is amended by striking paragraph (4). (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

Protecting Family and Small Business Tax Cuts Act of 2022

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses.

Protecting Family and Small Business Tax Cuts Act of 2022

Rep. Davis, Rodney

R

IL

This bill makes permanent provisions affecting individual and business taxpayers that were enacted in 2017 by the Tax Cuts and Jobs Act and are scheduled to expire at the end of 2025. The bill makes permanent provisions that reduce individual and capital gain tax rates. The bill increases the standard tax deduction for individual taxpayers. It also increases and modifies the child tax credit and raises the contribution base for the tax deduction of charitable contributions. The bill allows additional contributions to ABLE accounts (tax-exempt accounts designed to enable individuals with disabilities to save and pay for disability-related expenses). It exempts from taxation combat zone benefits of members of the Armed Forces serving in the Sinai Peninsula of Egypt and the moving expenses of servicemembers. Additionally, the bill

SHORT TITLE, ETC. 1. Modification of rates. Deduction for qualified business income. Limitation on losses for taxpayers other than corporations. Increase in and modification of child tax credit. Increased contributions to ABLE accounts. Subtitle E--Deductions and Exclusions Sec. Repeal of deduction for personal exemptions. Sec. Increase in estate and gift tax exemption. Increased exemption for individuals. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. ``(14) Inflation adjustment.-- ``(A) In general.--Each of the dollar amounts in paragraphs (12) and (13) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. 15. Effect of changes on corporations.''. (5) Section 1258(d)(5)(C) is amended by striking ``section 461(k)(4)'' and inserting ``section 461(j)(4)''. For purposes of the preceding sentence, the term ``modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. 1650(7))).''. ``(2) Application to married individuals.-- ``(A) Joint returns.--In the case of a joint return, paragraph (1) shall be applied separately with respect to each spouse. (49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. '', and (B) by striking paragraph (4). (96) The table of parts for subchapter B of chapter 1 is amended by striking the item relating to part V. (97) The table of sections for chapter 79 is amended by adding at the end the following new item: ``Sec. Dependent defined.''. (d) Coordination With Treatment of Indebtedness Incurred on or Before October 13, 1987.--Section 163(h)(3)(D) is amended-- (1) by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and (2) in clause (iii) (as so redesignated)-- (A) by striking ``clause (iii)'' in the matter preceding subclause (I) and inserting ``clause (ii)'', and (B) by striking ``clause (iii)(I)'' in subclauses (I) and (II) and inserting ``clause (ii)(I)''. (a) In General.--Section 67 is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--In the case of an individual, miscellaneous itemized deductions shall not be allowed. '', and (2) by striking subsection (g). If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. 217. Certain moving expenses of members of Armed Forces.''. 151. (2) Section 2010(c)(3) is amended by striking subparagraph (C). (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

SHORT TITLE, ETC. 1. Modification of rates. Deduction for qualified business income. Limitation on losses for taxpayers other than corporations. Increase in and modification of child tax credit. Increased contributions to ABLE accounts. Subtitle E--Deductions and Exclusions Sec. Sec. Increased exemption for individuals. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. 15. For purposes of the preceding sentence, the term ``modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(2) Application to married individuals.-- ``(A) Joint returns.--In the case of a joint return, paragraph (1) shall be applied separately with respect to each spouse. (49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. '', and (B) by striking paragraph (4). (96) The table of parts for subchapter B of chapter 1 is amended by striking the item relating to part V. (97) The table of sections for chapter 79 is amended by adding at the end the following new item: ``Sec. Dependent defined.''. (d) Coordination With Treatment of Indebtedness Incurred on or Before October 13, 1987.--Section 163(h)(3)(D) is amended-- (1) by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and (2) in clause (iii) (as so redesignated)-- (A) by striking ``clause (iii)'' in the matter preceding subclause (I) and inserting ``clause (ii)'', and (B) by striking ``clause (iii)(I)'' in subclauses (I) and (II) and inserting ``clause (ii)(I)''. (a) In General.--Section 67 is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--In the case of an individual, miscellaneous itemized deductions shall not be allowed. '', and (2) by striking subsection (g). If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. Certain moving expenses of members of Armed Forces.''. 151. (2) Section 2010(c)(3) is amended by striking subparagraph (C). (f) 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 make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. SHORT TITLE, ETC. 1. Modification of rates. Deduction for qualified business income. Limitation on losses for taxpayers other than corporations. Increase in standard deduction. Increase in and modification of child tax credit. Increased contributions to ABLE accounts. Rollovers to ABLE programs from 529 programs. Treatment of student loans discharged on account of death or disability. Subtitle E--Deductions and Exclusions Sec. Repeal of deduction for personal exemptions. Termination of exclusion for qualified bicycle commuting reimbursement. Sec. Increase in estate and gift tax exemption. Increased exemption for individuals. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $13,600 but not over $51,800.... $1,360, plus 12% of the excess over $13,600. Over $82,500 but not over $157,500... $12,698, plus 24% of the excess over $82,500. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $200,000 but not over $300,000.. $45,689.50, plus 35% of the excess over $200,000. ``(14) Inflation adjustment.-- ``(A) In general.--Each of the dollar amounts in paragraphs (12) and (13) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. 15. Effect of changes on corporations.''. 112. (5) Section 1258(d)(5)(C) is amended by striking ``section 461(k)(4)'' and inserting ``section 461(j)(4)''. 121. (c) Conforming Amendment.--Section 63(c) is amended by striking paragraph (7). For purposes of the preceding sentence, the term ``modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(3) Social security number defined.--For purposes of this subsection, the term `social security number' means, with respect to a return of tax, a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued-- ``(A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and ``(B) on or before the due date of filing such return.''. 125. 1650(7))).''. ``(2) Application to married individuals.-- ``(A) Joint returns.--In the case of a joint return, paragraph (1) shall be applied separately with respect to each spouse. (49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. '', and (B) by striking paragraph (4). (96) The table of parts for subchapter B of chapter 1 is amended by striking the item relating to part V. (97) The table of sections for chapter 79 is amended by adding at the end the following new item: ``Sec. Dependent defined.''. (d) Coordination With Treatment of Indebtedness Incurred on or Before October 13, 1987.--Section 163(h)(3)(D) is amended-- (1) by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and (2) in clause (iii) (as so redesignated)-- (A) by striking ``clause (iii)'' in the matter preceding subclause (I) and inserting ``clause (ii)'', and (B) by striking ``clause (iii)(I)'' in subclauses (I) and (II) and inserting ``clause (ii)(I)''. (a) In General.--Section 67 is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--In the case of an individual, miscellaneous itemized deductions shall not be allowed. '', and (2) by striking subsection (g). If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (4) Section 274(l)(2) is amended by striking ``after December 31, 2017, and before January 1, 2026''. 149. 217. Certain moving expenses of members of Armed Forces.''. 151. (2) Section 2010(c)(3) is amended by striking subparagraph (C). (f) 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 make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. SHORT TITLE, ETC. 1. Modification of rates. Deduction for qualified business income. Limitation on losses for taxpayers other than corporations. Increase in standard deduction. Increase in and modification of child tax credit. Increased contributions to ABLE accounts. Rollovers to ABLE programs from 529 programs. Treatment of student loans discharged on account of death or disability. Subtitle E--Deductions and Exclusions Sec. Repeal of deduction for personal exemptions. Limitation on deduction for qualified residence interest. Termination of exclusion for qualified bicycle commuting reimbursement. Sec. Increase in estate and gift tax exemption. Increased exemption for individuals. 101. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $13,600 but not over $51,800.... $1,360, plus 12% of the excess over $13,600. Over $82,500 but not over $157,500... $12,698, plus 24% of the excess over $82,500. Over $500,000........................ $150,689.50, plus 37% of the excess over $500,000.''. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $200,000 but not over $300,000.. $45,689.50, plus 35% of the excess over $200,000. ``(14) Inflation adjustment.-- ``(A) In general.--Each of the dollar amounts in paragraphs (12) and (13) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under subsection (f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. 15. Effect of changes on corporations.''. 111. 112. (5) Section 1258(d)(5)(C) is amended by striking ``section 461(k)(4)'' and inserting ``section 461(j)(4)''. 121. (c) Conforming Amendment.--Section 63(c) is amended by striking paragraph (7). 122. For purposes of the preceding sentence, the term ``modified adjusted gross income'' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(3) Social security number defined.--For purposes of this subsection, the term `social security number' means, with respect to a return of tax, a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued-- ``(A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and ``(B) on or before the due date of filing such return.''. 123. (2) Coordination with 30 percent limitation.--Section 170(b)(1)(B) is amended-- (A) in the matter preceding clause (i), by striking ``to which subparagraph (A) applies'' and inserting ``to which subparagraph (A) or (G) applies'', (B) by amending clause (ii) to read as follows: ``(ii) the excess of-- ``(I) the sum of 50 percent of the taxpayer's contribution base for the taxable year, plus so much of the amount of charitable contributions allowable under subparagraph (G) as does not exceed 10 percent of such contribution base, over ``(II) the amount of charitable contributions allowable under subparagraphs (A) and (G) (determined without regard to subparagraph (C)). 124. 125. 126. (b) Period of Treatment.--Section 112(c)(3) is amended-- (1) by striking ``only if performed'' and inserting ``only if-- ``(A) in the case of an area described in paragraph (2)(A), such service is performed'', and (2) by striking the period at the end and inserting ``, and ``(B) in the case of the area described in paragraph (2)(B), such service is performed during any period with respect to which one or more members of the Armed Forces of the United States are entitled to special pay under section 310 of title 37, United States Code (relating to special pay; duty subject to hostile fire or imminent danger), for service performed in such area.''. 131. 1650(7))).''. 141. ``(2) Application to married individuals.-- ``(A) Joint returns.--In the case of a joint return, paragraph (1) shall be applied separately with respect to each spouse. (49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. '', and (B) by striking paragraph (4). (96) The table of parts for subchapter B of chapter 1 is amended by striking the item relating to part V. (97) The table of sections for chapter 79 is amended by adding at the end the following new item: ``Sec. Dependent defined.''. 142. 143. (d) Coordination With Treatment of Indebtedness Incurred on or Before October 13, 1987.--Section 163(h)(3)(D) is amended-- (1) by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and (2) in clause (iii) (as so redesignated)-- (A) by striking ``clause (iii)'' in the matter preceding subclause (I) and inserting ``clause (ii)'', and (B) by striking ``clause (iii)(I)'' in subclauses (I) and (II) and inserting ``clause (ii)(I)''. 144. 145. (a) In General.--Section 67 is amended-- (1) by amending subsection (a) to read as follows: ``(a) In General.--In the case of an individual, miscellaneous itemized deductions shall not be allowed. '', and (2) by striking subsection (g). 146. If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. 147. (4) Section 274(l)(2) is amended by striking ``after December 31, 2017, and before January 1, 2026''. 148. 149. 217. Certain moving expenses of members of Armed Forces.''. 151. (2) Section 2010(c)(3) is amended by striking subparagraph (C). 201. (f) 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 make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. Subtitle B--Deduction for Qualified Business Income of Pass-Thru Entities Sec. Increase in standard deduction. Increased contributions to ABLE accounts. Subtitle D--Education Sec. Treatment of student loans discharged on account of death or disability. Repeal of deduction for personal exemptions. Termination of exclusion for qualified bicycle commuting reimbursement. Over $77,400 but not over $165,000... $8,907, plus 22% of the excess over $77,400. Over $600,000........................ $161,379, plus 37% of the excess over $600,000.''. ( Over $157,500 but not over $200,000.. $30,698, plus 32% of the excess over $157,500. (c) Unmarried Individuals Other Than Surviving Spouses and Heads of Households.--Section 1(c) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $82,500 but not over $157,500... $14,089.50, plus 24% of the excess over $82,500. d) Married Individuals Filing Separate Returns.--Section 1(d) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. ( ``(B) Joint returns, etc.--In the case of a table prescribed under subsection (a), subparagraph (A) shall be applied by substituting `$50' for `$25' both places it appears. '', ( 3) by striking paragraph (8), and (4) in the heading, by striking ``Phaseout of Marriage Penalty in 15-percent Bracket; Adjustments'' and inserting ``Adjustments''. ( ``(13) Determination of 0 percent rate bracket for estates and trusts.--In the case of any estate or trust, paragraph (1)(B) shall be applied by treating the amount determined in clause (i) thereof as being equal to $2,600. i) Application of Section 15.-- (1) In general.--Subsection (a) of section 15 is amended by striking ``If any rate of tax'' and inserting ``In the case of a corporation, if any rate of tax''. ( (D) The table of sections for part III of subchapter A of chapter 1 is amended by striking the item relating to section 15 and inserting the following new item: ``Sec. j) Effective Date.-- (1) In general.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. ( a) In General.--Section 461 is amended-- (1) by amending subsection (l)(1) to read as follows: ``(1) Limitation.--In the case of a taxpayer other than a corporation, any excess business loss of the taxpayer for the taxable year shall not be allowed. '', (b) Conforming Amendments.-- (1) Section 58(a)(2)(A) is amended by striking ``461(k)'' and inserting ``461(j)''. ( 3) Section 464(d)(2)(B)(iii) is amended by striking ``section 461(k)(2)(E)'' and inserting ``section 461(j)(2)(E)''. ( ``(B) Rounding.--If any increase under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. ( d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (a) In General.--Section 24 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $2,000 for each qualifying child of the taxpayer, and ``(2) $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 7706(c)) of the taxpayer, ``(B) who has not attained age 17 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. ``(2) Qualifying dependent.--The term `qualifying dependent' means any dependent of the taxpayer (as defined in section 7706 without regard to all that follows `resident of the United States' in section 7706(b)(3)(A)) whose name and TIN are included on the taxpayer's return of tax for the taxable year. b) Portion of Credit Refundable.-- (1) In general.--Section 24(d)(1)(A) is amended to read as follows: ``(A) the credit which would be allowed under this section determined-- ``(i) by substituting `$1,400' for `$2,000' in subsection (a)(1), ``(ii) without regard to subsection (a)(2), and ``(iii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or''. ( (3) Inflation adjustment.--Section 24(d) is amended by inserting after paragraph (3) the following new paragraph: ``(4) Adjustment for inflation.-- ``(A) In general.--The $1,400 amount in paragraph (1)(A)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2017' for `2016' in subparagraph (A)(ii) thereof. 4) Conforming amendments.-- (A) Section 24(e) is amended to read as follows: ``(e) Taxpayer Identification Requirement.--No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year.''. ( (3) Section 26(b)(2) is amended by inserting ``and'' at the end of subparagraph (X), by striking ``, and'' at the end of subparagraph (Y) and inserting a period, and by striking subparagraph (Z). ( 5) Section 6211(b)(4)(A) is amended-- (A) by striking ``24 by reason of subsections (d) and (i)(1) thereof'' and inserting ``24(d)'', and (B) by striking ``6428B, and 7527A'' and inserting ``and 6428B''. ( ``(ii) Carryover.--If the aggregate amount of contributions described in clause (i) exceeds the limitation of clause (i), such excess shall be treated (in a manner consistent with the rules of subsection (d)(1)) as a charitable contribution to which clause (i) applies in each of the 5 succeeding years in order of time.''. ( b) Coordination With Limitations on Other Contributions.-- (1) Coordination with 50 percent limitation.--Section 170(b)(1)(A) is amended by striking ``Any charitable contribution'' and inserting ``Any charitable contribution other than a contribution described in subparagraph (G)''. ( (c) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. a) In General.--Section 529(c)(3)(C)(i)(III) is amended by striking ``before January 1, 2026,''. ( c) Conforming Amendment.--The Tax Cuts and Jobs Act is amended by striking section 11026. ( d) Effective Date.--The amendments made by this section shall apply with respect to services performed on or after the date of the enactment of this Act. ``(B) Loans described.--A loan is described in this subparagraph if such loan is-- ``(i) a student loan (as defined in paragraph (2)), or ``(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).''. ( b) Effective Date.--The amendment made by this section shall apply to discharges of indebtedness after December 31, 2025. (b) Definition of Dependent Retained.--Section 152, prior to the repeal made by subsection (a), is hereby redesignated as section 7706 and moved to the end of chapter 79. ( c) Application to Trusts and Estates.--Section 642(b) is amended-- (1) in paragraph (2)(C)-- (A) in clause (i), by striking ``the exemption amount under section 151(d)'' and all that follows through the period at the end and inserting ``the dollar amount in effect under section 7706(d)(1)(B). '', 2) Bankruptcy estates.--Section 6012(a)(8) is amended by striking ``the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(C)'' and inserting ``the standard deduction in effect under section 63(c)(1)(B)''. ( 3) Conforming amendment.--Section 6012 is amended by striking subsection (f). (f) Conforming Amendments.-- (1) Section 1(g)(5)(A) is amended by striking ``section 152(e)'' and inserting ``section 7706(e)''. ( 2) Section 2(a)(1)(B) is amended-- (A) by striking ``section 152'' and inserting ``section 7706'', and (B) by striking ``with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151'' and inserting ``whose TIN is included on the taxpayer's return of tax for the taxable year''. ( (5) Section 2(b)(1)(B) is amended by striking ``if the taxpayer is entitled to a deduction for the taxable year for such father or mother under section 151'' and inserting ``if such father or mother is a dependent of the taxpayer and the taxpayer included such father or mother's TIN on the return of tax for the taxable year''. ( 7) Section 21(b)(1)(A) is amended by striking ``section 152(a)(1)'' and inserting ``section 7706(a)(1)''. ( (13) Section 25A(f)(1)(A)(iii) is amended by striking ``with respect to whom the taxpayer is allowed a deduction under section 151''. ( 15) Section 25B(c)(2)(A) is amended by striking ``any individual with respect to whom a deduction under section 151 is allowed to another taxpayer'' and inserting ``any individual who is a dependent of another taxpayer''. ( 19) Section 35(d)(1)(B) is amended by striking ``with respect to whom the taxpayer is entitled to a deduction under section 151(c)'' and inserting ``if the taxpayer included such person's TIN on the return of tax for the taxable year''. ( 20) Section 35(d)(2) is amended-- (A) by striking ``section 152(e)'' and inserting ``section 7706(e)'', and (B) by striking ``section 152(e)(4)(A)'' and inserting ``section 7706(e)(4)(A)''. ( (22) Section 36B(b)(3)(B) is amended-- (A) in clause (ii)(I)(aa), by striking ``who is not allowed a deduction under section 151 for the taxable year with respect to a dependent'' and inserting ``who does not have any dependents for the taxable year'', and (B) in the flush matter at the end, by striking ``unless a deduction is allowed under section 151 for the taxable year with respect to a dependent'' and inserting ``unless the taxpayer has a dependent for the taxable year (and the taxpayer included such dependent's TIN on the return of tax for the taxable year)''. ( 23) Section 36B(c)(1)(D) is amended by striking ``with respect to whom a deduction under section 151 is allowable to another taxpayer'' and inserting ``who is a dependent of another taxpayer''. ( (25) Section 36B(e)(1) is amended by striking ``1 or more individuals for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse)'' and inserting ``1 or more of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer''. ( 27) Section 45R(e)(1)(A)(iv) is amended-- (A) by striking ``section 152(d)(2)'' and inserting ``section 7706(d)(2)'', and (B) by striking ``section 152(d)(2)(H)'' and inserting ``section 7706(d)(2)(H)''. ( (32) Section 63(c)(4), as redesignated, is amended-- (A) by striking ``with respect to whom a deduction under section 151 is allowable to'' and inserting ``who is a dependent of'', and (B) by striking ``certain'' in the heading thereof. ( 33) Section 63(f) is amended by striking all that precedes paragraph (3) and inserting the following: ``(f) Additional Standard Deduction for the Aged and Blind.-- ``(1) In general.--For purposes of subsection (c)(1), the additional standard deduction is, with respect to a taxpayer for a taxable year, the sum of-- ``(A) $600 if the taxpayer has attained age 65 before the close of such taxable year, and ``(B) $600 if the taxpayer is blind as of the close of such taxable year. 34) Section 63(f)(3) is amended by striking ``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B) of paragraph (1)''. ( 35) Section 72(t)(2)(D)(i)(III) is amended by striking ``section 152'' and inserting ``section 7706''. ( (40) Section 129(c)(1) is amended to read as follows: ``(1) who is a dependent of such employee or of such employee's spouse, or''. ( 49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. ( 50) Section 213(d)(5) is amended by striking ``section 152(e)'' and inserting ``section 7706(e)''. ( (52) Section 220(b)(6) is amended by striking ``with respect to whom a deduction under section 151 is allowable to'' and inserting ``who is a dependent of''. ( 56) Section 223(d)(2)(A) is amended by striking ``section 152'' and inserting ``section 7706''. ( (62) Section 501(c)(9) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. ( 66) Section 703(a)(2) is amended by striking subparagraph (A) and by redesignating subparagraphs (B) through (F) as subparagraphs (A) through (E), respectively. ( (71) Section 933 is amended-- (A) by striking ``as a deduction from his gross income any deductions (other than the deduction under section 151, relating to personal exemptions)'' in paragraph (1) and inserting ``any deduction from gross income'', and (B) by striking ``as a deduction from his gross income any deductions (other than the deduction for personal exemptions under section 151)'' in paragraph (2) and inserting ``any deduction from gross income''. ( 78) Section 3402(m)(3) is amended by striking ``section 63(c)(3)'' and inserting ``section 63(f)''. (79) Section 3402(r)(2) is amended by striking ``the sum of--'' and all that follows and inserting ``the basic standard deduction (as defined in section 63(c)) for an individual to whom section 63(c)(2)(C) applies.''. ( 83) Section 6014(a) is amended by striking ``section 6012(a)(1)(C)(i)'' and inserting ``section 6012(a)(1)(B)(iii)''. ( (85) Section 6103(l)(13) is amended-- (A) in subparagraph (A), by striking clause (iv) and redesignating clauses (v) and (vi) as clauses (iv) and (v), respectively, and (B) in subparagraph (C)(i), by striking ``clauses (i) through (iv)'' and inserting ``clauses (i) through (iii)''. ( 88) Section 6334(d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Exempt amount.-- ``(A) In general.--For purposes of paragraph (1), the term `exempt amount' means an amount equal to-- ``(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by ``(ii) 52. ``(C) Verified statement.--Unless the taxpayer submits to the Secretary a written and properly verified statement specifying the facts necessary to determine the proper amount under subparagraph (A), subparagraph (A) shall be applied as if the taxpayer were a married individual filing a separate return with no dependents. '', 93)(A) Section 7706(d)(1)(B), as redesignated by this section, is amended by striking ``the exemption amount (as defined in section 151(d))'' and inserting ``$4,150''. (B) Section 7706(d), as redesignated by this section, is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.--The $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. 95) Section 7706(f)(6)(B), as redesignated by this section, is amended by striking clause (i) and designating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. ( b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. a) Interest on Home Equity Indebtedness.--Section 163(h)(3)(A) is amended by striking ``during the taxable year on'' and all that follows through ``residence of the taxpayer.'' (b) Limitation on Acquisition Indebtedness.--Section 163(h)(3)(B)(ii) is amended to read as follows: ``(ii) Limitation.--The aggregate amount treated as acquisition indebtedness for any period shall not exceed the excess (if any) of-- ``(I) $750,000 ($375,000, in the case of a married individual filing a separate return), over ``(II) the sum of the aggregate outstanding pre-October 13, 1987, indebtedness (as defined in subparagraph (D)) plus the aggregate outstanding pre-December 15, 2017, indebtedness (as defined in subparagraph (C)).''. ( ``(ii) Pre-december 15, 2017, indebtedness.--For purposes of this subparagraph-- ``(I) In general.--The term `pre- December 15, 2017, indebtedness' means indebtedness (other than pre-October 13, 1987, indebtedness) incurred on or before December 15, 2017. ``(II) Binding written contract exception.--In the case of a taxpayer who enters into a written binding contract before December 15, 2017, to close on the purchase of a principal residence before January 1, 2018, and who purchases such residence before April 1, 2018, the term `pre-December 15, 2017, indebtedness' shall include indebtedness secured by such residence. ``(iii) Refinancing indebtedness.-- ``(I) In general.--In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of this subparagraph as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. (d) Coordination With Treatment of Indebtedness Incurred on or Before October 13, 1987.--Section 163(h)(3)(D) is amended-- (1) by striking clause (ii) and redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, and (2) in clause (iii) (as so redesignated)-- (A) by striking ``clause (iii)'' in the matter preceding subclause (I) and inserting ``clause (ii)'', and (B) by striking ``clause (iii)(I)'' in subclauses (I) and (II) and inserting ``clause (ii)(I)''. ( f) Conforming Amendment.--Section 163(h)(3) is amended by striking subparagraph (F). ( (c) Effective Date.--The amendments made by this section shall apply to losses sustained in taxable years beginning after the date of the enactment of this Act. b) Movement of Definition of Adjusted Gross Income for Estates and Trusts.-- (1) Section 67 is amended by striking subsection (e). ( (c) Conforming Amendments.-- (1) Section 56(b)(1)(A) is amended to read as follows: ``(A) Certain taxes.--No deduction (other than a deduction allowable in computing adjusted gross income) shall be allowed for any taxes described in paragraph (1), (2), or (3) of section 164(a) or clause (ii) of section 164(b)(5)(A).''. ( 2) Section 56(b)(1)(C), as amended by the preceding provisions of this Act, is amended by striking ``subparagraph (A)(ii)'' and inserting ``subparagraph (A)''. ( Denial of miscellaneous itemized deductions.''. ( (a) In General.--Part 1 of subchapter B of chapter 1 is amended by striking section 68 (and the item relating to such section in the table of sections for such part). ( b) Conforming Amendments.-- (1) Section 56(b)(1), as amended by the preceding provisions of this Act, is amended by striking subparagraph (E). ( In the case of any taxable year beginning in calendar years after the date of the enactment of this clause, each of the dollar amounts in this clause shall be increased by an amount equal to such dollar amount, multiplied by the cost-of- living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2012' for `2016' in subparagraph (A)(ii) thereof. b) Conforming Amendments.-- (1) Section 132(f)(2) is amended by adding ``and'' at the end of subparagraph (A), striking ``, and'' at the end of subparagraph (B) and inserting a period, and striking subparagraph (C). ( QUALIFIED MOVING EXPENSE REIMBURSEMENT EXCLUSION LIMITED TO MEMBERS OF ARMED FORCES. ( a) In General.--Section 132(g) is amended-- (1) by striking ``by an individual'' in paragraph (1) and inserting ``by a qualified military individual'', and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Qualified military individual.--For purposes of this subsection, the term `qualified military individual' means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.''. ( b) Conforming Amendments.-- (1) Subsections (d)(3)(C) and (e) of section 23 are each amended by striking ``section 217(h)(3)'' and inserting ``section 217(c)(3)''. ( 2) Section 7872(f) is amended by striking paragraph (11). (3) Section 217 is amended in the heading by striking ``moving expenses'' and inserting ``certain moving expenses of members of armed forces''. ( a) In General.--Section 165(d) is amended by striking ``in the case of taxable years beginning after December 31, 2017, and before January 1, 2026,''. ( 2) Section 2010(c)(3) is amended by striking subparagraph (C). ( a) In General.--Section 55(d)(1) is amended-- (1) by striking ``$78,750'' in subparagraph (A) and inserting ``$109,400'', and (2) by striking ``$50,600'' in subparagraph (B) and inserting ``$70,300''. (b) Phase-Out of Exemption Amount.--Section 55(d)(2) is amended-- (1) by striking ``$150,000'' in subparagraph (A) and inserting ``$1,000,000'', and (2) by striking subparagraphs (B) and (C) and by inserting the following new subparagraphs: ``(B) 50 percent of the dollar amount applicable under subparagraph (A) in the case of a taxpayer described in paragraph (1)(B) or (1)(C), and ``(C) $75,000 in the case of a taxpayer described in paragraph (1)(D).''. ( Any increased amount determined under this paragraph shall be rounded to the nearest multiple of $100 ($50 in the case of the dollar amount contained in paragraph (2)(C)).''. (d) Repeal of Coordination With Rules Relating to the Taxation of Unearned Children.--Section 59 is amended by striking subsection (j). ( e) Conforming Amendment.--Section 55(d) is amended by striking paragraph (4). (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. Subtitle B--Deduction for Qualified Business Income of Pass-Thru Entities Sec. Increased limitation for certain charitable contributions. Subtitle E--Deductions and Exclusions Sec. Repeal of deduction for personal exemptions. Limitation on deduction for State and local, etc., Deduction for moving expenses limited to members of Armed Forces. Subtitle F--Increase in Estate and Gift Tax Exemption Sec. Increased exemption for individuals. Over $157,500 but not over $200,000.. $30,698, plus 32% of the excess over $157,500. Over $500,000........................ $149,298, plus 37% of the excess over $500,000.''. (c) Unmarried Individuals Other Than Surviving Spouses and Heads of Households.--Section 1(c) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $9,525 but not over $38,700..... $952.50, plus 12% of the excess over $9,525. Over $157,500 but not over $200,000.. $32,089.50, plus 32% of the excess over $157,500. d) Married Individuals Filing Separate Returns.--Section 1(d) is amended by striking the table contained therein and inserting the following: ``If taxable income is: The tax is: ------------------------------------------------------------------------ Not over $9,525...................... 10% of taxable income. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. ( ``(B) Joint returns, etc.--In the case of a table prescribed under subsection (a), subparagraph (A) shall be applied by substituting `$50' for `$25' both places it appears. '', ( ``(13) Determination of 0 percent rate bracket for estates and trusts.--In the case of any estate or trust, paragraph (1)(B) shall be applied by treating the amount determined in clause (i) thereof as being equal to $2,600. h) Conforming Amendments.-- (1) Section 1 is amended by striking subsections (i) and (j). ( i) Application of Section 15.-- (1) In general.--Subsection (a) of section 15 is amended by striking ``If any rate of tax'' and inserting ``In the case of a corporation, if any rate of tax''. ( DEDUCTION FOR QUALIFIED BUSINESS INCOME. ( b) Conforming Amendments.-- (1) Section 58(a)(2)(A) is amended by striking ``461(k)'' and inserting ``461(j)''. ( 4) Subparagraphs (B) and (C) of section 1256(e)(3) are each amended by striking ``section 461(k)(4)'' and inserting ``section 461(j)(4)''. ( ``(B) Rounding.--If any increase under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. ( a) In General.--Section 24 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $2,000 for each qualifying child of the taxpayer, and ``(2) $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ``(c) Qualifying Child; Qualifying Dependent.--For purposes of this section-- ``(1) Qualifying child.--The term `qualifying child' means any qualifying dependent of the taxpayer-- ``(A) who is a qualifying child (as defined in section 7706(c)) of the taxpayer, ``(B) who has not attained age 17 at the close of the calendar year in which the taxable year of the taxpayer begins, and ``(C) whose name and social security number are included on the taxpayer's return of tax for the taxable year. b) Portion of Credit Refundable.-- (1) In general.--Section 24(d)(1)(A) is amended to read as follows: ``(A) the credit which would be allowed under this section determined-- ``(i) by substituting `$1,400' for `$2,000' in subsection (a)(1), ``(ii) without regard to subsection (a)(2), and ``(iii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or''. ( (3) Inflation adjustment.--Section 24(d) is amended by inserting after paragraph (3) the following new paragraph: ``(4) Adjustment for inflation.-- ``(A) In general.--The $1,400 amount in paragraph (1)(A)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2017' for `2016' in subparagraph (A)(ii) thereof. 4) Section 3402(f)(1)(C) is amended by striking ``section 24 (determined after application of subsection (j) thereof)'' and inserting ``section 24(a)''. ( d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. INCREASED LIMITATION FOR CERTAIN CHARITABLE CONTRIBUTIONS. ( b) Coordination With Limitations on Other Contributions.-- (1) Coordination with 50 percent limitation.--Section 170(b)(1)(A) is amended by striking ``Any charitable contribution'' and inserting ``Any charitable contribution other than a contribution described in subparagraph (G)''. ( (b) Allowance of Saver's Credit for ABLE Contributions by Account Holder.--Section 25B(d)(1)(D) is amended by striking ``made before January 1, 2026,''. ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. a) In General.--Section 529(c)(3)(C)(i)(III) is amended by striking ``before January 1, 2026,''. ( ``(B) Loans described.--A loan is described in this subparagraph if such loan is-- ``(i) a student loan (as defined in paragraph (2)), or ``(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).''. ( b) Definition of Dependent Retained.--Section 152, prior to the repeal made by subsection (a), is hereby redesignated as section 7706 and moved to the end of chapter 79. ( 2) Bankruptcy estates.--Section 6012(a)(8) is amended by striking ``the sum of the exemption amount plus the basic standard deduction under section 63(c)(2)(C)'' and inserting ``the standard deduction in effect under section 63(c)(1)(B)''. ( f) Conforming Amendments.-- (1) Section 1(g)(5)(A) is amended by striking ``section 152(e)'' and inserting ``section 7706(e)''. ( (3) Section 2(b)(1)(A)(i) is amended-- (A) in the matter preceding subclause (I)-- (i) by striking ``section 152(c)'' and inserting ``section 7706(c)'', and (ii) by striking ``section 152(e)'' and inserting ``section 7706(e)'', and (B) in subclause (II), by striking ``section 152(b)(2) or 152(b)(3)'' and inserting ``section 7706(b)(2) or 7706(b)(3)''. ( 4) Section 2(b)(1)(A)(ii) is amended by striking ``if the taxpayer is entitled to a deduction for the taxable year for such person under section 151'' and inserting ``if the taxpayer included such person's TIN on the return of tax for the taxable year''. ( 7) Section 21(b)(1)(A) is amended by striking ``section 152(a)(1)'' and inserting ``section 7706(a)(1)''. ( (14) Section 25A(g)(3) is amended by striking ``If a deduction under section 151 with respect to an individual is allowed to another taxpayer'' and inserting ``If an individual is a dependent of another taxpayer''. ( 17) Section 32(c)(1)(A)(ii)(III) is amended by striking ``a dependent for whom a deduction is allowable under section 151 to another taxpayer'' and inserting ``a dependent of another taxpayer''. ( (22) Section 36B(b)(3)(B) is amended-- (A) in clause (ii)(I)(aa), by striking ``who is not allowed a deduction under section 151 for the taxable year with respect to a dependent'' and inserting ``who does not have any dependents for the taxable year'', and (B) in the flush matter at the end, by striking ``unless a deduction is allowed under section 151 for the taxable year with respect to a dependent'' and inserting ``unless the taxpayer has a dependent for the taxable year (and the taxpayer included such dependent's TIN on the return of tax for the taxable year)''. ( 25) Section 36B(e)(1) is amended by striking ``1 or more individuals for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse)'' and inserting ``1 or more of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer''. ( (29) Section 56(b)(1)(D) is amended-- (A) by striking ``, the deduction for personal exemptions under section 151,'', and (B) by striking ``and deduction for personal exemptions'' in the heading thereof. ( 33) Section 63(f) is amended by striking all that precedes paragraph (3) and inserting the following: ``(f) Additional Standard Deduction for the Aged and Blind.-- ``(1) In general.--For purposes of subsection (c)(1), the additional standard deduction is, with respect to a taxpayer for a taxable year, the sum of-- ``(A) $600 if the taxpayer has attained age 65 before the close of such taxable year, and ``(B) $600 if the taxpayer is blind as of the close of such taxable year. (35) Section 72(t)(2)(D)(i)(III) is amended by striking ``section 152'' and inserting ``section 7706''. ( 36) Section 72(t)(7)(A)(iii) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. ( 49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. ( 50) Section 213(d)(5) is amended by striking ``section 152(e)'' and inserting ``section 7706(e)''. ( (53) Section 220(d)(2)(A) is amended by striking ``section 152'' and inserting ``section 7706''. ( 59) Section 409A(a)(2)(B)(ii)(I) is amended by striking ``section 152(a)'' and inserting ``section 7706(a)''. ( 64) Section 529A(e)(4) is amended-- (A) by striking ``section 152(d)(2)(B)'' and inserting ``section 7706(d)(2)(B)'', and (B) by striking ``section 152(f)(1)(B)'' and inserting ``section 7706(f)(1)(B)''. ( (68) Section 891 is amended by striking ``under section 151 and''. ( 78) Section 3402(m)(3) is amended by striking ``section 63(c)(3)'' and inserting ``section 63(f)''. ( 79) Section 3402(r)(2) is amended by striking ``the sum of--'' and all that follows and inserting ``the basic standard deduction (as defined in section 63(c)) for an individual to whom section 63(c)(2)(C) applies.''. ( (81) Section 5000A(c)(4)(A) is amended by striking ``the number of individuals for whom the taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year'' and inserting ``the sum of 1 (2 in the case of a joint return) plus the number of the taxpayer's dependents for the taxable year''. ( 88) Section 6334(d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Exempt amount.-- ``(A) In general.--For purposes of paragraph (1), the term `exempt amount' means an amount equal to-- ``(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by ``(ii) 52. ``(B) Amount determined.--For purposes of subparagraph (A), the amount determined under this subparagraph is-- ``(i) the dollar amount in effect under section 7706(d)(1)(B), multiplied by ``(ii) the number of the taxpayer's dependents for the taxable year in which the levy occurs. ``(C) Verified statement.--Unless the taxpayer submits to the Secretary a written and properly verified statement specifying the facts necessary to determine the proper amount under subparagraph (A), subparagraph (A) shall be applied as if the taxpayer were a married individual filing a separate return with no dependents. '', 93)(A) Section 7706(d)(1)(B), as redesignated by this section, is amended by striking ``the exemption amount (as defined in section 151(d))'' and inserting ``$4,150''. ( (95) Section 7706(f)(6)(B), as redesignated by this section, is amended by striking clause (i) and designating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. ( a) Interest on Home Equity Indebtedness.--Section 163(h)(3)(A) is amended by striking ``during the taxable year on'' and all that follows through ``residence of the taxpayer.'' (b) Limitation on Acquisition Indebtedness.--Section 163(h)(3)(B)(ii) is amended to read as follows: ``(ii) Limitation.--The aggregate amount treated as acquisition indebtedness for any period shall not exceed the excess (if any) of-- ``(I) $750,000 ($375,000, in the case of a married individual filing a separate return), over ``(II) the sum of the aggregate outstanding pre-October 13, 1987, indebtedness (as defined in subparagraph (D)) plus the aggregate outstanding pre-December 15, 2017, indebtedness (as defined in subparagraph (C)).''. ( ``(iii) Refinancing indebtedness.-- ``(I) In general.--In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of this subparagraph as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. ``(II) Limitation on period of refinancing.--Subclause (I) shall not apply to any indebtedness after the expiration of the term of the original indebtedness or, if the principal of such original indebtedness is not amortized over its term, the expiration of the term of the 1st refinancing of such indebtedness (or if earlier, the date which is 30 years after the date of such 1st refinancing).''. ( MODIFICATION OF DEDUCTION FOR PERSONAL CASUALTY LOSSES. ( b) Conforming Amendments.-- (1) Section 165(h)(5)(B) is amended by striking ``for any taxable year to which subparagraph (A) applies''. ( (b) Movement of Definition of Adjusted Gross Income for Estates and Trusts.-- (1) Section 67 is amended by striking subsection (e). ( 2) Section 56(b)(1)(C), as amended by the preceding provisions of this Act, is amended by striking ``subparagraph (A)(ii)'' and inserting ``subparagraph (A)''. ( Denial of miscellaneous itemized deductions.''. ( (a) In General.--Part 1 of subchapter B of chapter 1 is amended by striking section 68 (and the item relating to such section in the table of sections for such part). ( 3) Section 164(b)(5)(H) is amended by adding at the end the following new clause: ``(iii) Applicable amount defined.--For purposes of clause (ii), the term `applicable amount' means-- ``(I) $300,000 in the case of a joint return or a surviving spouse, ``(II) $275,000 in the case of a head of household, ``(III) $250,000 in the case of an individual who is not married and who is not a surviving spouse or head of household, and ``(IV) \1/2\ the amount applicable under subclause (I) in the case of a married individual filing a separate return. c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (2) Section 132(f)(4) is amended by striking ``(other than a qualified bicycle commuting reimbursement)''. ( a) In General.--Section 132(g) is amended-- (1) by striking ``by an individual'' in paragraph (1) and inserting ``by a qualified military individual'', and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Qualified military individual.--For purposes of this subsection, the term `qualified military individual' means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.''. ( b) Conforming Amendments.-- (1) Subsections (d)(3)(C) and (e) of section 23 are each amended by striking ``section 217(h)(3)'' and inserting ``section 217(c)(3)''. ( 3) Section 217 is amended in the heading by striking ``moving expenses'' and inserting ``certain moving expenses of members of armed forces''. ( Subtitle F--Increase in Estate and Gift Tax Exemption SEC. b) Phase-Out of Exemption Amount.--Section 55(d)(2) is amended-- (1) by striking ``$150,000'' in subparagraph (A) and inserting ``$1,000,000'', and (2) by striking subparagraphs (B) and (C) and by inserting the following new subparagraphs: ``(B) 50 percent of the dollar amount applicable under subparagraph (A) in the case of a taxpayer described in paragraph (1)(B) or (1)(C), and ``(C) $75,000 in the case of a taxpayer described in paragraph (1)(D).''. Any increased amount determined under this paragraph shall be rounded to the nearest multiple of $100 ($50 in the case of the dollar amount contained in paragraph (2)(C)).''. ( d) Repeal of Coordination With Rules Relating to the Taxation of Unearned Children.--Section 59 is amended by striking subsection (j). (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. Increased limitation for certain charitable contributions. Subtitle E--Deductions and Exclusions Sec. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. ( i) Application of Section 15.-- (1) In general.--Subsection (a) of section 15 is amended by striking ``If any rate of tax'' and inserting ``In the case of a corporation, if any rate of tax''. ( ( b) Conforming Amendments.-- (1) Section 58(a)(2)(A) is amended by striking ``461(k)'' and inserting ``461(j)''. ( b) Portion of Credit Refundable.-- (1) In general.--Section 24(d)(1)(A) is amended to read as follows: ``(A) the credit which would be allowed under this section determined-- ``(i) by substituting `$1,400' for `$2,000' in subsection (a)(1), ``(ii) without regard to subsection (a)(2), and ``(iii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or''. ( ( 4) Section 3402(f)(1)(C) is amended by striking ``section 24 (determined after application of subsection (j) thereof)'' and inserting ``section 24(a)''. ( b) Coordination With Limitations on Other Contributions.-- (1) Coordination with 50 percent limitation.--Section 170(b)(1)(A) is amended by striking ``Any charitable contribution'' and inserting ``Any charitable contribution other than a contribution described in subparagraph (G)''. ( ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. ( 4) Section 2(b)(1)(A)(ii) is amended by striking ``if the taxpayer is entitled to a deduction for the taxable year for such person under section 151'' and inserting ``if the taxpayer included such person's TIN on the return of tax for the taxable year''. ( 17) Section 32(c)(1)(A)(ii)(III) is amended by striking ``a dependent for whom a deduction is allowable under section 151 to another taxpayer'' and inserting ``a dependent of another taxpayer''. ( ( ( 33) Section 63(f) is amended by striking all that precedes paragraph (3) and inserting the following: ``(f) Additional Standard Deduction for the Aged and Blind.-- ``(1) In general.--For purposes of subsection (c)(1), the additional standard deduction is, with respect to a taxpayer for a taxable year, the sum of-- ``(A) $600 if the taxpayer has attained age 65 before the close of such taxable year, and ``(B) $600 if the taxpayer is blind as of the close of such taxable year. ( 49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. ( 59) Section 409A(a)(2)(B)(ii)(I) is amended by striking ``section 152(a)'' and inserting ``section 7706(a)''. ( ( 88) Section 6334(d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Exempt amount.-- ``(A) In general.--For purposes of paragraph (1), the term `exempt amount' means an amount equal to-- ``(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by ``(ii) 52. ``(B) Amount determined.--For purposes of subparagraph (A), the amount determined under this subparagraph is-- ``(i) the dollar amount in effect under section 7706(d)(1)(B), multiplied by ``(ii) the number of the taxpayer's dependents for the taxable year in which the levy occurs. ( ``(iii) Refinancing indebtedness.-- ``(I) In general.--In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of this subparagraph as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. b) Movement of Definition of Adjusted Gross Income for Estates and Trusts.-- (1) Section 67 is amended by striking subsection (e). ( (2) Section 132(f)(4) is amended by striking ``(other than a qualified bicycle commuting reimbursement)''. ( a) In General.--Section 132(g) is amended-- (1) by striking ``by an individual'' in paragraph (1) and inserting ``by a qualified military individual'', and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Qualified military individual.--For purposes of this subsection, the term `qualified military individual' means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.''. (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. a) In General.--Section 24 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $2,000 for each qualifying child of the taxpayer, and ``(2) $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ``(2) Qualifying dependent.--The term `qualifying dependent' means any dependent of the taxpayer (as defined in section 7706 without regard to all that follows `resident of the United States' in section 7706(b)(3)(A)) whose name and TIN are included on the taxpayer's return of tax for the taxable year. 3) Inflation adjustment.--Section 24(d) is amended by inserting after paragraph (3) the following new paragraph: ``(4) Adjustment for inflation.-- ``(A) In general.--The $1,400 amount in paragraph (1)(A)(i) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2017' for `2016' in subparagraph (A)(ii) thereof. ( ( ( ``(B) Loans described.--A loan is described in this subparagraph if such loan is-- ``(i) a student loan (as defined in paragraph (2)), or ``(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).''. ( 2) Section 2(a)(1)(B) is amended-- (A) by striking ``section 152'' and inserting ``section 7706'', and (B) by striking ``with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151'' and inserting ``whose TIN is included on the taxpayer's return of tax for the taxable year''. ( ( ( ( 25) Section 36B(e)(1) is amended by striking ``1 or more individuals for whom a taxpayer is allowed a deduction under section 151 (relating to allowance of deduction for personal exemptions) for the taxable year (including the taxpayer or his spouse)'' and inserting ``1 or more of the taxpayer, the taxpayer's spouse, or any dependent of the taxpayer''. ( 62) Section 501(c)(9) is amended by striking ``section 152(f)(1)'' and inserting ``section 7706(f)(1)''. ( ( (B) Section 7706(d), as redesignated by this section, is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.--The $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. 95) Section 7706(f)(6)(B), as redesignated by this section, is amended by striking clause (i) and designating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. ( ( ( ``(iii) Refinancing indebtedness.-- ``(I) In general.--In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of this subparagraph as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. ( c) Conforming Amendments.-- (1) Section 56(b)(1)(A) is amended to read as follows: ``(A) Certain taxes.--No deduction (other than a deduction allowable in computing adjusted gross income) shall be allowed for any taxes described in paragraph (1), (2), or (3) of section 164(a) or clause (ii) of section 164(b)(5)(A).''. ( ( ( ( In the case of any taxable year beginning in calendar years after the date of the enactment of this clause, each of the dollar amounts in this clause shall be increased by an amount equal to such dollar amount, multiplied by the cost-of- living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2012' for `2016' in subparagraph (A)(ii) thereof. ( b) Conforming Amendments.-- (1) Subsections (d)(3)(C) and (e) of section 23 are each amended by striking ``section 217(h)(3)'' and inserting ``section 217(c)(3)''. ( (b) Phase-Out of Exemption Amount.--Section 55(d)(2) is amended-- (1) by striking ``$150,000'' in subparagraph (A) and inserting ``$1,000,000'', and (2) by striking subparagraphs (B) and (C) and by inserting the following new subparagraphs: ``(B) 50 percent of the dollar amount applicable under subparagraph (A) in the case of a taxpayer described in paragraph (1)(B) or (1)(C), and ``(C) $75,000 in the case of a taxpayer described in paragraph (1)(D).''. ( e) Conforming Amendment.--Section 55(d) is amended by striking paragraph (4). (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. Increased limitation for certain charitable contributions. Subtitle E--Deductions and Exclusions Sec. Over $12,500......................... $3,011.50, plus 37% of the excess over $12,500.''. ( i) Application of Section 15.-- (1) In general.--Subsection (a) of section 15 is amended by striking ``If any rate of tax'' and inserting ``In the case of a corporation, if any rate of tax''. ( ( b) Conforming Amendments.-- (1) Section 58(a)(2)(A) is amended by striking ``461(k)'' and inserting ``461(j)''. ( b) Portion of Credit Refundable.-- (1) In general.--Section 24(d)(1)(A) is amended to read as follows: ``(A) the credit which would be allowed under this section determined-- ``(i) by substituting `$1,400' for `$2,000' in subsection (a)(1), ``(ii) without regard to subsection (a)(2), and ``(iii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or''. ( ( 4) Section 3402(f)(1)(C) is amended by striking ``section 24 (determined after application of subsection (j) thereof)'' and inserting ``section 24(a)''. ( b) Coordination With Limitations on Other Contributions.-- (1) Coordination with 50 percent limitation.--Section 170(b)(1)(A) is amended by striking ``Any charitable contribution'' and inserting ``Any charitable contribution other than a contribution described in subparagraph (G)''. ( ( c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. ( 4) Section 2(b)(1)(A)(ii) is amended by striking ``if the taxpayer is entitled to a deduction for the taxable year for such person under section 151'' and inserting ``if the taxpayer included such person's TIN on the return of tax for the taxable year''. ( 17) Section 32(c)(1)(A)(ii)(III) is amended by striking ``a dependent for whom a deduction is allowable under section 151 to another taxpayer'' and inserting ``a dependent of another taxpayer''. ( ( ( 33) Section 63(f) is amended by striking all that precedes paragraph (3) and inserting the following: ``(f) Additional Standard Deduction for the Aged and Blind.-- ``(1) In general.--For purposes of subsection (c)(1), the additional standard deduction is, with respect to a taxpayer for a taxable year, the sum of-- ``(A) $600 if the taxpayer has attained age 65 before the close of such taxable year, and ``(B) $600 if the taxpayer is blind as of the close of such taxable year. ( 49) Section 213(a) is amended by striking ``section 152'' and inserting ``section 7706''. ( 59) Section 409A(a)(2)(B)(ii)(I) is amended by striking ``section 152(a)'' and inserting ``section 7706(a)''. ( ( 88) Section 6334(d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Exempt amount.-- ``(A) In general.--For purposes of paragraph (1), the term `exempt amount' means an amount equal to-- ``(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by ``(ii) 52. ``(B) Amount determined.--For purposes of subparagraph (A), the amount determined under this subparagraph is-- ``(i) the dollar amount in effect under section 7706(d)(1)(B), multiplied by ``(ii) the number of the taxpayer's dependents for the taxable year in which the levy occurs. ( ``(iii) Refinancing indebtedness.-- ``(I) In general.--In the case of any indebtedness which is incurred to refinance indebtedness, such refinanced indebtedness shall be treated for purposes of this subparagraph as incurred on the date that the original indebtedness was incurred to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness. b) Movement of Definition of Adjusted Gross Income for Estates and Trusts.-- (1) Section 67 is amended by striking subsection (e). ( (2) Section 132(f)(4) is amended by striking ``(other than a qualified bicycle commuting reimbursement)''. ( a) In General.--Section 132(g) is amended-- (1) by striking ``by an individual'' in paragraph (1) and inserting ``by a qualified military individual'', and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Qualified military individual.--For purposes of this subsection, the term `qualified military individual' means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.''. (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. a) In General.--Section 24 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $2,000 for each qualifying child of the taxpayer, and ``(2) $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ( ( ( ``(B) Loans described.--A loan is described in this subparagraph if such loan is-- ``(i) a student loan (as defined in paragraph (2)), or ``(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).''. ( 2) Section 2(a)(1)(B) is amended-- (A) by striking ``section 152'' and inserting ``section 7706'', and (B) by striking ``with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151'' and inserting ``whose TIN is included on the taxpayer's return of tax for the taxable year''. ( ( ( ( ( ( (B) Section 7706(d), as redesignated by this section, is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.--The $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. c) Conforming Amendments.-- (1) Section 56(b)(1)(A) is amended to read as follows: ``(A) Certain taxes.--No deduction (other than a deduction allowable in computing adjusted gross income) shall be allowed for any taxes described in paragraph (1), (2), or (3) of section 164(a) or clause (ii) of section 164(b)(5)(A).''. ( ( ( ( In the case of any taxable year beginning in calendar years after the date of the enactment of this clause, each of the dollar amounts in this clause shall be increased by an amount equal to such dollar amount, multiplied by the cost-of- living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2012' for `2016' in subparagraph (A)(ii) thereof. ( b) Conforming Amendments.-- (1) Subsections (d)(3)(C) and (e) of section 23 are each amended by striking ``section 217(h)(3)'' and inserting ``section 217(c)(3)''. ( (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. Increased limitation for certain charitable contributions. i) Application of Section 15.-- (1) In general.--Subsection (a) of section 15 is amended by striking ``If any rate of tax'' and inserting ``In the case of a corporation, if any rate of tax''. ( ( ( ( ( 33) Section 63(f) is amended by striking all that precedes paragraph (3) and inserting the following: ``(f) Additional Standard Deduction for the Aged and Blind.-- ``(1) In general.--For purposes of subsection (c)(1), the additional standard deduction is, with respect to a taxpayer for a taxable year, the sum of-- ``(A) $600 if the taxpayer has attained age 65 before the close of such taxable year, and ``(B) $600 if the taxpayer is blind as of the close of such taxable year. ( 88) Section 6334(d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Exempt amount.-- ``(A) In general.--For purposes of paragraph (1), the term `exempt amount' means an amount equal to-- ``(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by ``(ii) 52. ( a) In General.--Section 132(g) is amended-- (1) by striking ``by an individual'' in paragraph (1) and inserting ``by a qualified military individual'', and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Qualified military individual.--For purposes of this subsection, the term `qualified military individual' means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.''. (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. a) In General.--Section 24 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $2,000 for each qualifying child of the taxpayer, and ``(2) $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ( ( ( ``(B) Loans described.--A loan is described in this subparagraph if such loan is-- ``(i) a student loan (as defined in paragraph (2)), or ``(ii) a private education loan (as defined in section 140(7) of the Consumer Credit Protection Act (15 U.S.C. 1650(7))).''. ( 2) Section 2(a)(1)(B) is amended-- (A) by striking ``section 152'' and inserting ``section 7706'', and (B) by striking ``with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151'' and inserting ``whose TIN is included on the taxpayer's return of tax for the taxable year''. ( ( ( ( ( ( (B) Section 7706(d), as redesignated by this section, is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.--The $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. c) Conforming Amendments.-- (1) Section 56(b)(1)(A) is amended to read as follows: ``(A) Certain taxes.--No deduction (other than a deduction allowable in computing adjusted gross income) shall be allowed for any taxes described in paragraph (1), (2), or (3) of section 164(a) or clause (ii) of section 164(b)(5)(A).''. ( ( ( ( In the case of any taxable year beginning in calendar years after the date of the enactment of this clause, each of the dollar amounts in this clause shall be increased by an amount equal to such dollar amount, multiplied by the cost-of- living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `2012' for `2016' in subparagraph (A)(ii) thereof. ( b) Conforming Amendments.-- (1) Subsections (d)(3)(C) and (e) of section 23 are each amended by striking ``section 217(h)(3)'' and inserting ``section 217(c)(3)''. ( (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. Increased limitation for certain charitable contributions. i) Application of Section 15.-- (1) In general.--Subsection (a) of section 15 is amended by striking ``If any rate of tax'' and inserting ``In the case of a corporation, if any rate of tax''. ( ( ( ( ( 33) Section 63(f) is amended by striking all that precedes paragraph (3) and inserting the following: ``(f) Additional Standard Deduction for the Aged and Blind.-- ``(1) In general.--For purposes of subsection (c)(1), the additional standard deduction is, with respect to a taxpayer for a taxable year, the sum of-- ``(A) $600 if the taxpayer has attained age 65 before the close of such taxable year, and ``(B) $600 if the taxpayer is blind as of the close of such taxable year. ( 88) Section 6334(d) is amended-- (A) by amending paragraph (2) to read as follows: ``(2) Exempt amount.-- ``(A) In general.--For purposes of paragraph (1), the term `exempt amount' means an amount equal to-- ``(i) the sum of the amount determined under subparagraph (B) and the standard deduction, divided by ``(ii) 52. ( a) In General.--Section 132(g) is amended-- (1) by striking ``by an individual'' in paragraph (1) and inserting ``by a qualified military individual'', and (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Qualified military individual.--For purposes of this subsection, the term `qualified military individual' means a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station.''. (

To amend the Internal Revenue Code of 1986 to make permanent certain provisions of the Tax Cuts and Jobs Act affecting individuals, families, and small businesses. a) In General.--Section 24 is amended by striking subsections (a), (b), and (c) and inserting the following new subsections: ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) $2,000 for each qualifying child of the taxpayer, and ``(2) $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. ( ( ( ( ( ( ( ( ( (B) Section 7706(d), as redesignated by this section, is amended by adding at the end the following new paragraph: ``(6) Inflation adjustment.--The $4,150 amount in paragraph (1)(B) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins, determined by substituting `calendar year 2017' for `calendar year 2016' in subparagraph (A)(ii) thereof. c) Conforming Amendments.-- (1) Section 56(b)(1)(A) is amended to read as follows: ``(A) Certain taxes.--No deduction (other than a deduction allowable in computing adjusted gross income) shall be allowed for any taxes described in paragraph (1), (2), or (3) of section 164(a) or clause (ii) of section 164(b)(5)(A).''. ( ( ( (

S.3038

Foreign Trade and International Finance

Exposing China's Belt and Road Investment in America Act of 2021 This bill requires the Committee on Foreign Investment in the United States to review certain investments made by China in the United States. Specifically, the committee must review any investment by a foreign person that (1) involves the acquisition of real estate in the United States and the establishment of a U.S. business on such real estate, and (2) could result in direct or indirect control of that U.S. business by China. A party to any such investment must submit to the committee a declaration containing basic information regarding the transaction.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of 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 ``Exposing China's Belt and Road Investment in America Act of 2021''. SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF CHINA. (a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) An investment by a foreign person that-- ``(I) involves-- ``(aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and ``(bb) the establishment of a United States business to operate a factory or other facility on that real estate; and ``(II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by-- ``(aa) the Government of the People's Republic of China; ``(bb) a person owned or controlled by, or acting on behalf of, that Government; ``(cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest; ``(dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or ``(ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years.''. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. (c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''. <all>

Exposing China’s Belt and Road Investment in America Act of 2021

A bill to require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China.

Exposing China’s Belt and Road Investment in America Act of 2021

Sen. Kennedy, John

R

LA

This bill requires the Committee on Foreign Investment in the United States to review certain investments made by China in the United States. Specifically, the committee must review any investment by a foreign person that (1) involves the acquisition of real estate in the United States and the establishment of a U.S. business on such real estate, and (2) could result in direct or indirect control of that U.S. business by China. A party to any such investment must submit to the committee a declaration containing basic information regarding the transaction.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF CHINA. 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) proposed or pending on or after the date of the enactment of this clause. ''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) An investment by a foreign person that-- ``(I) involves-- ``(aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and ``(bb) the establishment of a United States business to operate a factory or other facility on that real estate; and ``(II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by-- ``(aa) the Government of the People's Republic of China; ``(bb) a person owned or controlled by, or acting on behalf of, that Government; ``(cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest; ``(dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or ``(ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years.''. (c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C.

2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF CHINA. ''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) An investment by a foreign person that-- ``(I) involves-- ``(aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and ``(bb) the establishment of a United States business to operate a factory or other facility on that real estate; and ``(II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by-- ``(aa) the Government of the People's Republic of China; ``(bb) a person owned or controlled by, or acting on behalf of, that Government; ``(cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest; ``(dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or ``(ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years.''. (c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of 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 ``Exposing China's Belt and Road Investment in America Act of 2021''. SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF CHINA. (a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) An investment by a foreign person that-- ``(I) involves-- ``(aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and ``(bb) the establishment of a United States business to operate a factory or other facility on that real estate; and ``(II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by-- ``(aa) the Government of the People's Republic of China; ``(bb) a person owned or controlled by, or acting on behalf of, that Government; ``(cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest; ``(dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or ``(ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years.''. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. (c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''. <all>

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of 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 ``Exposing China's Belt and Road Investment in America Act of 2021''. SEC. 2. REVIEW BY COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES OF GREENFIELD INVESTMENTS BY PEOPLE'S REPUBLIC OF CHINA. (a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause.''; and (2) in subparagraph (B), by adding at the end the following: ``(vi) An investment by a foreign person that-- ``(I) involves-- ``(aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and ``(bb) the establishment of a United States business to operate a factory or other facility on that real estate; and ``(II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by-- ``(aa) the Government of the People's Republic of China; ``(bb) a person owned or controlled by, or acting on behalf of, that Government; ``(cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest; ``(dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or ``(ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years.''. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. (c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''. <all>

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. a) Inclusion in Definition of Covered Transaction.--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) proposed or pending on or after the date of the enactment of this clause. (b) Definition of Government of People's Republic of China.-- Section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) is amended-- (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: ``(7) Government of people's republic of china.--The term `Government of the People's Republic of China' includes the national and subnational governments within the People's Republic of China, including any departments, agencies, or instrumentalities of such governments.''. ( c) Mandatory Filing of Declarations.--Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: ``(DD) Greenfield investments by people's republic of china.--The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction.''.

H.R.9701

Public Lands and Natural Resources

Welfare Reform Act of 2022 This bill directs the Bureau of Land Management (BLM) to establish a program to convey certain federal land to individuals who permanently waive eligibility for certain welfare programs. The BLM shall have final discretion as to the allocation of land to such individuals but must provide them with a means to express their preference for available land, including whether the land will be used for residential or agricultural purposes. The bill prohibits the sale of the land for a 10-year period.

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Reform Act of 2022''. SEC. 2. PURPOSE. The purpose of this Act is to help break the chain of a lifetime on welfare and give such a bold step up that it will start recipients on the road to success and independence. SEC. 3. LAND CONVEYANCE PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program whereby the Secretary shall convey Federal land under the administrative jurisdiction of the Bureau of Land Management to each covered individual who-- (1) applies for and is approved for participation in the Program; and (2) permanently waives eligibility for certain Federal welfare programs pursuant to subsection (d). (b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. (2) Limitations.-- (A) Type of land.--In carrying out the Program, the Secretary may only convey land to a covered individual for one of the following purposes: (i) Residential purposes. (ii) Agricultural purposes. (B) Residential land.--In the case of residential land (land to be conveyed under the Program to be used for residential purposes), the Secretary may only convey to each covered individual land that is-- (i) not more than 1 acre; and (ii) contiguous. (C) Agricultural land.--In the case of agricultural land (land to be conveyed under the Program to be used for agricultural purposes), the Secretary may only convey to each covered individual land-- (i) that is not more than 50 acres; (ii) that is contiguous; and (iii) at least 50 percent of which is suitable for farming. (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. (ii) Reverter.--If a covered individual fails to use agricultural land for agricultural purposes as described in clause (i), all of the agricultural land conveyed to such covered individual under the Program shall-- (I) revert to the United States for administration by the Secretary; and (II) be made available for conveyance to another covered individual under the Program. (iii) Continued eligibility for the program.--If agricultural land reverts to the Secretary under clause (ii), after the 3-year period beginning on the date of such reversion, the covered individual to whom the reversion applies may apply for, and receive, residential land under the Program. (c) Application.-- (1) In general.--A covered individual seeking to participate in 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) Availability of land.--The Secretary shall make available to covered individuals approved for participation in the Program a list of available land, including copies of the deeds to such land. (3) Allocation.--The Secretary shall have final discretion as to the allocation of land to covered individuals participating in the Program, but shall provide such covered individuals a means by which to express their preference for available land listed pursuant to paragraph (2), including whether the land will be used for residential or agricultural purposes. (d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). (2) The special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.). (4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). (5) Programs or activities funded through the block grant program under title V of the Social Security Act (42 U.S.C. 701 et seq.). (6) The tax credit allowable under section 32 of the Internal Revenue Code of 1986. (7) The National Family Planning Program (title X of the Public Health Service Act (42 U.S.C. 300 et seq.; relating to family planning). (8) The Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). (9) The Project-Based Rental Assistance program under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f). (10) The Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). (11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). (12) Programs and activities carried out under the Low- Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). (14) The refugee assistance program authorized under chapter 2 of title IV of the Immigration and Nationality Act (8 U.S.C. 1521 et seq.). (e) Program Coordination.--The Secretary shall update the head of each Federal department or agency with administrative jurisdiction over a welfare program described in subsection (d) of the following: (1) Not later than 30 days after receiving an application from a covered individual to participate in the Program, that such covered individual has applied to the Program. (2) Not later than 30 days after approving the application of a covered individual, that such covered individual has been approved to participate in the Program. (3) Not later than 30 days after conveying land to a covered individual under the Program, that such covered individual has received land under the Program and is no longer eligible for certain Federal welfare programs pursuant to subsection (d). (f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. (g) Tax Implications for Married Covered Individuals.--In the case of married covered individual who participates in the Program, section 32 of the Internal Revenue Code of 1986 shall be applied by treating any income of such individual which would otherwise be earned income (within the meaning of such section) as other than earned income. (h) Sale of Land Prohibited for 10 Years.--Federal land conveyed under this section may not be sold for the 10-year period immediately following the conveyance of that land and the deed conveying such land shall include a provision stating the same. (i) Definitions.--In this Act: (1) Covered individual.--The term ``covered individual'' means an individual who is-- (A) a citizen of the United States; (B) 21 years of age or older; and (C) notwithstanding the restrictions set forth in this Act, eligible to receive benefits under a welfare program described in subsection (d). (2) Program.--The term ``Program'' means the program established under subsection (a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management. <all>

Welfare Reform Act of 2022

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes.

Welfare Reform Act of 2022

Rep. Gohmert, Louie

R

TX

This bill directs the Bureau of Land Management (BLM) to establish a program to convey certain federal land to individuals who permanently waive eligibility for certain welfare programs. The BLM shall have final discretion as to the allocation of land to such individuals but must provide them with a means to express their preference for available land, including whether the land will be used for residential or agricultural purposes. The bill prohibits the sale of the land for a 10-year period.

SHORT TITLE. This Act may be cited as the ``Welfare Reform Act of 2022''. PURPOSE. The purpose of this Act is to help break the chain of a lifetime on welfare and give such a bold step up that it will start recipients on the road to success and independence. SEC. LAND CONVEYANCE PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program whereby the Secretary shall convey Federal land under the administrative jurisdiction of the Bureau of Land Management to each covered individual who-- (1) applies for and is approved for participation in the Program; and (2) permanently waives eligibility for certain Federal welfare programs pursuant to subsection (d). (ii) Agricultural purposes. (B) Residential land.--In the case of residential land (land to be conveyed under the Program to be used for residential purposes), the Secretary may only convey to each covered individual land that is-- (i) not more than 1 acre; and (ii) contiguous. (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. (2) Availability of land.--The Secretary shall make available to covered individuals approved for participation in the Program a list of available land, including copies of the deeds to such land. 2011 et seq.). (2) The special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. (4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. (6) The tax credit allowable under section 32 of the Internal Revenue Code of 1986. ; relating to family planning). 1437f). (10) The Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. (12) Programs and activities carried out under the Low- Income Home Energy Assistance Act of 1981 (42 U.S.C. (13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (2) Not later than 30 days after approving the application of a covered individual, that such covered individual has been approved to participate in the Program. (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management.

SHORT TITLE. This Act may be cited as the ``Welfare Reform Act of 2022''. PURPOSE. SEC. LAND CONVEYANCE PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program whereby the Secretary shall convey Federal land under the administrative jurisdiction of the Bureau of Land Management to each covered individual who-- (1) applies for and is approved for participation in the Program; and (2) permanently waives eligibility for certain Federal welfare programs pursuant to subsection (d). (ii) Agricultural purposes. (B) Residential land.--In the case of residential land (land to be conveyed under the Program to be used for residential purposes), the Secretary may only convey to each covered individual land that is-- (i) not more than 1 acre; and (ii) contiguous. 2011 et seq.). (2) The special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. (4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. (6) The tax credit allowable under section 32 of the Internal Revenue Code of 1986. ; relating to family planning). 1437f). (10) The Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. (2) Not later than 30 days after approving the application of a covered individual, that such covered individual has been approved to participate in the Program. (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Reform Act of 2022''. PURPOSE. The purpose of this Act is to help break the chain of a lifetime on welfare and give such a bold step up that it will start recipients on the road to success and independence. SEC. LAND CONVEYANCE PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program whereby the Secretary shall convey Federal land under the administrative jurisdiction of the Bureau of Land Management to each covered individual who-- (1) applies for and is approved for participation in the Program; and (2) permanently waives eligibility for certain Federal welfare programs pursuant to subsection (d). (ii) Agricultural purposes. (B) Residential land.--In the case of residential land (land to be conveyed under the Program to be used for residential purposes), the Secretary may only convey to each covered individual land that is-- (i) not more than 1 acre; and (ii) contiguous. (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. (iii) Continued eligibility for the program.--If agricultural land reverts to the Secretary under clause (ii), after the 3-year period beginning on the date of such reversion, the covered individual to whom the reversion applies may apply for, and receive, residential land under the Program. (2) Availability of land.--The Secretary shall make available to covered individuals approved for participation in the Program a list of available land, including copies of the deeds to such land. 2011 et seq.). (2) The special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. (4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. (6) The tax credit allowable under section 32 of the Internal Revenue Code of 1986. ; relating to family planning). (8) The Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 1437f). (10) The Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. (12) Programs and activities carried out under the Low- Income Home Energy Assistance Act of 1981 (42 U.S.C. (13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. (2) Not later than 30 days after approving the application of a covered individual, that such covered individual has been approved to participate in the Program. (f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. (g) Tax Implications for Married Covered Individuals.--In the case of married covered individual who participates in the Program, section 32 of the Internal Revenue Code of 1986 shall be applied by treating any income of such individual which would otherwise be earned income (within the meaning of such section) as other than earned income. (h) Sale of Land Prohibited for 10 Years.--Federal land conveyed under this section may not be sold for the 10-year period immediately following the conveyance of that land and the deed conveying such land shall include a provision stating the same. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Welfare Reform Act of 2022''. PURPOSE. The purpose of this Act is to help break the chain of a lifetime on welfare and give such a bold step up that it will start recipients on the road to success and independence. SEC. LAND CONVEYANCE PROGRAM. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program whereby the Secretary shall convey Federal land under the administrative jurisdiction of the Bureau of Land Management to each covered individual who-- (1) applies for and is approved for participation in the Program; and (2) permanently waives eligibility for certain Federal welfare programs pursuant to subsection (d). (2) Limitations.-- (A) Type of land.--In carrying out the Program, the Secretary may only convey land to a covered individual for one of the following purposes: (i) Residential purposes. (ii) Agricultural purposes. (B) Residential land.--In the case of residential land (land to be conveyed under the Program to be used for residential purposes), the Secretary may only convey to each covered individual land that is-- (i) not more than 1 acre; and (ii) contiguous. (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. (iii) Continued eligibility for the program.--If agricultural land reverts to the Secretary under clause (ii), after the 3-year period beginning on the date of such reversion, the covered individual to whom the reversion applies may apply for, and receive, residential land under the Program. (c) Application.-- (1) In general.--A covered individual seeking to participate in 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) Availability of land.--The Secretary shall make available to covered individuals approved for participation in the Program a list of available land, including copies of the deeds to such land. (3) Allocation.--The Secretary shall have final discretion as to the allocation of land to covered individuals participating in the Program, but shall provide such covered individuals a means by which to express their preference for available land listed pursuant to paragraph (2), including whether the land will be used for residential or agricultural purposes. 2011 et seq.). (2) The special supplemental nutrition program for women, infants, and children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786). (3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.). (4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). 701 et seq.). (6) The tax credit allowable under section 32 of the Internal Revenue Code of 1986. (7) The National Family Planning Program (title X of the Public Health Service Act (42 U.S.C. 300 et seq. ; relating to family planning). (8) The Community Development Block Grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.). 1437f). (10) The Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. (11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). (12) Programs and activities carried out under the Low- Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.). (13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). (14) The refugee assistance program authorized under chapter 2 of title IV of the Immigration and Nationality Act (8 U.S.C. 1521 et seq.). (2) Not later than 30 days after approving the application of a covered individual, that such covered individual has been approved to participate in the Program. (f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. (g) Tax Implications for Married Covered Individuals.--In the case of married covered individual who participates in the Program, section 32 of the Internal Revenue Code of 1986 shall be applied by treating any income of such individual which would otherwise be earned income (within the meaning of such section) as other than earned income. (h) Sale of Land Prohibited for 10 Years.--Federal land conveyed under this section may not be sold for the 10-year period immediately following the conveyance of that land and the deed conveying such land shall include a provision stating the same. (i) Definitions.--In this Act: (1) Covered individual.--The term ``covered individual'' means an individual who is-- (A) a citizen of the United States; (B) 21 years of age or older; and (C) notwithstanding the restrictions set forth in this Act, eligible to receive benefits under a welfare program described in subsection (d). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management.

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. (2) Limitations.-- (A) Type of land.--In carrying out the Program, the Secretary may only convey land to a covered individual for one of the following purposes: (i) Residential purposes. ( C) Agricultural land.--In the case of agricultural land (land to be conveyed under the Program to be used for agricultural purposes), the Secretary may only convey to each covered individual land-- (i) that is not more than 50 acres; (ii) that is contiguous; and (iii) at least 50 percent of which is suitable for farming. ( (iii) Continued eligibility for the program.--If agricultural land reverts to the Secretary under clause (ii), after the 3-year period beginning on the date of such reversion, the covered individual to whom the reversion applies may apply for, and receive, residential land under the Program. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ( e) Program Coordination.--The Secretary shall update the head of each Federal department or agency with administrative jurisdiction over a welfare program described in subsection (d) of the following: (1) Not later than 30 days after receiving an application from a covered individual to participate in the Program, that such covered individual has applied to the Program. ( (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. ( i) Definitions.--In this Act: (1) Covered individual.--The term ``covered individual'' means an individual who is-- (A) a citizen of the United States; (B) 21 years of age or older; and (C) notwithstanding the restrictions set forth in this Act, eligible to receive benefits under a welfare program described in subsection (d). (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. LAND CONVEYANCE PROGRAM. ( b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. ( (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (3) Not later than 30 days after conveying land to a covered individual under the Program, that such covered individual has received land under the Program and is no longer eligible for certain Federal welfare programs pursuant to subsection (d). ( f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. LAND CONVEYANCE PROGRAM. ( b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. ( (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (3) Not later than 30 days after conveying land to a covered individual under the Program, that such covered individual has received land under the Program and is no longer eligible for certain Federal welfare programs pursuant to subsection (d). ( f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. (2) Limitations.-- (A) Type of land.--In carrying out the Program, the Secretary may only convey land to a covered individual for one of the following purposes: (i) Residential purposes. ( C) Agricultural land.--In the case of agricultural land (land to be conveyed under the Program to be used for agricultural purposes), the Secretary may only convey to each covered individual land-- (i) that is not more than 50 acres; (ii) that is contiguous; and (iii) at least 50 percent of which is suitable for farming. ( (iii) Continued eligibility for the program.--If agricultural land reverts to the Secretary under clause (ii), after the 3-year period beginning on the date of such reversion, the covered individual to whom the reversion applies may apply for, and receive, residential land under the Program. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ( e) Program Coordination.--The Secretary shall update the head of each Federal department or agency with administrative jurisdiction over a welfare program described in subsection (d) of the following: (1) Not later than 30 days after receiving an application from a covered individual to participate in the Program, that such covered individual has applied to the Program. ( (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. ( i) Definitions.--In this Act: (1) Covered individual.--The term ``covered individual'' means an individual who is-- (A) a citizen of the United States; (B) 21 years of age or older; and (C) notwithstanding the restrictions set forth in this Act, eligible to receive benefits under a welfare program described in subsection (d). (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. LAND CONVEYANCE PROGRAM. ( b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. ( (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (3) Not later than 30 days after conveying land to a covered individual under the Program, that such covered individual has received land under the Program and is no longer eligible for certain Federal welfare programs pursuant to subsection (d). ( f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. (2) Limitations.-- (A) Type of land.--In carrying out the Program, the Secretary may only convey land to a covered individual for one of the following purposes: (i) Residential purposes. ( C) Agricultural land.--In the case of agricultural land (land to be conveyed under the Program to be used for agricultural purposes), the Secretary may only convey to each covered individual land-- (i) that is not more than 50 acres; (ii) that is contiguous; and (iii) at least 50 percent of which is suitable for farming. ( (iii) Continued eligibility for the program.--If agricultural land reverts to the Secretary under clause (ii), after the 3-year period beginning on the date of such reversion, the covered individual to whom the reversion applies may apply for, and receive, residential land under the Program. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 3) The emergency food assistance program under the Emergency Food Assistance Act of 1983 (7 U.S.C. 7501 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ( e) Program Coordination.--The Secretary shall update the head of each Federal department or agency with administrative jurisdiction over a welfare program described in subsection (d) of the following: (1) Not later than 30 days after receiving an application from a covered individual to participate in the Program, that such covered individual has applied to the Program. ( (2) Survivor benefits.--If a covered individual participates in the Program, a survivor of such covered individual shall continue to be eligible for the welfare programs described in subsection (d), unless such survivor participates in the Program. ( i) Definitions.--In this Act: (1) Covered individual.--The term ``covered individual'' means an individual who is-- (A) a citizen of the United States; (B) 21 years of age or older; and (C) notwithstanding the restrictions set forth in this Act, eligible to receive benefits under a welfare program described in subsection (d). (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. LAND CONVEYANCE PROGRAM. ( b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. ( (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (3) Not later than 30 days after conveying land to a covered individual under the Program, that such covered individual has received land under the Program and is no longer eligible for certain Federal welfare programs pursuant to subsection (d). ( f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. ( ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ( ( i) Definitions.--In this Act: (1) Covered individual.--The term ``covered individual'' means an individual who is-- (A) a citizen of the United States; (B) 21 years of age or older; and (C) notwithstanding the restrictions set forth in this Act, eligible to receive benefits under a welfare program described in subsection (d). (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. LAND CONVEYANCE PROGRAM. ( b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. ( (D) Non-use of agricultural land.-- (i) In general.--A covered individual that receives agricultural land under the Program shall, with respect to the portions of such land that are suitable for farming, use the land for agricultural purposes for at least 10 years after receiving the land. ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 4) The program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ( relating to family planning). ( 11) The weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.). ( (3) Not later than 30 days after conveying land to a covered individual under the Program, that such covered individual has received land under the Program and is no longer eligible for certain Federal welfare programs pursuant to subsection (d). ( f) Participation Limited to Individual.-- (1) In general.--No individual, including a guardian or fiduciary, may-- (A) submit an application under subsection (c)(1) on behalf of another individual; or (B) waive the eligibility of another individual with respect to a welfare program under this section. (

To direct the Secretary of the Interior to establish a program whereby the Secretary shall convey certain Federal land to individuals who permanently waive eligibility for certain welfare programs, and for other purposes. b) Land To Be Conveyed.-- (1) In general.--Subject to the limitations in paragraph (2), the Secretary shall determine the amount and location of Federal land under the administrative jurisdiction of the Bureau of Land Management to be conveyed to each covered individual who is approved for participation in the Program. ( ( d) Eligibility for Certain Federal Welfare Programs Waived.-- Notwithstanding any other provision of law, upon receiving land under the Program, a covered individual waives eligibility for, and may not receive benefits from, the following welfare programs: (1) The supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.). ( 13) The education of migratory children program authorized under part C of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6391 et seq.). ( ( i) Definitions.--In this Act: (1) Covered individual.--The term ``covered individual'' means an individual who is-- (A) a citizen of the United States; (B) 21 years of age or older; and (C) notwithstanding the restrictions set forth in this Act, eligible to receive benefits under a welfare program described in subsection (d). (

H.R.5160

Native Americans

Native American Entrepreneurial Opportunity Act This bill provides statutory authority for the establishment of the Office of Native American Affairs within the Small Business Administration (SBA). The office must establish a working relationship with Indian tribes and Native Hawaiian organizations by targeting SBA programs relating to entrepreneurial development, contracting, and capital access to revitalize small businesses owned and controlled by individuals who are members of Indian tribes or Native Hawaiian Organizations and economic development in Indian country.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Entrepreneurial Opportunity Act''. SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 49 (15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 (15 U.S.C. 657u) the following: ``SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(a) Definitions.--In this section: ``(1) Associate administrator.--The term `Associate Administrator' means the Associate Administrator for Native American Affairs appointed under subsection (c). ``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 8(a)(13). ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(4) Office.--The term `Office' means the Office of Native American Affairs described in this section. ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(3) Field offices.--The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. ``(c) Associate Administrator.--The Office shall be headed by an Associate Administrator for Native American Affairs, who shall-- ``(1) be appointed by and report to the Administrator; ``(2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; ``(3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; ``(4) administer and manage Native American outreach expansion; ``(5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; ``(6) act as an ombudsman for Native Americans for programs of the Administration; ``(7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to-- ``(A) deploy training, counseling, workshops, educational outreach, and supplier events; and ``(B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; ``(8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and ``(9) recommend annual budgets for the Office. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. <all>

Native American Entrepreneurial Opportunity Act

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes.

Native American Entrepreneurial Opportunity Act

Rep. Davids, Sharice

D

KS

This bill provides statutory authority for the establishment of the Office of Native American Affairs within the Small Business Administration (SBA). The office must establish a working relationship with Indian tribes and Native Hawaiian organizations by targeting SBA programs relating to entrepreneurial development, contracting, and capital access to revitalize small businesses owned and controlled by individuals who are members of Indian tribes or Native Hawaiian Organizations and economic development in Indian country.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Entrepreneurial Opportunity Act''. SEC. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 49 (15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 (15 U.S.C. 657u) the following: ``SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(a) Definitions.--In this section: ``(1) Associate administrator.--The term `Associate Administrator' means the Associate Administrator for Native American Affairs appointed under subsection (c). ``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 8(a)(13). ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(3) Field offices.--The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. ``(c) Associate Administrator.--The Office shall be headed by an Associate Administrator for Native American Affairs, who shall-- ``(1) be appointed by and report to the Administrator; ``(2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; ``(3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; ``(4) administer and manage Native American outreach expansion; ``(5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; ``(6) act as an ombudsman for Native Americans for programs of the Administration; ``(7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to-- ``(A) deploy training, counseling, workshops, educational outreach, and supplier events; and ``(B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; ``(8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and ``(9) recommend annual budgets for the Office. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

SEC. The Small Business Act (15 U.S.C. 631 et seq.) 49. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(a) Definitions.--In this section: ``(1) Associate administrator.--The term `Associate Administrator' means the Associate Administrator for Native American Affairs appointed under subsection (c). ``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 8(a)(13). ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(3) Field offices.--The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Entrepreneurial Opportunity Act''. SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 49 (15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 (15 U.S.C. 657u) the following: ``SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(a) Definitions.--In this section: ``(1) Associate administrator.--The term `Associate Administrator' means the Associate Administrator for Native American Affairs appointed under subsection (c). ``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 8(a)(13). ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(4) Office.--The term `Office' means the Office of Native American Affairs described in this section. ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(3) Field offices.--The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. ``(c) Associate Administrator.--The Office shall be headed by an Associate Administrator for Native American Affairs, who shall-- ``(1) be appointed by and report to the Administrator; ``(2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; ``(3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; ``(4) administer and manage Native American outreach expansion; ``(5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; ``(6) act as an ombudsman for Native Americans for programs of the Administration; ``(7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to-- ``(A) deploy training, counseling, workshops, educational outreach, and supplier events; and ``(B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; ``(8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and ``(9) recommend annual budgets for the Office. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. <all>

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Entrepreneurial Opportunity Act''. SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS. The Small Business Act (15 U.S.C. 631 et seq.) is amended-- (1) by redesignating section 49 (15 U.S.C. 631 note) as section 50; and (2) by inserting after section 48 (15 U.S.C. 657u) the following: ``SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(a) Definitions.--In this section: ``(1) Associate administrator.--The term `Associate Administrator' means the Associate Administrator for Native American Affairs appointed under subsection (c). ``(2) Indian tribe.--The term `Indian Tribe' has the meaning given the term `Indian tribe' in section 8(a)(13). ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(4) Office.--The term `Office' means the Office of Native American Affairs described in this section. ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(3) Field offices.--The Office may establish field offices within such regional offices of the Administration as may be necessary, with initial focus on those parts of Indian Country most economically disadvantaged, to perform efficiently the functions and responsibilities of the Office. ``(c) Associate Administrator.--The Office shall be headed by an Associate Administrator for Native American Affairs, who shall-- ``(1) be appointed by and report to the Administrator; ``(2) have knowledge of Native American cultures and experience providing culturally tailored small business development assistance to Native Americans; ``(3) carry out the program to provide assistance to Indian Tribes and Native Hawaiian Organizations and small business concerns owned and controlled by individuals who are members of those groups; ``(4) administer and manage Native American outreach expansion; ``(5) enhance assistance to Native Americans by formulating and promoting policies, programs, and assistance that better address their entrepreneurial, capital access, business development, and contracting needs, and collaborate with other Associate Administrators and intergovernmental leaders with similar missions across Federal agencies on the development of policies and plans to implement new programs of the Administration, while supplementing existing Federal programs to holistically serve those needs; ``(6) act as an ombudsman for Native Americans for programs of the Administration; ``(7) provide grants, contracts, cooperative agreements, or other financial assistance to Indian Tribes and Native Hawaiian Organizations, or to private nonprofit organizations governed by members of those entities, that have the experience and capability to-- ``(A) deploy training, counseling, workshops, educational outreach, and supplier events; and ``(B) access the entrepreneurial, capital, and contracting programs of the Administration, including the Community Navigator pilot program; ``(8) assist the Administrator in conducting, or conduct, Tribal consultation to solicit input and facilitate discussion of potential modifications to programs and procedures of the Administration; and ``(9) recommend annual budgets for the Office. ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''. <all>

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

To establish an Office of Native American Affairs within the Small Business Administration, and for other purposes. OFFICE OF NATIVE AMERICAN AFFAIRS. ``(3) Native hawaiian organization.--The term `Native Hawaiian Organization' has the meaning given the term in section 8(a)(15). ``(b) Establishment.-- ``(1) In general.--There is established within the Administration the Office of Native American Affairs, which shall be responsible for establishing a working relationship with Indian Tribes and Native Hawaiian Organizations by targeting programs of the Administration relating to entrepreneurial development, contracting, and capital access to revitalize small business concerns owned and controlled by individuals who are members of Indian Tribes or Native Hawaiian Organizations and economic development in Indian country. ``(2) Connection with other programs.--To the extent reasonable, the Office shall connect Indian Tribes and Native Hawaiian Organizations to programs administered by other Federal agencies related to the interests described in paragraph (1). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to the Office to carry out this section $5,000,000 for each of fiscal years 2022 through 2026.''.

H.R.1992

Energy

Storing CO2 And Lowering Emissions Act or the SCALE Act This bill establishes programs within the Department of Energy that provide financial support and incentives to develop infrastructure for carbon dioxide capture, transport, utilization, and storage.

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other 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 ``Storing CO2 and Lowering Emissions Act'' or the ``SCALE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. TITLE I--UTILIZATION OF CARBON OXIDES Sec. 101. Carbon utilization program. TITLE II--TRANSPORTATION OF CAPTURED CARBON Sec. 201. Carbon capture technology program. Sec. 202. Carbon dioxide transportation infrastructure finance and innovation. TITLE III--GEOLOGIC STORAGE OF CAPTURED CARBON Sec. 301. Carbon storage validation and testing. Sec. 302. Secure geologic storage permitting. SEC. 2. FINDINGS. Congress finds that-- (1) the industrial sector is integral to the economy of the United States-- (A) providing millions of jobs and essential products; and (B) demonstrating global leadership in manufacturing and innovation; (2) carbon capture and storage technologies are necessary for reducing hard-to-abate emissions from the industrial sector, which emits nearly 25 percent of carbon dioxide emissions in the United States; (3) carbon removal and storage technologies, including direct air capture, must be deployed at large-scale in the coming decades to remove carbon dioxide directly from the atmosphere; (4) large-scale deployment of carbon capture, removal, utilization, transport, and storage-- (A) is critical for achieving mid-century climate goals; and (B) will drive regional economic development, technological innovation, and high-wage employment; (5) carbon capture, removal, and utilization technologies require a backbone system of shared carbon dioxide transport and storage infrastructure to enable large-scale deployment, realize economies of scale, and create an interconnected carbon management market; (6) carbon dioxide transport infrastructure and permanent geological storage are proven and safe technologies with existing Federal and State regulatory frameworks; (7) carbon dioxide transport and storage infrastructure share similar barriers to deployment previously faced by other types of critical national infrastructure, such as high capital costs and chicken-and-egg challenges, that require Federal and State support, in combination with private investment, to be overcome; and (8) each State should take into consideration, with respect to new carbon dioxide transportation infrastructure-- (A) qualifying the infrastructure as pollution control devices under applicable laws (including regulations) of the State; and (B) establishing a waiver of ad valorem and property taxes for the infrastructure for a period of not less than 10 years. TITLE I--UTILIZATION OF CARBON OXIDES SEC. 101. CARBON UTILIZATION PROGRAM. Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following: ``(3) to develop or obtain, in coordination with other applicable Federal agencies and standard-setting organizations, standards and certifications, as appropriate, to facilitate the commercialization of the products and technologies described in paragraph (2);''; (2) in subsection (b)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following: ``(2) Grant program.-- ``(A) In general.--Not later than 1 year after the date of enactment of the Storing CO2 and Lowering Emissions Act, the Secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph (D). ``(B) Eligible entities.--To be eligible to receive a grant under this paragraph, an entity shall be-- ``(i) a State; ``(ii) a unit of local government; or ``(iii) a public utility or agency. ``(C) Applications.--Eligible entities desiring a grant under this paragraph shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(D) Use of funds.--An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that-- ``(i) use or are derived from anthropogenic carbon oxides; and ``(ii) demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products.''; and (C) in paragraph (3) (as so redesignated), by striking ``paragraph (1)'' and inserting ``this subsection''; and (3) in subsection (d), by striking paragraphs (1) through (5) and inserting the following: ``(1) $64,000,000 for fiscal year 2021; ``(2) $65,250,000 for fiscal year 2022; ``(3) $66,562,500 for fiscal year 2023; ``(4) $67,940,625 for fiscal year 2024; and ``(5) $69,387,656 for fiscal year 2025.''. TITLE II--TRANSPORTATION OF CAPTURED CARBON SEC. 201. CARBON CAPTURE TECHNOLOGY PROGRAM. Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``program.'' and inserting ``program for carbon capture technologies; and''; and (C) by adding at the end the following: ``(E) a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture, utilization, and storage technologies.''; and (2) in subsection (d)(1)-- (A) in subparagraph (C)(ii), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) for activities under the front-end engineering and design program described in subsection (b)(2)(E), $20,000,000 for each of fiscal years 2022 through 2025.''. SEC. 202. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION. (a) In General.--Title IX of the Energy Policy Act of 2005 (42 U.S.C. 16181 et seq.) is amended by adding at the end the following: ``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and Innovation ``SEC. 999A. DEFINITIONS. ``In this subtitle: ``(1) CIFIA program.--The term `CIFIA program' means the carbon dioxide transportation infrastructure finance and innovation program established under section 999B(a). ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and ``(B) holds itself out to provide transportation services to the public for a fee. ``(3) Contingent commitment.--The term `contingent commitment' means a commitment to obligate funds from future available budget authority that is-- ``(A) contingent on those funds being made available in law at a future date; and ``(B) not an obligation of the Federal Government. ``(4) Eligible project costs.--The term `eligible project costs' means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including-- ``(A) the cost of-- ``(i) development-phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, permitting, preliminary engineering and design work, and other preconstruction activities; ``(ii) construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), environmental mitigation, construction contingencies, and acquisition and installation of equipment (including labor); and ``(iii) capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction; and ``(B) transaction costs associated with financing the project, including-- ``(i) the cost of legal counsel and technical consultants; and ``(ii) any subsidy amount paid in accordance with section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii). ``(5) Federal credit instrument.--The term `Federal credit instrument' means a secured loan or loan guarantee authorized to be provided under the CIFIA program with respect to a project. ``(6) Lender.--The term `lender' means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including-- ``(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and ``(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. ``(7) Letter of interest.--The term `letter of interest' means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that-- ``(A) describes the project and the location, purpose, and cost of the project; ``(B) outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor; ``(C) provides a status of environmental review; and ``(D) provides information regarding satisfaction of other eligibility requirements of the CIFIA program. ``(8) Loan guarantee.--The term `loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. ``(9) Master credit agreement.--The term `master credit agreement' means a conditional agreement that-- ``(A) is for the purpose of extending credit assistance for-- ``(i) a project of high priority under section 999B(c)(3)(A); or ``(ii) a project covered under section 999B(c)(3)(B); ``(B) does not provide for a current obligation of Federal funds; and ``(C) would-- ``(i) make a contingent commitment of a Federal credit instrument or grant at a future date, subject to-- ``(I) the availability of future funds being made available to carry out the CIFIA program; and ``(II) the satisfaction of all conditions for the provision of credit assistance under the CIFIA program, including section 999C(b); ``(ii) establish the maximum amounts and general terms and conditions of the Federal credit instruments or grants; ``(iii) identify the 1 or more revenue sources that will secure the repayment of the Federal credit instruments; ``(iv) provide for the obligation of funds for the Federal credit instruments or grants after all requirements have been met for the projects subject to the agreement, including-- ``(I) compliance with all applicable requirements specified under the CIFIA program, including sections 999B(d) and 999C(b)(1); and ``(II) the availability of funds to carry out the CIFIA program; and ``(v) require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than 4 years after the date of entry into the agreement or release of the commitment, as applicable, unless otherwise extended by the Secretary. ``(10) Obligor.--The term `obligor' means a corporation, partnership, joint venture, trust, governmental entity, agency, or instrumentality, or other entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. ``(11) Produced in the united states.--The term `produced in the United States', with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States. ``(12) Project.--The term `project' means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate. ``(13) Project obligation.--The term `project obligation' means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. ``(14) Secured loan.--The term `secured loan' means a direct loan or other debt obligation issued by an obligor and funded by the Secretary in connection with the financing of a project under section 999C. ``(15) Subsidy amount.--The term `subsidy amount' means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument-- ``(A) calculated on a net present value basis; and ``(B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). ``(16) Substantial completion.--The term `substantial completion', with respect to a project, means the date-- ``(A) on which the project commences transportation of carbon dioxide; or ``(B) of a comparable event to the event described in subparagraph (A), as determined by the Secretary and specified in the project credit agreement. ``SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(b) Eligibility.-- ``(1) In general.--A project shall be eligible to receive a Federal credit instrument or a grant under the CIFIA program if-- ``(A) the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph (3) for the project; and ``(B) the project meets the criteria described in this subsection. ``(2) Creditworthiness.-- ``(A) In general.--Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). ``(B) Reasonable prospect of repayment.--The Secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph (A) on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the Federal credit instrument for the eligible project, including evaluation of-- ``(i) the strength of the contractual terms of an eligible project (if available for the applicable market segment); ``(ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary, and cash sweeps or other structural enhancements; ``(iii) the projected financial strength of the obligor-- ``(I) at the time of loan close; and ``(II) throughout the loan term, including after the project is completed; ``(iv) the financial strength of the investors and strategic partners of the obligor, if applicable; and ``(v) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined appropriate by the Secretary. ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(4) Eligible project costs.--A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. ``(5) Revenue sources.--The applicable Federal credit instrument shall be repayable, in whole or in part, from-- ``(A) user fees; ``(B) payments owing to the obligor under a public- private partnership; or ``(C) other revenue sources that also secure or fund the project obligations. ``(6) Obligor will be identified later.--A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- ``(A) the obligor; and ``(B) identified at a later date through completion of a procurement and selection of the private party. ``(7) Beneficial effects.--The Secretary shall determine that financial assistance for each project under the CIFIA program will-- ``(A) attract public or private investment for the project; ``(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project; or ``(C) enable the transportation of carbon dioxide captured from anthropogenic sources or ambient air. ``(8) Project readiness.--To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program. ``(c) Selection Among Eligible Projects.-- ``(1) Establishment of application process.--The Secretary shall establish an application process under which projects that are eligible to receive assistance under subsection (b) may-- ``(A) receive credit assistance on terms acceptable to the Secretary, if adequate funds are available (including any funds provided on behalf of an eligible project under paragraph (3)(B)(ii)) to cover the subsidy amount associated with the Federal credit instrument; and ``(B) receive grants under section 999D if-- ``(i) adequate funds are available to cover the amount of the grant; and ``(ii) the Secretary determines that the project is eligible under subsection (b) of that section. ``(2) Priority.--In selecting projects to receive credit assistance under subsection (b), the Secretary shall give priority to projects that-- ``(A) are large-capacity, common carrier infrastructure; ``(B) have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air; ``(C) enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air, with the goal of enabling projects in all major carbon dioxide-emitting regions of the United States; and ``(D) are sited within, or adjacent to, existing pipeline or other linear infrastructure corridors, in a manner that minimizes environmental disturbance and other siting concerns. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(B) Adequate funding not available.--If the Secretary fully obligates funding to eligible projects for a fiscal year and adequate funding is not available to fund a Federal credit instrument, a project sponsor (including a unit of State or local government) of an eligible project may elect-- ``(i)(I) to enter into a master credit agreement in lieu of the Federal credit instrument; and ``(II) to wait to execute a Federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance; or ``(ii) if the lack of adequate funding is solely with respect to amounts available for the subsidy amount, to pay the subsidy amount to fund the Federal credit instrument. ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). ``(2) NEPA.--Federal credit assistance may only be provided under this subtitle for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(e) Use of American Iron, Steel, and Manufactured Goods.-- ``(1) In general.--Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States. ``(2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that-- ``(A) the application would be inconsistent with the public interest; ``(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or ``(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent. ``(3) Waivers.--If the Secretary receives a request for a waiver under this subsection, the Secretary shall-- ``(A) make available to the public a copy of the request, together with any information available to the Secretary concerning the request-- ``(i) on an informal basis; and ``(ii) by electronic means, including on the official public website of the Department; ``(B) allow for informal public comment relating to the request for not fewer than 15 days before making a determination with respect to the request; and ``(C) approve or disapprove the request by not later than the date that is 120 days after the date of receipt of the request. ``(4) Applicability.--This subsection shall be applied in accordance with any applicable obligations of the United States under international agreements. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(2) Authority of secretary of labor.--With respect to the labor standards described in paragraph (1), the Secretary of Labor shall have the authority and functions described in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. ``(g) Application Processing Procedures.-- ``(1) Notice of complete application.--Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether-- ``(A) the application is complete; or ``(B) additional information or materials are needed to complete the application. ``(2) Approval or denial of application.--Not later than 60 days after the date of issuance of a written notice under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. ``(h) Development-Phase Activities.--Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 999A(4)(A). ``SEC. 999C. SECURED LOANS. ``(a) Agreements.-- ``(1) In general.--Subject to paragraph (2), the Secretary may enter into agreements with 1 or more obligors to make secured loans, the proceeds of which shall be used-- ``(A) to finance eligible project costs of any project selected under section 999B; ``(B) to refinance interim construction financing of eligible project costs of any project selected under section 999B; or ``(C) to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that-- ``(i) is selected under section 999B; or ``(ii) otherwise meets the requirements of that section. ``(2) Risk assessment.--Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 999B(b)(2). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(2) Maximum amount.--The amount of a secured loan under this section shall not exceed an amount equal to 80 percent of the reasonably anticipated eligible project costs. ``(3) Payment.--A secured loan under this section shall be payable, in whole or in part, from-- ``(A) user fees; ``(B) payments owing to the obligor under a public- private partnership; or ``(C) other revenue sources that also secure or fund the project obligations. ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(B) Limited buydowns.-- ``(i) In general.--Subject to clause (ii), the Secretary may lower the interest rate of a secured loan under this section if the interest rate has increased between the period-- ``(I) beginning on, as applicable-- ``(aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or ``(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and ``(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project. ``(ii) Limitation.--The interest rate of a secured loan may not be lowered pursuant to clause (i) by more than the lower of-- ``(I) 1\1/2\ percentage points (150 basis points); and ``(II) an amount equal to the amount of the increase in the interest rate described in that clause. ``(5) Maturity date.--The final maturity date of the secured loan shall be the earlier of-- ``(A) the date that is 35 years after the date of substantial completion of the project; and ``(B) if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset. ``(6) Nonsubordination.-- ``(A) In general.--Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. ``(B) Preexisting indenture.-- ``(i) In general.--The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- ``(I) the secured loan is rated in the A category or higher; and ``(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues. ``(ii) Limitation.--If the Secretary waives the nonsubordination requirement under this subparagraph-- ``(I) the maximum credit subsidy amount to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and ``(II) the obligor shall be responsible for paying the remainder of the subsidy amount, if any. ``(7) Fees.--The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $1,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. ``(8) Maximum federal involvement.--The total Federal assistance provided for a project under the CIFIA program, including any grant provided under section 999D, shall not exceed an amount equal to 80 percent of the eligible project costs. ``(c) Repayment.-- ``(1) Schedule.--The Secretary shall establish a repayment schedule for each secured loan under this section based on-- ``(A) the projected cash flow from project revenues and other repayment sources; and ``(B) the useful life of the project. ``(2) Commencement.--Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. ``(3) Deferred payments.-- ``(A) In general.--If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. ``(B) Interest.--Any payment deferred under subparagraph (A) shall-- ``(i) continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and ``(ii) be scheduled to be amortized over the remaining term of the loan. ``(C) Criteria.-- ``(i) In general.--Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. ``(ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. ``(4) Prepayment.-- ``(A) Use of excess revenues.--Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty. ``(B) Use of proceeds of refinancing.--A secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. ``(2) Consent of obligor.--In making a sale or reoffering under paragraph (1), the Secretary may not change any original term or condition of the secured loan without the written consent of the obligor. ``(e) Loan Guarantees.-- ``(1) In general.--The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan. ``(2) Terms.--The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary. ``SEC. 999D. FUTURE GROWTH GRANTS. ``(a) Establishment.--The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between-- ``(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and ``(2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be eligible to receive credit assistance under the CIFIA program; ``(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and ``(3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(c) Use of Funds.--A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2). ``(d) Maximum Amount.--The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a). ``SEC. 999E. PROGRAM ADMINISTRATION. ``(a) Requirement.--The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program. ``(b) Fees.--The Secretary may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover-- ``(1) the costs of services of expert firms retained pursuant to subsection (d); and ``(2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. ``(c) Servicer.-- ``(1) In general.--The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. ``(2) Duties.--A servicer appointed under paragraph (1) shall act as the agent for the Secretary. ``(3) Fee.--A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary. ``(d) Assistance From Expert Firms.--The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. ``(e) Expedited Processing.--The Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the CIFIA program. ``SEC. 999F. STATE AND LOCAL PERMITS. ``The provision of credit assistance under the CIFIA program with respect to a project shall not-- ``(1) relieve any recipient of the assistance of any project obligation to obtain any required State or local permit or approval with respect to the project; ``(2) limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or ``(3) otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project. ``SEC. 999G. REGULATIONS. ``The Secretary may promulgate such regulations as the Secretary determines to be appropriate to carry out the CIFIA program. ``SEC. 999H. FUNDING. ``(a) Funding.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this subtitle, to remain available until expended-- ``(A) $600,000,000 for each of fiscal years 2022 and 2023; and ``(B) $300,000,000 for each of fiscal years 2024 through 2026. ``(2) Spending and borrowing authority.--Spending and borrowing authority for a fiscal year to enter into Federal credit instruments shall be promptly apportioned to the Secretary on a fiscal-year basis. ``(3) Reestimates.--If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)). ``(4) Administrative costs.--Of the amounts made available to carry out the CIFIA program, the Secretary may use not more than $9,000,000 (as indexed for United States dollar inflation from the date of enactment of the Storing CO2 and Lowering Emissions Act (as measured by the Consumer Price Index)) each fiscal year for the administration of the CIFIA program. ``(b) Contract Authority.-- ``(1) In general.--Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment. ``(2) Availability.--Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.''. (b) Technical Amendments.--The table of contents for the Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended-- (1) in the item relating to section 917, by striking ``Efficiency''; (2) by striking the items relating to subtitle J of title IX (relating to ultra-deepwater and unconventional natural gas and other petroleum resources) and inserting the following: ``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and Innovation ``Sec. 999A. Definitions. ``Sec. 999B. Determination of eligibility and project selection. ``Sec. 999C. Secured loans. ``Sec. 999D. Future growth grants. ``Sec. 999E. Program administration. ``Sec. 999F. State and local permits. ``Sec. 999G. Regulations. ``Sec. 999H. Funding.''; and (3) by striking the item relating to section 969B and inserting the following: ``Sec. 969B. High efficiency turbines.''. TITLE III--GEOLOGIC STORAGE OF CAPTURED CARBON SEC. 301. CARBON STORAGE VALIDATION AND TESTING. Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is amended-- (1) in subsection (a)(1)(B), by striking ``over a 10-year period''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``and demonstration'' and inserting ``demonstration, and commercialization''; and (B) in paragraph (2)-- (i) in subparagraph (G), by striking ``and'' at the end; (ii) in subparagraph (H), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(I) evaluating the quantity, location, and timing of geologic carbon storage deployment that may be needed, and developing strategies and resources to enable the deployment.''; (3) by redesignating subsections (e) through (g) as subsections (f) through (h), respectively; (4) by inserting after subsection (d) the following: ``(e) Large-Scale Carbon Storage Commercialization Program.-- ``(1) In general.--The Secretary shall establish a commercialization program under which the Secretary shall provide funding for the development of new or expanded commercial large-scale carbon sequestration projects and associated carbon dioxide transport infrastructure, including funding for the feasibility, site characterization, permitting, and construction stages of project development. ``(2) Applications; selection.-- ``(A) In general.--To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(B) Application process.--The Secretary shall establish an application process that, to the maximum extent practicable-- ``(i) is open to projects at any stage of development described in paragraph (1); and ``(ii) facilitates expeditious development of projects described in that paragraph. ``(C) Project selection.--In selecting projects for funding under paragraph (1), the Secretary shall give priority to-- ``(i) projects with substantial carbon dioxide storage capacity; or ``(ii) projects that will store carbon dioxide from multiple carbon capture facilities.''; (5) in subsection (f) (as so redesignated), in paragraph (1), by inserting ``with respect to the research, development, demonstration program components described in subsections (b) through (d)'' before ``give preference''; and (6) in subsection (h) (as so redesignated)-- (A) in paragraph (5), by striking the period at the end and inserting ``; and''; (B) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting appropriately; (C) by inserting before subparagraph (A) (as so redesignated) the following: ``(1) for activities under the research, development, demonstration program components described in subsections (b) through (d)--''; and (D) by adding at the end the following: ``(2) for activities under the commercialization program component described in subsection (e), to remain available until expended, $500,000,000 for each of fiscal years 2022 through 2026.''. SEC. 302. SECURE GEOLOGIC STORAGE PERMITTING. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Class vi well.--The term ``Class VI well'' means a well described in section 144.6(f) of title 40, Code of Federal Regulations (or successor regulations). (b) Geologic Sequestration Permitting.--For the permitting of Class VI wells by the Administrator for the injection of carbon dioxide for the purpose of geologic sequestration in accordance with the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and the final rule of the Administrator entitled ``Federal Requirements Under the Underground Injection Control (UIC) Program for Carbon Dioxide (CO<INF>2</INF>) Geologic Sequestration (GS) Wells'' (75 Fed. Reg. 77230 (December 10, 2010)), there is authorized to be appropriated for each of fiscal years 2022 through 2026, $5,000,000. (c) State Permitting Program Grants.-- (1) Establishment.--The Administrator shall award grants to States that, pursuant to section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h-1), receive the approval of the Administrator for a State underground injection control program for permitting Class VI wells for the injection of carbon dioxide. (2) Use of funds.--A State that receives a grant under paragraph (1) shall use the amounts received under the grant to defray the expenses of the State related to the establishment and operation of a State underground injection control program described in paragraph (1). (3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, for the period of fiscal years 2022 through 2026, $50,000,000. <all>

SCALE Act

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes.

SCALE Act Storing CO2 and Lowering Emissions Act

Rep. Veasey, Marc A.

D

TX

This bill establishes programs within the Department of Energy that provide financial support and incentives to develop infrastructure for carbon dioxide capture, transport, utilization, and storage.

(a) Short Title.--This Act may be cited as the ``Storing CO2 and Lowering Emissions Act'' or the ``SCALE Act''. 1. Carbon utilization program. Carbon capture technology program. Carbon dioxide transportation infrastructure finance and innovation. Sec. Secure geologic storage permitting. 2. 16292) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``program.'' 16181 et seq.) ``(3) Contingent commitment.--The term `contingent commitment' means a commitment to obligate funds from future available budget authority that is-- ``(A) contingent on those funds being made available in law at a future date; and ``(B) not an obligation of the Federal Government. ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(4) Eligible project costs.--A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. ``(6) Obligor will be identified later.--A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- ``(A) the obligor; and ``(B) identified at a later date through completion of a procurement and selection of the private party. ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). 1267; 5 U.S.C. and section 3145 of title 40, United States Code. SECURED LOANS. ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. FUTURE GROWTH GRANTS. ``(c) Servicer.-- ``(1) In general.--The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. REGULATIONS. FUNDING. 661c(f)). ``(2) Availability.--Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.''. 999B. 999C. 999D. ''; and (3) by striking the item relating to section 969B and inserting the following: ``Sec. ``(B) Application process.--The Secretary shall establish an application process that, to the maximum extent practicable-- ``(i) is open to projects at any stage of development described in paragraph (1); and ``(ii) facilitates expeditious development of projects described in that paragraph.

(a) Short Title.--This Act may be cited as the ``Storing CO2 and Lowering Emissions Act'' or the ``SCALE Act''. 1. Carbon utilization program. Carbon capture technology program. Carbon dioxide transportation infrastructure finance and innovation. Sec. Secure geologic storage permitting. 2. 16292) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``program.'' ``(3) Contingent commitment.--The term `contingent commitment' means a commitment to obligate funds from future available budget authority that is-- ``(A) contingent on those funds being made available in law at a future date; and ``(B) not an obligation of the Federal Government. ``(4) Eligible project costs.--A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. ``(6) Obligor will be identified later.--A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- ``(A) the obligor; and ``(B) identified at a later date through completion of a procurement and selection of the private party. ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). 1267; 5 U.S.C. and section 3145 of title 40, United States Code. SECURED LOANS. ``(ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. FUTURE GROWTH GRANTS. ``(c) Servicer.-- ``(1) In general.--The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. REGULATIONS. FUNDING. ``(2) Availability.--Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.''. 999B. 999C. 999D. ``(B) Application process.--The Secretary shall establish an application process that, to the maximum extent practicable-- ``(i) is open to projects at any stage of development described in paragraph (1); and ``(ii) facilitates expeditious development of projects described in that paragraph.

(a) Short Title.--This Act may be cited as the ``Storing CO2 and Lowering Emissions Act'' or the ``SCALE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Findings. Carbon utilization program. Carbon capture technology program. Carbon dioxide transportation infrastructure finance and innovation. Sec. Secure geologic storage permitting. 2. Section 969A of the Energy Policy Act of 2005 (42 U.S.C. ``(D) Use of funds.--An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that-- ``(i) use or are derived from anthropogenic carbon oxides; and ``(ii) demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products. 16292) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``program.'' 16181 et seq.) DEFINITIONS. ``(3) Contingent commitment.--The term `contingent commitment' means a commitment to obligate funds from future available budget authority that is-- ``(A) contingent on those funds being made available in law at a future date; and ``(B) not an obligation of the Federal Government. ``(8) Loan guarantee.--The term `loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. ``(11) Produced in the united states.--The term `produced in the United States', with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(4) Eligible project costs.--A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. ``(5) Revenue sources.--The applicable Federal credit instrument shall be repayable, in whole or in part, from-- ``(A) user fees; ``(B) payments owing to the obligor under a public- private partnership; or ``(C) other revenue sources that also secure or fund the project obligations. ``(6) Obligor will be identified later.--A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- ``(A) the obligor; and ``(B) identified at a later date through completion of a procurement and selection of the private party. ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). 1267; 5 U.S.C. and section 3145 of title 40, United States Code. SECURED LOANS. ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. FUTURE GROWTH GRANTS. ``(c) Servicer.-- ``(1) In general.--The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. REGULATIONS. FUNDING. 661c(f)). ``(2) Availability.--Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.''. 999A. 999B. 999C. 999D. ''; and (3) by striking the item relating to section 969B and inserting the following: ``Sec. High efficiency turbines.''. ``(B) Application process.--The Secretary shall establish an application process that, to the maximum extent practicable-- ``(i) is open to projects at any stage of development described in paragraph (1); and ``(ii) facilitates expeditious development of projects described in that paragraph. 300h-1), receive the approval of the Administrator for a State underground injection control program for permitting Class VI wells for the injection of carbon dioxide.

(a) Short Title.--This Act may be cited as the ``Storing CO2 and Lowering Emissions Act'' or the ``SCALE Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Findings. Carbon utilization program. Carbon capture technology program. Carbon dioxide transportation infrastructure finance and innovation. TITLE III--GEOLOGIC STORAGE OF CAPTURED CARBON Sec. Sec. Secure geologic storage permitting. 2. 101. Section 969A of the Energy Policy Act of 2005 (42 U.S.C. ``(D) Use of funds.--An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that-- ``(i) use or are derived from anthropogenic carbon oxides; and ``(ii) demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products. 201. 16292) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``program.'' and inserting ``program for carbon capture technologies; and''; and (C) by adding at the end the following: ``(E) a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture, utilization, and storage technologies. 202. 16181 et seq.) DEFINITIONS. ``(3) Contingent commitment.--The term `contingent commitment' means a commitment to obligate funds from future available budget authority that is-- ``(A) contingent on those funds being made available in law at a future date; and ``(B) not an obligation of the Federal Government. )), including-- ``(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and ``(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. ``(8) Loan guarantee.--The term `loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. ``(11) Produced in the united states.--The term `produced in the United States', with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION. ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(4) Eligible project costs.--A project under the CIFIA program shall have eligible project costs that are reasonably anticipated to equal or exceed $100,000,000. ``(5) Revenue sources.--The applicable Federal credit instrument shall be repayable, in whole or in part, from-- ``(A) user fees; ``(B) payments owing to the obligor under a public- private partnership; or ``(C) other revenue sources that also secure or fund the project obligations. ``(6) Obligor will be identified later.--A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- ``(A) the obligor; and ``(B) identified at a later date through completion of a procurement and selection of the private party. ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). 1267; 5 U.S.C. and section 3145 of title 40, United States Code. ``(g) Application Processing Procedures.-- ``(1) Notice of complete application.--Not later than 30 days after the date of receipt of an application under this section, the Secretary shall provide to the applicant a written notice describing whether-- ``(A) the application is complete; or ``(B) additional information or materials are needed to complete the application. SECURED LOANS. ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(ii) Repayment standards.--The criteria established pursuant to clause (i) shall include standards for the reasonable prospect of repayment. FUTURE GROWTH GRANTS. ``(c) Servicer.-- ``(1) In general.--The Secretary may appoint a financial entity to assist the Secretary in servicing the Federal credit instruments. REGULATIONS. FUNDING. 661c(f)). ``(2) Availability.--Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.''. 999A. 999B. 999C. 999D. 999E. 999F. 999G. 999H. ''; and (3) by striking the item relating to section 969B and inserting the following: ``Sec. High efficiency turbines.''. 301. ``(B) Application process.--The Secretary shall establish an application process that, to the maximum extent practicable-- ``(i) is open to projects at any stage of development described in paragraph (1); and ``(ii) facilitates expeditious development of projects described in that paragraph. 302. 300h-1), receive the approval of the Administrator for a State underground injection control program for permitting Class VI wells for the injection of carbon dioxide. (3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, for the period of fiscal years 2022 through 2026, $50,000,000.

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. b) Table of Contents.--The table of contents for this Act is as follows: Sec. TITLE II--TRANSPORTATION OF CAPTURED CARBON Sec. TITLE I--UTILIZATION OF CARBON OXIDES SEC. ``(B) Eligible entities.--To be eligible to receive a grant under this paragraph, an entity shall be-- ``(i) a State; ``(ii) a unit of local government; or ``(iii) a public utility or agency. ``(D) Use of funds.--An eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that-- ``(i) use or are derived from anthropogenic carbon oxides; and ``(ii) demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies, processes, and products. ''; Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is amended-- (1) in subsection (b)(2)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``program.'' ''; and (2) in subsection (d)(1)-- (A) in subparagraph (C)(ii), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) for activities under the front-end engineering and design program described in subsection (b)(2)(E), $20,000,000 for each of fiscal years 2022 through 2025.''. ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and ``(B) holds itself out to provide transportation services to the public for a fee. ``(5) Federal credit instrument.--The term `Federal credit instrument' means a secured loan or loan guarantee authorized to be provided under the CIFIA program with respect to a project. ``(6) Lender.--The term `lender' means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq. )), including-- ``(A) a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and ``(B) a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer. ``(7) Letter of interest.--The term `letter of interest' means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that-- ``(A) describes the project and the location, purpose, and cost of the project; ``(B) outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor; ``(C) provides a status of environmental review; and ``(D) provides information regarding satisfaction of other eligibility requirements of the CIFIA program. ``(10) Obligor.--The term `obligor' means a corporation, partnership, joint venture, trust, governmental entity, agency, or instrumentality, or other entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. ``(13) Project obligation.--The term `project obligation' means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument. ``(15) Subsidy amount.--The term `subsidy amount' means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument-- ``(A) calculated on a net present value basis; and ``(B) excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(2) Creditworthiness.-- ``(A) In general.--Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(5) Revenue sources.--The applicable Federal credit instrument shall be repayable, in whole or in part, from-- ``(A) user fees; ``(B) payments owing to the obligor under a public- private partnership; or ``(C) other revenue sources that also secure or fund the project obligations. ``(8) Project readiness.--To be eligible for assistance under the CIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than 90 days after the date on which a Federal credit instrument or grant is obligated for the project under the CIFIA program. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). ``(2) NEPA.--Federal credit assistance may only be provided under this subtitle for a project that has received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that-- ``(A) the application would be inconsistent with the public interest; ``(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or ``(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent. ``(4) Applicability.--This subsection shall be applied in accordance with any applicable obligations of the United States under international agreements. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(2) Authority of secretary of labor.--With respect to the labor standards described in paragraph (1), the Secretary of Labor shall have the authority and functions described in Reorganization Plan Numbered 14 of 1950 (64 Stat. ``(2) Approval or denial of application.--Not later than 60 days after the date of issuance of a written notice under paragraph (1), the Secretary shall provide to the applicant a written notice informing the applicant whether the Secretary has approved or disapproved the application. ``(h) Development-Phase Activities.--Any Federal credit instrument provided under the CIFIA program may be used to finance up to 100 percent of the cost of development-phase activities, as described in section 999A(4)(A). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(B) Limited buydowns.-- ``(i) In general.--Subject to clause (ii), the Secretary may lower the interest rate of a secured loan under this section if the interest rate has increased between the period-- ``(I) beginning on, as applicable-- ``(aa) the date on which an application acceptable to the Secretary is submitted for the applicable project; or ``(bb) the date on which the Secretary entered into a master credit agreement for the applicable project; and ``(II) ending on the date on which the Secretary executes the Federal credit instrument for the applicable project. ``(5) Maturity date.--The final maturity date of the secured loan shall be the earlier of-- ``(A) the date that is 35 years after the date of substantial completion of the project; and ``(B) if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset. ``(B) Preexisting indenture.-- ``(i) In general.--The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- ``(I) the secured loan is rated in the A category or higher; and ``(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues. ``(7) Fees.--The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $1,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. ``(c) Repayment.-- ``(1) Schedule.--The Secretary shall establish a repayment schedule for each secured loan under this section based on-- ``(A) the projected cash flow from project revenues and other repayment sources; and ``(B) the useful life of the project. ``(3) Deferred payments.-- ``(A) In general.--If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. ``(4) Prepayment.-- ``(A) Use of excess revenues.--Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan, without penalty. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. ``(2) Terms.--The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Secretary. 999D. FUTURE GROWTH GRANTS. ``(c) Use of Funds.--A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2). ``(a) Requirement.--The Secretary shall establish a uniform system to service the Federal credit instruments provided under the CIFIA program. ``(3) Fee.--A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Secretary. ``(d) Assistance From Expert Firms.--The Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments. ``(a) Funding.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this subtitle, to remain available until expended-- ``(A) $600,000,000 for each of fiscal years 2022 and 2023; and ``(B) $300,000,000 for each of fiscal years 2024 through 2026. ``(b) Contract Authority.-- ``(1) In general.--Notwithstanding any other provision of law, execution of a term sheet by the Secretary of a Federal credit instrument that uses amounts made available under the CIFIA program shall impose on the United States a contractual obligation to fund the Federal credit investment. ``(2) Availability.--Amounts made available to carry out the CIFIA program for a fiscal year shall be available for obligation on October 1 of the fiscal year.''. ( 600) is amended-- (1) in the item relating to section 917, by striking ``Efficiency''; (2) by striking the items relating to subtitle J of title IX (relating to ultra-deepwater and unconventional natural gas and other petroleum resources) and inserting the following: ``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and Innovation ``Sec. 999D. Future growth grants. ``(2) Applications; selection.-- ``(A) In general.--To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(B) Application process.--The Secretary shall establish an application process that, to the maximum extent practicable-- ``(i) is open to projects at any stage of development described in paragraph (1); and ``(ii) facilitates expeditious development of projects described in that paragraph. a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Class vi well.--The term ``Class VI well'' means a well described in section 144.6(f) of title 40, Code of Federal Regulations (or successor regulations). ( c) State Permitting Program Grants.-- (1) Establishment.--The Administrator shall award grants to States that, pursuant to section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h-1), receive the approval of the Administrator for a State underground injection control program for permitting Class VI wells for the injection of carbon dioxide. ( (3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, for the period of fiscal years 2022 through 2026, $50,000,000.

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. b) Table of Contents.--The table of contents for this Act is as follows: Sec. TITLE II--TRANSPORTATION OF CAPTURED CARBON Sec. TITLE I--UTILIZATION OF CARBON OXIDES SEC. CARBON UTILIZATION PROGRAM. ``(B) Eligible entities.--To be eligible to receive a grant under this paragraph, an entity shall be-- ``(i) a State; ``(ii) a unit of local government; or ``(iii) a public utility or agency. and (C) in paragraph (3) (as so redesignated), by striking ``paragraph (1)'' and inserting ``this subsection''; and (3) in subsection (d), by striking paragraphs (1) through (5) and inserting the following: ``(1) $64,000,000 for fiscal year 2021; ``(2) $65,250,000 for fiscal year 2022; ``(3) $66,562,500 for fiscal year 2023; ``(4) $67,940,625 for fiscal year 2024; and ``(5) $69,387,656 for fiscal year 2025.''. and inserting ``program for carbon capture technologies; and''; and (C) by adding at the end the following: ``(E) a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture, utilization, and storage technologies. ''; ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and ``(B) holds itself out to provide transportation services to the public for a fee. ``(5) Federal credit instrument.--The term `Federal credit instrument' means a secured loan or loan guarantee authorized to be provided under the CIFIA program with respect to a project. ``(6) Lender.--The term `lender' means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or a successor regulation), commonly known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq. )), ``(7) Letter of interest.--The term `letter of interest' means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Secretary on the website of the CIFIA program that-- ``(A) describes the project and the location, purpose, and cost of the project; ``(B) outlines the proposed financial plan, including the requested credit and grant assistance and the proposed obligor; ``(C) provides a status of environmental review; and ``(D) provides information regarding satisfaction of other eligibility requirements of the CIFIA program. ``(8) Loan guarantee.--The term `loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. ``(10) Obligor.--The term `obligor' means a corporation, partnership, joint venture, trust, governmental entity, agency, or instrumentality, or other entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. ``(11) Produced in the united states.--The term `produced in the United States', with respect to iron and steel, means that all manufacturing processes for the iron and steel, including the application of any coating, occurs within the United States. ``(12) Project.--The term `project' means a project for common carrier carbon dioxide transportation infrastructure or associated equipment, including pipeline, shipping, rail, or other transportation infrastructure and associated equipment, that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air, as the Secretary determines to be appropriate. ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(2) Creditworthiness.-- ``(A) In general.--Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(6) Obligor will be identified later.--A State, local government, agency, or instrumentality of a State or local government, or a public authority, may submit to the Secretary an application under paragraph (3), under which a private party to a public-private partnership will be-- ``(A) the obligor; and ``(B) identified at a later date through completion of a procurement and selection of the private party. ``(7) Beneficial effects.--The Secretary shall determine that financial assistance for each project under the CIFIA program will-- ``(A) attract public or private investment for the project; ``(B) enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project; or ``(C) enable the transportation of carbon dioxide captured from anthropogenic sources or ambient air. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(d) Federal Requirements.-- ``(1) In general.--Nothing in this subtitle supersedes the applicability of any other requirement under Federal law (including regulations). ``(e) Use of American Iron, Steel, and Manufactured Goods.-- ``(1) In general.--Except as provided in paragraph (2), no Federal credit instrument or grant provided under the CIFIA program shall be made available for a project unless all iron, steel, and manufactured goods used in the project are produced in the United States. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(2) Authority of secretary of labor.--With respect to the labor standards described in paragraph (1), the Secretary of Labor shall have the authority and functions described in Reorganization Plan Numbered 14 of 1950 (64 Stat. ``(2) Risk assessment.--Before entering into an agreement under this subsection, the Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate credit subsidy amount for each secured loan, taking into account all relevant factors, including the creditworthiness factors under section 999B(b)(2). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(6) Nonsubordination.-- ``(A) In general.--Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. ``(7) Fees.--The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $1,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. ``(3) Deferred payments.-- ``(A) In general.--If, at any time after the date of substantial completion of a project, the project is unable to generate sufficient revenues in excess of reasonable and necessary operating expenses to pay the scheduled loan repayments of principal and interest on the secured loan, the Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. ``(e) Loan Guarantees.-- ``(1) In general.--The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Secretary determines that the budgetary cost of the loan guarantee is substantially the same as, or less than, that of a secured loan. ``(b) Eligibility.--To be eligible to receive a grant under this section, an entity shall-- ``(1) be eligible to receive credit assistance under the CIFIA program; ``(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and ``(3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(d) Maximum Amount.--The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a). ``(b) Fees.--The Secretary may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover-- ``(1) the costs of services of expert firms retained pursuant to subsection (d); and ``(2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. 999F. STATE AND LOCAL PERMITS. ``(a) Funding.-- ``(1) In general.--There are authorized to be appropriated to the Secretary to carry out this subtitle, to remain available until expended-- ``(A) $600,000,000 for each of fiscal years 2022 and 2023; and ``(B) $300,000,000 for each of fiscal years 2024 through 2026. ``(3) Reestimates.--If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)). 999D. Future growth grants. ''; and (3) by striking the item relating to section 969B and inserting the following: ``Sec. ``(C) Project selection.--In selecting projects for funding under paragraph (1), the Secretary shall give priority to-- ``(i) projects with substantial carbon dioxide storage capacity; or ``(ii) projects that will store carbon dioxide from multiple carbon capture facilities. SECURE GEOLOGIC STORAGE PERMITTING. ( b) Geologic Sequestration Permitting.--For the permitting of Class VI wells by the Administrator for the injection of carbon dioxide for the purpose of geologic sequestration in accordance with the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) (2) Use of funds.--A State that receives a grant under paragraph (1) shall use the amounts received under the grant to defray the expenses of the State related to the establishment and operation of a State underground injection control program described in paragraph (1). ( 3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, for the period of fiscal years 2022 through 2026, $50,000,000.

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. TITLE II--TRANSPORTATION OF CAPTURED CARBON Sec. ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and ``(B) holds itself out to provide transportation services to the public for a fee. ``(8) Loan guarantee.--The term `loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. ``(2) Creditworthiness.-- ``(A) In general.--Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(7) Fees.--The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $1,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. ``(b) Fees.--The Secretary may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover-- ``(1) the costs of services of expert firms retained pursuant to subsection (d); and ``(2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. 999F. STATE AND LOCAL PERMITS. ``(3) Reestimates.--If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. and (2) in subsection (d)(1)-- (A) in subparagraph (C)(ii), by striking ``and'' at the end; (B) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(E) for activities under the front-end engineering and design program described in subsection (b)(2)(E), $20,000,000 for each of fiscal years 2022 through 2025.''. ``(10) Obligor.--The term `obligor' means a corporation, partnership, joint venture, trust, governmental entity, agency, or instrumentality, or other entity that is primarily liable for payment of the principal of, or interest on, a Federal credit instrument. ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that-- ``(A) the application would be inconsistent with the public interest; ``(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or ``(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(5) Maturity date.--The final maturity date of the secured loan shall be the earlier of-- ``(A) the date that is 35 years after the date of substantial completion of the project; and ``(B) if the useful life of the capital asset being financed is of a lesser period, the date that is the end of the useful life of the asset. ``(B) Preexisting indenture.-- ``(i) In general.--The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- ``(I) the secured loan is rated in the A category or higher; and ``(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. ``(2) Applications; selection.-- ``(A) In general.--To be eligible to enter into an agreement with the Secretary for funding under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. 300h-1), receive the approval of the Administrator for a State underground injection control program for permitting Class VI wells for the injection of carbon dioxide. ( ( 3) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection, for the period of fiscal years 2022 through 2026, $50,000,000.

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. TITLE II--TRANSPORTATION OF CAPTURED CARBON Sec. ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and ``(B) holds itself out to provide transportation services to the public for a fee. ``(8) Loan guarantee.--The term `loan guarantee' means any guarantee or other pledge by the Secretary to pay all or part of the principal of, and interest on, a loan or other debt obligation issued by an obligor and funded by a lender. ``(2) Creditworthiness.-- ``(A) In general.--Each project and obligor that receives a Federal credit instrument or a grant under the CIFIA program shall be creditworthy, such that there exists a reasonable prospect of repayment of the principal and interest on the Federal credit instrument, as determined by the Secretary under subparagraph (B). ``(3) Applications.--To be eligible for assistance under the CIFIA program, an obligor shall submit to the Secretary a project application at such time, in such manner, and containing such information as the Secretary determines to be appropriate. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(4) Interest rate.-- ``(A) In general.--Except as provided in subparagraph (B), the interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement. ``(7) Fees.--The Secretary may collect a fee on or after the date of the financial close of a Federal credit instrument under this section in an amount equal to not more than $1,000,000 to cover all or a portion of the costs to the Federal Government of providing the Federal credit instrument. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms. ``(b) Fees.--The Secretary may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover-- ``(1) the costs of services of expert firms retained pursuant to subsection (d); and ``(2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. 999F. STATE AND LOCAL PERMITS. ``(3) Reestimates.--If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(3) Master credit agreements.-- ``(A) Priority projects.--The Secretary may enter into a master credit agreement for a project that the Secretary determines-- ``(i) will likely be eligible for credit assistance under subsection (b), on obtaining-- ``(I) additional commitments from associated carbon capture projects to use the project; or ``(II) all necessary permits and approvals; and ``(ii) is a project of high priority, as determined in accordance with the criteria described in paragraph (2). ``(2) Exceptions.--Paragraph (1) shall not apply in any case or category of cases with respect to which the Secretary determines that-- ``(A) the application would be inconsistent with the public interest; ``(B) iron, steel, or a relevant manufactured good is not produced in the United States in sufficient and reasonably available quantity, or of a satisfactory quality; or ``(C) the inclusion of iron, steel, or a manufactured good produced in the United States will increase the cost of the overall project by more than 25 percent. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(B) Preexisting indenture.-- ``(i) In general.--The Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if-- ``(I) the secured loan is rated in the A category or higher; and ``(II) the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and ``(B) holds itself out to provide transportation services to the public for a fee. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(b) Fees.--The Secretary may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover-- ``(1) the costs of services of expert firms retained pursuant to subsection (d); and ``(2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. ``(3) Reestimates.--If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. ``(2) Common carrier.--The term `common carrier' means a transportation infrastructure operator or owner that-- ``(A) publishes a publicly available tariff containing the just and reasonable rates, terms, and conditions of nondiscriminatory service; and ``(B) holds itself out to provide transportation services to the public for a fee. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(b) Fees.--The Secretary may collect fees on or after the date of the financial close of a Federal credit instrument provided under the CIFIA program, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover-- ``(1) the costs of services of expert firms retained pursuant to subsection (d); and ``(2) all or a portion of the costs to the Federal Government of servicing the Federal credit instruments. ``(3) Reestimates.--If the subsidy amount of a Federal credit instrument is reestimated, the cost increase or decrease of the reestimate shall be borne by, or benefit, the general fund of the Treasury, consistent with section 504(f) of the Congressional Budget Act of 1974 (2 U.S.C. 661c(f)).

To require the Secretary of Energy to establish programs for carbon dioxide capture, transport, utilization, and storage, and for other purposes. ``(a) Establishment of Program.--The Secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program, under which the Secretary shall provide for eligible projects in accordance with this subtitle-- ``(1) a Federal credit instrument under section 999C; ``(2) a grant under section 999D; or ``(3) both a Federal credit instrument and a grant. ``(f) Prevailing Rate of Wage.-- ``(1) In general.--The Secretary shall ensure that each laborer and mechanic employed by a contractor or subcontractor for a project financed, in whole or in part, by a Federal credit instrument or grant provided under the CIFIA program shall be paid wages at rates not less than those prevailing on the same type of work on similar construction projects in the applicable locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to as the `Davis-Bacon Act'). ``(b) Terms and Limitations.-- ``(1) In general.--A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. ``(d) Sale of Secured Loans.-- ``(1) In general.--Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Secretary determines that the sale or reoffering can be made on favorable terms.

H.R.7715

Health

Seeking Official Uncounted Lives Statistics Act or the SOULS Act This bill requires the Centers for Disease Control and Prevention to include abortions, to the extent possible, when collecting and making available data on U.S. death numbers and rates.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeking Official Uncounted Lives Statistics Act'' or the ``SOULS Act''. SEC. 2. INCLUSION OF ABORTED CHILDREN IN CDC DEATH NUMBERS AND RATES. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus. <all>

SOULS Act

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates.

SOULS Act Seeking Official Uncounted Lives Statistics Act

Rep. Cawthorn, Madison

R

NC

This bill requires the Centers for Disease Control and Prevention to include abortions, to the extent possible, when collecting and making available data on U.S. death numbers and rates.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeking Official Uncounted Lives Statistics Act'' or the ``SOULS Act''. SEC. 2. INCLUSION OF ABORTED CHILDREN IN CDC DEATH NUMBERS AND RATES. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus. <all>

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeking Official Uncounted Lives Statistics Act'' or the ``SOULS Act''. SEC. 2. INCLUSION OF ABORTED CHILDREN IN CDC DEATH NUMBERS AND RATES. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus. <all>

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeking Official Uncounted Lives Statistics Act'' or the ``SOULS Act''. SEC. 2. INCLUSION OF ABORTED CHILDREN IN CDC DEATH NUMBERS AND RATES. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus. <all>

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Seeking Official Uncounted Lives Statistics Act'' or the ``SOULS Act''. SEC. 2. INCLUSION OF ABORTED CHILDREN IN CDC DEATH NUMBERS AND RATES. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus. <all>

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

To require the Director of the Centers for Disease Control and Prevention to include, to the extent possible, aborted children in death numbers and rates. In collecting and making available information on death numbers and rates in the United States, the Director of the Centers for Disease Control and Prevention shall, to the extent possible, include in such numbers and rates any abortion of a human embryo or fetus.

S.163

Science, Technology, Communications

Telecommunications Skilled Workforce Act This bill establishes measures to address the workforce needs of the telecommunications industry. Specifically, the bill requires the Federal Communications Commission to establish an interagency working group to develop recommendations for addressing these workforce needs. In addition, the bill requires the Department of Labor to establish and issue guidance on how states can address the workforce needs and safety of the telecommunications industry. In particular, the guidance must address how a state workforce development board can (1) utilize federal resources available to meet telecommunications industry workforce needs; (2) promote and improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of tower climbers and other members of the telecommunications workforce. The Government Accountability Office must submit to Congress a report that estimates the number of skilled telecommunications workers that will be required to build and maintain (1) broadband infrastructure in rural areas, and (2) the 5G wireless infrastructure needed to support 5G wireless technology.

To address the workforce needs of the telecommunications industry. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <DELETED>SECTION 1. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Telecommunications Skilled Workforce Act''.</DELETED> <DELETED>SEC. 2. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following:</DELETED> <DELETED>``SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> ``(a) Definitions.--In this section:</DELETED> <DELETED> ``(1) 5G.--The term `5G', with respect to wireless infrastructure and wireless technology, means fifth-generation wireless infrastructure and wireless technology.</DELETED> <DELETED> ``(2) Rural area.--The term `rural area' means any area other than--</DELETED> <DELETED> ``(A) a city, town, or incorporated area that has a population of more than 20,000 inhabitants; or</DELETED> <DELETED> ``(B) an urbanized area adjacent to a city or town that has a population of more than 50,000 inhabitants.</DELETED> <DELETED> ``(3) Telecommunications interagency working group.--The term `telecommunications interagency working group' means the interagency working group established under subsection (b).</DELETED> <DELETED> ``(b) Establishment.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry.</DELETED> <DELETED> ``(c) Duties.--In developing recommendations under subsection (b), the telecommunications interagency working group shall--</DELETED> <DELETED> ``(1) determine whether, and if so how, any Federal laws (including regulations), guidance, policies, or practices, or any budgetary constraints, inhibit institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit businesses from establishing, adopting, or expanding programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology;</DELETED> <DELETED> ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs;</DELETED> <DELETED> ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry;</DELETED> <DELETED> ``(4) identify ways to encourage individuals and for-profit businesses to participate in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program;</DELETED> <DELETED> ``(5) identify ways to improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program and other industry-recognized apprenticeship programs; and</DELETED> <DELETED> ``(6) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other relevant stakeholders to establish or adopt programs, or expand current programs, to address the workforce needs of the telecommunications industry, including such needs in rural areas.</DELETED> <DELETED> ``(d) Members.--The telecommunications interagency working group shall be composed of representatives of such Federal agencies and relevant non-Federal industry stakeholder organizations as the Chairman of the Commission, in consultation with the Secretary of Labor, considers appropriate, including--</DELETED> <DELETED> ``(1) a representative of the Department of Education, appointed by the Secretary of Education;</DELETED> <DELETED> ``(2) a representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information;</DELETED> <DELETED> ``(3) a representative of the Department of Commerce, appointed by the Secretary of Commerce;</DELETED> <DELETED> ``(4) a representative of the Commission, appointed by the Chairman of the Commission;</DELETED> <DELETED> ``(5) a representative of the Telecommunications Industry Registered Apprenticeship Program, appointed by the Secretary of Labor;</DELETED> <DELETED> ``(6) a representative of a telecommunications industry association, appointed by the Chairman of the Commission;</DELETED> <DELETED> ``(7) a representative of an Indian Tribe or Tribal organization, appointed by the Secretary of Labor;</DELETED> <DELETED> ``(8) a representative of a rural telecommunications carrier, appointed by the Chairman of the Commission;</DELETED> <DELETED> ``(9) a representative of a telecommunications contractor firm, appointed by the Chairman of the Commission;</DELETED> <DELETED> ``(10) a representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education; and</DELETED> <DELETED> ``(11) a representative of a labor organization, appointed by the Secretary of Labor.</DELETED> <DELETED> ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation.</DELETED> <DELETED> ``(f) Report to Congress.--Not later than 180 days after the date on which the telecommunications interagency working group is established, the working group shall submit a report containing recommendations to address the workforce needs of the telecommunications industry to--</DELETED> <DELETED> ``(1) the Committee on Commerce, Science, and Transportation of the Senate;</DELETED> <DELETED> ``(2) the Committee on Health, Education, Labor, and Pensions of the Senate;</DELETED> <DELETED> ``(3) the Committee on Energy and Commerce of the House of Representatives; and</DELETED> <DELETED> ``(4) the Committee on Education and Labor of the House of Representatives.</DELETED> <DELETED> ``(g) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the telecommunications interagency working group.''.</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. 3. TELECOMMUNICATIONS WORKFORCE GUIDANCE.</DELETED> <DELETED> Not later than 270 days after the date of enactment of this Act, the Chairman of the Federal Communications Commission, in consultation with the Secretary of Labor, shall establish and issue guidance on how States can address the workforce needs of the telecommunications industry, including guidance on how a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can-- </DELETED> <DELETED> (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; and</DELETED> <DELETED> (2) promote and improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program.</DELETED> <DELETED>SEC. 4. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY.</DELETED> <DELETED> (a) Definitions.--In this section:</DELETED> <DELETED> (1) 5G.--The term ``5G'', with respect to wireless infrastructure and wireless technology, means fifth-generation wireless infrastructure and wireless technology.</DELETED> <DELETED> (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means--</DELETED> <DELETED> (A) the Committee on Commerce, Science, and Transportation of the Senate;</DELETED> <DELETED> (B) the Committee on Health, Education, Labor, and Pensions of the Senate;</DELETED> <DELETED> (C) the Committee on Energy and Commerce of the House of Representatives; and</DELETED> <DELETED> (D) the Committee on Education and Labor of the House of Representatives.</DELETED> <DELETED> (3) Broadband infrastructure.--The term ``broadband infrastructure'' means any buried, underground, or aerial facility, and any wireless or wireline connection, that enables users to send and receive voice, video, data, graphics, or any combination thereof.</DELETED> <DELETED> (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that estimates the number of skilled telecommunications workers that will be required to build and maintain--</DELETED> <DELETED> (1) broadband infrastructure in rural areas; and</DELETED> <DELETED> (2) the 5G wireless infrastructure needed to support 5G wireless technology.</DELETED> SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. SEC. 2. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. ``(a) Definition.--In this section, the term `telecommunications interagency working group' means the interagency working group established under subsection (b)(1). ``(b) Establishment.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce. ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(c) Duties.--In developing recommendations under subsection (b), the telecommunications interagency working group shall-- ``(1) determine whether, and if so how, any Federal laws, regulations, guidance, policies, or practices, or any budgetary constraints, inhibit institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit businesses from establishing, adopting, or expanding programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology; ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs; ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry; ``(4) identify ways to encourage individuals and for-profit businesses to participate in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; ``(5) identify ways to improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program and other industry-recognized apprenticeship programs; ``(6) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other relevant stakeholders to establish or adopt new programs, or expand current programs, to address the workforce needs of the telecommunications industry, including such needs in rural areas; and ``(7) identify ways to improve the safety of telecommunications workers, including tower climbers. ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(3) A representative of the Commission, appointed by the Chairman of the Commission. ``(4) A representative of the Telecommunications Industry Registered Apprenticeship Program, appointed by the Secretary of Labor. ``(5) A representative of a telecommunications industry association, appointed by the Chairman of the Commission. ``(6) A representative of an Indian Tribe or Tribal organization, appointed by the Chairman of the Commission. ``(7) A representative of a rural telecommunications carrier, appointed by the Chairman of the Commission. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(10) A public interest advocate for tower climber safety, appointed by the Chairman of the Commission. ``(11) A representative of the Directorate of Construction of the Occupational Safety and Health Administration, appointed by the Secretary of Labor. ``(12) A representative of a labor organization representing the telecommunications workforce, appointed by the Chairman of the Commission. ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. ``(2) Subgroups.--The chair and vice chair of the telecommunications interagency working group, in consultation with the other members of the telecommunications interagency working group, may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group. ``(3) Support.--The Commission or the Secretary of Labor may detail an employee of the Commission or the Department of Labor, respectively, to assist and support the work of the telecommunications interagency working group, though such a detailee shall not be considered to be a member of the telecommunications interagency working group. ``(g) Report.-- ``(1) In general.--Not later than 1 year after the date on which the telecommunications interagency working group is established, the telecommunications interagency working group shall submit a report containing its recommendations to address the workforce needs of the telecommunications industry to-- ``(A) the Committee on Commerce, Science, and Transportation of the Senate; ``(B) the Committee on Health, Education, Labor, and Pensions of the Senate; ``(C) the Committee on Energy and Commerce of the House of Representatives; ``(D) the Committee on Education and Labor of the House of Representatives; ``(E) the Secretary of Labor; and ``(F) the Commission. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. ``(4) Public posting.--The Commission and the Secretary of Labor shall make a copy of the report submitted under paragraph (1) available to the public on the websites of the Commission and the Department of Labor, respectively. ``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the telecommunications interagency working group.''. (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section submits the report under subsection (g) of that section. SEC. 3. TELECOMMUNICATIONS WORKFORCE GUIDANCE. Not later than 1 year after the date of enactment of this Act, the Secretary of Labor, in consultation with the Chairman of the Federal Communications Commission, shall establish and issue guidance on how States can address the workforce needs and safety of the telecommunications industry, including guidance on how a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; (2) promote and improve recruitment in qualified industry- led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of the telecommunications workforce, including tower climbers. SEC. 4. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. (a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that estimates the number of skilled telecommunications workers that will be required to build and maintain-- (1) broadband infrastructure in rural areas, including estimates based on-- (A) current need; and (B) projected need, if Congress enacts legislation that accelerates broadband infrastructure construction in the United States; and (2) the wireless infrastructure needed to support 5G wireless technology. Calendar No. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

Telecommunications Skilled Workforce Act

A bill to address the workforce needs of the telecommunications industry.

Telecommunications Skilled Workforce Act Telecommunications Skilled Workforce Act

Sen. Thune, John

R

SD

This bill establishes measures to address the workforce needs of the telecommunications industry. Specifically, the bill requires the Federal Communications Commission to establish an interagency working group to develop recommendations for addressing these workforce needs. In addition, the bill requires the Department of Labor to establish and issue guidance on how states can address the workforce needs and safety of the telecommunications industry. In particular, the guidance must address how a state workforce development board can (1) utilize federal resources available to meet telecommunications industry workforce needs; (2) promote and improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of tower climbers and other members of the telecommunications workforce. The Government Accountability Office must submit to Congress a report that estimates the number of skilled telecommunications workers that will be required to build and maintain (1) broadband infrastructure in rural areas, and (2) the 5G wireless infrastructure needed to support 5G wireless technology.

To address the workforce needs of the telecommunications industry. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Telecommunications Skilled Workforce Act''.</DELETED> <DELETED>SEC. 2. 301 et seq.) is amended by adding at the end the following: ``SEC. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. 1001)) or for-profit businesses from establishing, adopting, or expanding programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology; ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs; ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry; ``(4) identify ways to encourage individuals and for-profit businesses to participate in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; ``(5) identify ways to improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program and other industry-recognized apprenticeship programs; ``(6) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other relevant stakeholders to establish or adopt new programs, or expand current programs, to address the workforce needs of the telecommunications industry, including such needs in rural areas; and ``(7) identify ways to improve the safety of telecommunications workers, including tower climbers. ``(3) A representative of the Commission, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. App.) (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section submits the report under subsection (g) of that section. TELECOMMUNICATIONS WORKFORCE GUIDANCE. (a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

To address the workforce needs of the telecommunications industry. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Telecommunications Skilled Workforce Act''.</DELETED> <DELETED>SEC. 2. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. 1001)) or for-profit businesses from establishing, adopting, or expanding programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology; ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs; ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry; ``(4) identify ways to encourage individuals and for-profit businesses to participate in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; ``(5) identify ways to improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program and other industry-recognized apprenticeship programs; ``(6) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. ``(3) A representative of the Commission, appointed by the Chairman of the Commission. 1067k)), appointed by the Secretary of Education. ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation. (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section submits the report under subsection (g) of that section. TELECOMMUNICATIONS WORKFORCE GUIDANCE. (a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives.

To address the workforce needs of the telecommunications industry. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Telecommunications Skilled Workforce Act''.</DELETED> <DELETED>SEC. 2. 301 et seq.) is amended by adding at the end the following: ``SEC. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. ``(b) Establishment.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce. 1001)) or for-profit businesses from establishing, adopting, or expanding programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology; ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs; ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry; ``(4) identify ways to encourage individuals and for-profit businesses to participate in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; ``(5) identify ways to improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program and other industry-recognized apprenticeship programs; ``(6) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other relevant stakeholders to establish or adopt new programs, or expand current programs, to address the workforce needs of the telecommunications industry, including such needs in rural areas; and ``(7) identify ways to improve the safety of telecommunications workers, including tower climbers. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(3) A representative of the Commission, appointed by the Chairman of the Commission. ``(6) A representative of an Indian Tribe or Tribal organization, appointed by the Chairman of the Commission. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. ``(4) Public posting.--The Commission and the Secretary of Labor shall make a copy of the report submitted under paragraph (1) available to the public on the websites of the Commission and the Department of Labor, respectively. App.) (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section submits the report under subsection (g) of that section. TELECOMMUNICATIONS WORKFORCE GUIDANCE. (a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that estimates the number of skilled telecommunications workers that will be required to build and maintain-- (1) broadband infrastructure in rural areas, including estimates based on-- (A) current need; and (B) projected need, if Congress enacts legislation that accelerates broadband infrastructure construction in the United States; and (2) the wireless infrastructure needed to support 5G wireless technology. Calendar No. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

To address the workforce needs of the telecommunications industry. SHORT TITLE.</DELETED> <DELETED> This Act may be cited as the ``Telecommunications Skilled Workforce Act''.</DELETED> <DELETED>SEC. shall not apply to the telecommunications interagency working group. 2. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. ``(b) Establishment.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce. ``(c) Duties.--In developing recommendations under subsection (b), the telecommunications interagency working group shall-- ``(1) determine whether, and if so how, any Federal laws, regulations, guidance, policies, or practices, or any budgetary constraints, inhibit institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit businesses from establishing, adopting, or expanding programs intended to address the workforce needs of the telecommunications industry, including the workforce needed to build and maintain the 5G wireless infrastructure necessary to support 5G wireless technology; ``(2) identify potential policies and programs that could encourage and improve coordination among Federal agencies, between Federal agencies and States, and among States, on telecommunications workforce needs; ``(3) identify ways in which existing Federal programs, including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life, could be leveraged to help address the workforce needs of the telecommunications industry; ``(4) identify ways to encourage individuals and for-profit businesses to participate in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; ``(5) identify ways to improve recruitment in qualified industry-led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program and other industry-recognized apprenticeship programs; ``(6) identify Federal incentives that could be provided to institutions of higher education, for-profit businesses, State workforce development boards established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other relevant stakeholders to establish or adopt new programs, or expand current programs, to address the workforce needs of the telecommunications industry, including such needs in rural areas; and ``(7) identify ways to improve the safety of telecommunications workers, including tower climbers. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(3) A representative of the Commission, appointed by the Chairman of the Commission. ``(6) A representative of an Indian Tribe or Tribal organization, appointed by the Chairman of the Commission. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(10) A public interest advocate for tower climber safety, appointed by the Chairman of the Commission. ``(11) A representative of the Directorate of Construction of the Occupational Safety and Health Administration, appointed by the Secretary of Labor. ``(e) No Compensation.--A member of the telecommunications interagency working group shall serve without compensation. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. ``(4) Public posting.--The Commission and the Secretary of Labor shall make a copy of the report submitted under paragraph (1) available to the public on the websites of the Commission and the Department of Labor, respectively. ``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b)(1) of that section submits the report under subsection (g) of that section. TELECOMMUNICATIONS WORKFORCE GUIDANCE. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. (a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that estimates the number of skilled telecommunications workers that will be required to build and maintain-- (1) broadband infrastructure in rural areas, including estimates based on-- (A) current need; and (B) projected need, if Congress enacts legislation that accelerates broadband infrastructure construction in the United States; and (2) the wireless infrastructure needed to support 5G wireless technology. Calendar No. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) shall not apply to the telecommunications interagency working group. '' .</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. ``(2) Subgroups.--The chair and vice chair of the telecommunications interagency working group, in consultation with the other members of the telecommunications interagency working group, may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. ( a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) shall not apply to the telecommunications interagency working group. '' .</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. ``(b) Establishment.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce. ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(3) Support.--The Commission or the Secretary of Labor may detail an employee of the Commission or the Department of Labor, respectively, to assist and support the work of the telecommunications interagency working group, though such a detailee shall not be considered to be a member of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; (2) promote and improve recruitment in qualified industry- led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of the telecommunications workforce, including tower climbers. a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. (

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) shall not apply to the telecommunications interagency working group. '' .</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. ``(b) Establishment.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce. ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(3) Support.--The Commission or the Secretary of Labor may detail an employee of the Commission or the Department of Labor, respectively, to assist and support the work of the telecommunications interagency working group, though such a detailee shall not be considered to be a member of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; (2) promote and improve recruitment in qualified industry- led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of the telecommunications workforce, including tower climbers. a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. (

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) shall not apply to the telecommunications interagency working group. '' .</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. ``(2) Subgroups.--The chair and vice chair of the telecommunications interagency working group, in consultation with the other members of the telecommunications interagency working group, may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. ( a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) shall not apply to the telecommunications interagency working group. '' .</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. ``(b) Establishment.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Chairman of the Commission, in consultation with the Secretary of Labor, shall establish within the Commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry, including the safety of that workforce. ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(3) Support.--The Commission or the Secretary of Labor may detail an employee of the Commission or the Department of Labor, respectively, to assist and support the work of the telecommunications interagency working group, though such a detailee shall not be considered to be a member of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; (2) promote and improve recruitment in qualified industry- led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of the telecommunications workforce, including tower climbers. a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. (

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) shall not apply to the telecommunications interagency working group. '' .</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. ``(2) Subgroups.--The chair and vice chair of the telecommunications interagency working group, in consultation with the other members of the telecommunications interagency working group, may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. ( a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

To address the workforce needs of the telecommunications industry. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; (2) promote and improve recruitment in qualified industry- led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of the telecommunications workforce, including tower climbers.

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) shall not apply to the telecommunications interagency working group. '' .</DELETED> <DELETED> (b) Sunset.--Section 344 of the Communications Act of 1934, as added by subsection (a), shall be repealed on the day after the date on which the interagency working group established under subsection (b) of that section submits the report to Congress under subsection (f) of that section.</DELETED> <DELETED>SEC. This Act may be cited as the ``Telecommunications Skilled Workforce Act''. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP. (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). ``(d) Members.--The telecommunications interagency working group shall be composed of the following representatives of Federal agencies and relevant non-Federal industry stakeholder organizations: ``(1) A representative of the Department of Education, appointed by the Secretary of Education. ``(8) A representative of a telecommunications contractor firm, appointed by the Chairman of the Commission. ``(9) A representative of a minority institution (as defined in section 365 of the Higher Education Act of 1965 (20 U.S.C. 1067k)), appointed by the Secretary of Education. ``(f) Other Matters.-- ``(1) Chair and vice chair.--The telecommunications interagency working group shall name a chair and a vice chair, who shall be responsible for organizing the business of the telecommunications interagency working group. ``(2) Subgroups.--The chair and vice chair of the telecommunications interagency working group, in consultation with the other members of the telecommunications interagency working group, may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS INDUSTRY. ( a) Definitions.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Energy and Commerce of the House of Representatives; and (4) the Committee on Education and Labor of the House of Representatives. 194 117th CONGRESS 1st Session S. 163 _______________________________________________________________________

To address the workforce needs of the telecommunications industry. ``(2) A representative of the National Telecommunications and Information Administration, appointed by the Assistant Secretary of Commerce for Communications and Information. ``(2) Majority support.--The telecommunications interagency working group may not submit the report under paragraph (1) unless the report has the support of not less than the majority of the members of the telecommunications interagency working group. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed. 3111) can-- (1) utilize Federal resources available to States to meet the workforce needs of the telecommunications industry; (2) promote and improve recruitment in qualified industry- led workforce development programs, including the Telecommunications Industry Registered Apprenticeship Program; and (3) ensure the safety of the telecommunications workforce, including tower climbers.

To address the workforce needs of the telecommunications industry. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.</DELETED> <DELETED> (a) In General.--Part I of title III of the Communications Act of 1934 (47 U.S.C. 301 et seq.) ``(2) Date of establishment.--The telecommunications interagency working group shall be considered established on the date on which a majority of the members of the telecommunications interagency working group have been appointed, consistent with subsection (d). 1067k)), appointed by the Secretary of Education. ``(3) Views.--The telecommunications interagency working group shall-- ``(A) include with the report submitted under paragraph (1) any concurring or dissenting view offered by a member of the telecommunications interagency working group; and ``(B) identify each member to whom each concurring or dissenting view described in subparagraph (A) should be attributed.

S.3897

Government Operations and Politics

Legacy IT Reduction Act of 2022 This bill addresses the problem of legacy information technology (IT) used by the federal government. Specifically, each federal agency must The Office of Management and Budget (OMB) must issue guidance on this bill's implementation, including criteria to determine whether IT qualifies as a legacy IT system. Each agency must transfer to schools or nonprofit organizations any educationally useful federal equipment that the agency no longer uses. The Government Accountability Office must report to Congress on this bill's implementation and how this bill functions alongside other IT modernization offices, policies, and programs.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Legacy IT Reduction Act of 2022''. SEC. 2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) Agency.--The term ``agency'' means an agency described in paragraph (1) or (2) of section 901(b) of title 31, United States Code. (3) Chief information officer.--The term ``Chief Information Officer'' means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. (4) Comptroller general.--The term ``Comptroller General'' means the Comptroller General of the United States. (5) Congressional oversight committee.--The term ``congressional oversight committee'' means, with respect to a particular agency, a committee or subcommittee of the Senate and the House of Representatives that provide provides oversight of the agency. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. (7) Information technology.--The term ``information technology'' has the meaning given the term in section 11101 of title 40, United States Code. (8) IT working capital fund; legacy information technology system.--The terms ``IT working capital fund'' and ``legacy information technology system'' have the meaning given the terms in section 1076 of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law (115- 91)). (9) National security system.--The term ``national security system'' has the meaning given the term in section 11103 of title 40, United States Code. (10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). SEC. 3. LEGACY INFORMATION TECHNOLOGY SYSTEM INVENTORY. (a) Inventory of Legacy Information Technology Systems.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and not later than 5 years thereafter, the Chief Information Officer of each agency shall compile an inventory that lists each legacy information technology system used, operated, or maintained by the agency. (2) Contents.--The Director shall issue guidance prescribing the information that the Chief Information Officer of each agency shall include for each legacy technology information system listed in the inventory required under paragraph (1). In issuing such guidance, the Director shall consider including for each legacy technology information system listed in the inventory-- (A) the name or an identification of the legacy information technology system; (B) the office or mission of the agency that the legacy information technology system supports and how the office or mission uses the legacy information technology system; (C) to the extent that information is available-- (i) the date of the last update or refresh of the legacy information technology system; (ii) the annual price, including recurring subscription costs and any costs to contract labor to operate or maintain the legacy information technology system; and (iii) the name and contact information of the vendor; and (D) the date of the next expected update or modernization, retirement, or disposal of the legacy information technology system. (b) Transparency and Accountability.-- (1) In general.--Upon request by a House of Congress, a congressional oversight committee of an agency, the Comptroller General of the United States, or an inspector general of an agency, the head of the agency shall make available the inventory compiled under subsection (a)(1) or the relevant portion of that inventory. (2) Reporting.--The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. SEC. 4. AGENCY LEGACY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION PLANS. (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (b) Contents.--A modernization plan of an agency developed under subsection (a) shall include-- (1) an inventory of the legacy information technology systems of the agency; (2) an identification of legacy information technology systems that the agency has prioritized for updates, modernization, retirement, or disposal; (3) steps the agency intends to make toward updating, modernizing, retiring, or disposing of the legacy information technology systems of the agency prioritized under paragraph (2) during the 5-year period beginning on the date of submission of the plan; and (4) any additional information that the Director determines necessary or useful for the agency to consider or include to effectively and efficiently execute the modernization plan, which may include-- (A) the capacity of the agency to operate and maintain an updated or modernized legacy information technology system; <DELETED> (B) the cost and sources of funding required to execute the modernization plan;</DELETED> <DELETED> (C) any security standards that an updated or modernized legacy information technology system must meet;</DELETED> <DELETED> (D) any technology procurement principles by which the agency should abide;</DELETED> <DELETED> (E) the degree to which updating or modernizing a legacy information technology system is anticipated to gain operational efficiencies, address technology constraints, meet customer experience expectation, and support adoption of and integration with other systems based on comparable up-to-date technology platforms;</DELETED> <DELETED> (F) the ability of the agency to transfer and use data or intelligence held in an agency legacy information technology system to include such data or intelligence in the updated or modernized system, as necessary; and</DELETED> <DELETED> (G) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary.</DELETED> (B) the estimated cost and sources of funding required to execute the modernization plan; and (C) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary. (c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. SEC. 5. ROLE OF THE OFFICE OF MANAGEMENT AND BUDGET. Not later than 180 days after the date of enactment of this Act, the Director, in coordination with the Administrator of the Office of Electronic Government, shall issue guidance on the implementation of this Act and the amendments made by this Act, which shall include-- (1) criteria to determine whether information technology qualifies as a ``legacy information technology system'' for the purposes of compiling the inventory required under section 3(a)(1); (2) instructions and templates to inform the compilation of the inventory required under section 3(a)(1), as necessary; (3) instructions and templates to inform the compilation and publication of, and any subsequent updates to, the modernization plans required under section 4(a), as necessary; and (4) any other guidance determined necessary for the implementation of this Act or the amendments made by this Act, including how the implementation of this Act or those amendments complements laws, regulations, and guidance relating to information technology modernization. SEC. 6. COMPUTERS FOR LEARNING PROGRAM. (a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710), as added by subsection (b) of this section, any educationally useful Federal equipment (as defined in such subsection) that the agency no longer uses. (b) Computers for Learning Program.--Section 11 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(C) Educationally useful federal equipment.--The term `educationally useful Federal equipment' means-- ``(i) a computer or related peripheral tool that is appropriate for use in prekindergarten, elementary, middle, or secondary school education; and ``(ii) includes-- ``(I) a printer, modem, router, server, switch, wireless access point, and network management device; ``(II) telecommunications and research equipment; and ``(III) computer software if the transfer of the license of the software is permitted. ``(D) Eligible entity.--The term `eligible entity' means-- ``(i) a school; or ``(ii) a community-based educational organization. ``(E) Federal executive board.--The term `Federal Executive Board' means a Federal Executive Board established by the President under section 960.102 of title 5, Code of Federal Regulations or any successor regulation. ``(F) Nonprofit entity.--The term `nonprofit entity' means an organization described under section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. ``(G) Nonprofit reuse or recycling program.--The term `nonprofit reuse or recycling program' a means nonprofit entity that has the ability to upgrade computer equipment at no or low cost for an eligible entity that takes title to the equipment under this subsection. ``(H) Research equipment.--The term `research equipment' means property determined to be essential to conduct scientific or technical research. ``(I) School.--The term `school'-- ``(i) means an individual public or private educational institution for any grade level between prekindergarten and twelfth grade; and ``(ii) includes public school districts. ``(2) Findings.--Congress finds that-- ``(A) educationally useful Federal equipment is a vital resource of the United States; and ``(B) educationally useful Federal equipment is a valuable tool for computer education if-- ``(i) the equipment can be used as is; or ``(ii) professional technicians, students, or recycling efforts can separate the equipment into parts for other computers or upgrade the equipment. ``(3) Requirement.--To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. ``(4) Efficient transfer of educationally useful federal equipment to schools and nonprofit organizations.-- ``(A) Transfer.--Each Federal agency shall, where appropriate, identify educationally useful Federal equipment that the Federal agency no longer needs and transfer the educationally useful equipment to eligible entities by-- ``(i) conveying excess educationally useful Federal equipment directly to an eligible entity pursuant to subsection (i); or ``(ii) in accordance with subparagraph (B), reporting excess educationally useful Federal equipment to the Administrator for donation to eligible entities when declared surplus, as described in section 549(b)(2)(A)(ii) of title 40, United States Code. ``(B) Advance reporting.--In reporting excess educationally useful Federal equipment under subparagraph (A)(ii), a Federal agency shall report the equipment as far as possible in advance of the date the equipment becomes excess, so that the Administrator may attempt to arrange direct transfers from the donating Federal agency to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ``(D) Transfer by nonprofit reuse or recycling program.--A nonprofit reuse or recycling program to which educationally useful Federal equipment is conveyed for the purpose of upgrading for an eligible entity under subparagraph (C)(iii) shall transfer the equipment to the eligible entity upon the completion of the upgrade. ``(E) Responsibility for cost.--Any costs relating to a transfer of educationally useful Federal equipment under this subsection shall be the responsibility of the eligible entity that receives the transfer. ``(F) Outreach.--The Administrator, in coordination with the Secretary of Education, shall perform outreach to eligible entities about the availability of transfers under this subsection by all practicable means, including through television or print media, community announcements, and the internet. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. ``(5) Guidance, regulations, and assistance to chief information officers.--The Administrator-- ``(A) may issue guidance or regulations to facilitate the implementation of this subsection; and ``(B) shall provide assistance to the chief information officers of Federal agencies to enhance the participation of Federal agencies in transfers under this subsection. ``(6) Rule of construction.--Nothing in this subsection shall be construed to prohibit a recipient of educationally useful Federal equipment from lending that equipment, whether on a permanent or temporary basis, to a teacher, administrator, student, employee, or other designated individual in furtherance of educational goals. ``(7) Judicial review.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agencies, its officers, or its employees.''. SEC. 7. COMPTROLLER GENERAL REVIEW. (a) In General.--Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on-- (1) the implementation of this Act and the amendments made by this Act; and (2) how this Act and the amendments made by this Act function alongside other information technology modernization offices, policies, and programs, such as-- (A) the Technology Modernization Fund and the IT working capital fund; (B) the Federal Risk and Authorization Management Program, the 18F program, and the 10X program of the General Services Administration; (C) programs and policies of the Office of Management and Budget, including the Office of Electronic Government and the United States Digital Service; and (D) any other office, policy, or program of the Federal Government determined relevant by the Comptroller General. SEC. 8. PROTECTION OF SENSITIVE INFORMATION; EXEMPTION OF NATIONAL SECURITY SYSTEMS. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. (b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system. Calendar No. 653 117th CONGRESS 2d Session S. 3897 [Report No. 117-262] _______________________________________________________________________

Legacy IT Reduction Act of 2022

A bill to require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes.

Legacy IT Reduction Act of 2022 Legacy IT Reduction Act of 2022

Sen. Hassan, Margaret Wood

D

NH

This bill addresses the problem of legacy information technology (IT) used by the federal government. Specifically, each federal agency must The Office of Management and Budget (OMB) must issue guidance on this bill's implementation, including criteria to determine whether IT qualifies as a legacy IT system. Each agency must transfer to schools or nonprofit organizations any educationally useful federal equipment that the agency no longer uses. The Government Accountability Office must report to Congress on this bill's implementation and how this bill functions alongside other IT modernization offices, policies, and programs.

2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (3) Chief information officer.--The term ``Chief Information Officer'' means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. (5) Congressional oversight committee.--The term ``congressional oversight committee'' means, with respect to a particular agency, a committee or subcommittee of the Senate and the House of Representatives that provide provides oversight of the agency. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 11301 note; Public Law (115- 91)). (9) National security system.--The term ``national security system'' has the meaning given the term in section 11103 of title 40, United States Code. 3. LEGACY INFORMATION TECHNOLOGY SYSTEM INVENTORY. 4. AGENCY LEGACY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION PLANS. 5. Not later than 180 days after the date of enactment of this Act, the Director, in coordination with the Administrator of the Office of Electronic Government, shall issue guidance on the implementation of this Act and the amendments made by this Act, which shall include-- (1) criteria to determine whether information technology qualifies as a ``legacy information technology system'' for the purposes of compiling the inventory required under section 3(a)(1); (2) instructions and templates to inform the compilation of the inventory required under section 3(a)(1), as necessary; (3) instructions and templates to inform the compilation and publication of, and any subsequent updates to, the modernization plans required under section 4(a), as necessary; and (4) any other guidance determined necessary for the implementation of this Act or the amendments made by this Act, including how the implementation of this Act or those amendments complements laws, regulations, and guidance relating to information technology modernization. COMPUTERS FOR LEARNING PROGRAM. (a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. 7. COMPTROLLER GENERAL REVIEW. SEC. 8. 653 117th CONGRESS 2d Session S. 3897 [Report No.

2. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (3) Chief information officer.--The term ``Chief Information Officer'' means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. (5) Congressional oversight committee.--The term ``congressional oversight committee'' means, with respect to a particular agency, a committee or subcommittee of the Senate and the House of Representatives that provide provides oversight of the agency. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 11301 note; Public Law (115- 91)). (9) National security system.--The term ``national security system'' has the meaning given the term in section 11103 of title 40, United States Code. 3. LEGACY INFORMATION TECHNOLOGY SYSTEM INVENTORY. 4. AGENCY LEGACY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION PLANS. 5. COMPUTERS FOR LEARNING PROGRAM. (a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. 7. COMPTROLLER GENERAL REVIEW. SEC.

2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (3) Chief information officer.--The term ``Chief Information Officer'' means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. (5) Congressional oversight committee.--The term ``congressional oversight committee'' means, with respect to a particular agency, a committee or subcommittee of the Senate and the House of Representatives that provide provides oversight of the agency. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 11301 note; Public Law (115- 91)). (9) National security system.--The term ``national security system'' has the meaning given the term in section 11103 of title 40, United States Code. 3. LEGACY INFORMATION TECHNOLOGY SYSTEM INVENTORY. 4. AGENCY LEGACY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION PLANS. (b) Contents.--A modernization plan of an agency developed under subsection (a) shall include-- (1) an inventory of the legacy information technology systems of the agency; (2) an identification of legacy information technology systems that the agency has prioritized for updates, modernization, retirement, or disposal; (3) steps the agency intends to make toward updating, modernizing, retiring, or disposing of the legacy information technology systems of the agency prioritized under paragraph (2) during the 5-year period beginning on the date of submission of the plan; and (4) any additional information that the Director determines necessary or useful for the agency to consider or include to effectively and efficiently execute the modernization plan, which may include-- (A) the capacity of the agency to operate and maintain an updated or modernized legacy information technology system; <DELETED> (B) the cost and sources of funding required to execute the modernization plan;</DELETED> <DELETED> (C) any security standards that an updated or modernized legacy information technology system must meet;</DELETED> <DELETED> (D) any technology procurement principles by which the agency should abide;</DELETED> <DELETED> (E) the degree to which updating or modernizing a legacy information technology system is anticipated to gain operational efficiencies, address technology constraints, meet customer experience expectation, and support adoption of and integration with other systems based on comparable up-to-date technology platforms;</DELETED> <DELETED> (F) the ability of the agency to transfer and use data or intelligence held in an agency legacy information technology system to include such data or intelligence in the updated or modernized system, as necessary; and</DELETED> <DELETED> (G) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary.</DELETED> (B) the estimated cost and sources of funding required to execute the modernization plan; and (C) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary. 5. Not later than 180 days after the date of enactment of this Act, the Director, in coordination with the Administrator of the Office of Electronic Government, shall issue guidance on the implementation of this Act and the amendments made by this Act, which shall include-- (1) criteria to determine whether information technology qualifies as a ``legacy information technology system'' for the purposes of compiling the inventory required under section 3(a)(1); (2) instructions and templates to inform the compilation of the inventory required under section 3(a)(1), as necessary; (3) instructions and templates to inform the compilation and publication of, and any subsequent updates to, the modernization plans required under section 4(a), as necessary; and (4) any other guidance determined necessary for the implementation of this Act or the amendments made by this Act, including how the implementation of this Act or those amendments complements laws, regulations, and guidance relating to information technology modernization. COMPUTERS FOR LEARNING PROGRAM. (a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. 7. COMPTROLLER GENERAL REVIEW. SEC. 8. 653 117th CONGRESS 2d Session S. 3897 [Report No.

2. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (3) Chief information officer.--The term ``Chief Information Officer'' means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. (5) Congressional oversight committee.--The term ``congressional oversight committee'' means, with respect to a particular agency, a committee or subcommittee of the Senate and the House of Representatives that provide provides oversight of the agency. (6) Director.--The term ``Director'' means the Director of the Office of Management and Budget. 11301 note; Public Law (115- 91)). (9) National security system.--The term ``national security system'' has the meaning given the term in section 11103 of title 40, United States Code. (10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 3. LEGACY INFORMATION TECHNOLOGY SYSTEM INVENTORY. (2) Reporting.--The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. 4. AGENCY LEGACY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION PLANS. (b) Contents.--A modernization plan of an agency developed under subsection (a) shall include-- (1) an inventory of the legacy information technology systems of the agency; (2) an identification of legacy information technology systems that the agency has prioritized for updates, modernization, retirement, or disposal; (3) steps the agency intends to make toward updating, modernizing, retiring, or disposing of the legacy information technology systems of the agency prioritized under paragraph (2) during the 5-year period beginning on the date of submission of the plan; and (4) any additional information that the Director determines necessary or useful for the agency to consider or include to effectively and efficiently execute the modernization plan, which may include-- (A) the capacity of the agency to operate and maintain an updated or modernized legacy information technology system; <DELETED> (B) the cost and sources of funding required to execute the modernization plan;</DELETED> <DELETED> (C) any security standards that an updated or modernized legacy information technology system must meet;</DELETED> <DELETED> (D) any technology procurement principles by which the agency should abide;</DELETED> <DELETED> (E) the degree to which updating or modernizing a legacy information technology system is anticipated to gain operational efficiencies, address technology constraints, meet customer experience expectation, and support adoption of and integration with other systems based on comparable up-to-date technology platforms;</DELETED> <DELETED> (F) the ability of the agency to transfer and use data or intelligence held in an agency legacy information technology system to include such data or intelligence in the updated or modernized system, as necessary; and</DELETED> <DELETED> (G) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary.</DELETED> (B) the estimated cost and sources of funding required to execute the modernization plan; and (C) the ability of the agency to adapt an updated or modernized legacy information technology system to changes in policy, technology, or other user needs, as necessary. 5. Not later than 180 days after the date of enactment of this Act, the Director, in coordination with the Administrator of the Office of Electronic Government, shall issue guidance on the implementation of this Act and the amendments made by this Act, which shall include-- (1) criteria to determine whether information technology qualifies as a ``legacy information technology system'' for the purposes of compiling the inventory required under section 3(a)(1); (2) instructions and templates to inform the compilation of the inventory required under section 3(a)(1), as necessary; (3) instructions and templates to inform the compilation and publication of, and any subsequent updates to, the modernization plans required under section 4(a), as necessary; and (4) any other guidance determined necessary for the implementation of this Act or the amendments made by this Act, including how the implementation of this Act or those amendments complements laws, regulations, and guidance relating to information technology modernization. COMPUTERS FOR LEARNING PROGRAM. (a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(H) Research equipment.--The term `research equipment' means property determined to be essential to conduct scientific or technical research. ``(I) School.--The term `school'-- ``(i) means an individual public or private educational institution for any grade level between prekindergarten and twelfth grade; and ``(ii) includes public school districts. ``(3) Requirement.--To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. ``(D) Transfer by nonprofit reuse or recycling program.--A nonprofit reuse or recycling program to which educationally useful Federal equipment is conveyed for the purpose of upgrading for an eligible entity under subparagraph (C)(iii) shall transfer the equipment to the eligible entity upon the completion of the upgrade. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. ``(6) Rule of construction.--Nothing in this subsection shall be construed to prohibit a recipient of educationally useful Federal equipment from lending that equipment, whether on a permanent or temporary basis, to a teacher, administrator, student, employee, or other designated individual in furtherance of educational goals. 7. COMPTROLLER GENERAL REVIEW. SEC. 8. PROTECTION OF SENSITIVE INFORMATION; EXEMPTION OF NATIONAL SECURITY SYSTEMS. Calendar No. 653 117th CONGRESS 2d Session S. 3897 [Report No. 117-262] _______________________________________________________________________

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. 3) Chief information officer.--The term ``Chief Information Officer'' means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. ( (8) IT working capital fund; legacy information technology system.--The terms ``IT working capital fund'' and ``legacy information technology system'' have the meaning given the terms in section 1076 of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law (115- 91)). ( 10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). b) Transparency and Accountability.-- (1) In general.--Upon request by a House of Congress, a congressional oversight committee of an agency, the Comptroller General of the United States, or an inspector general of an agency, the head of the agency shall make available the inventory compiled under subsection (a)(1) or the relevant portion of that inventory. ( 2) Reporting.--The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. ROLE OF THE OFFICE OF MANAGEMENT AND BUDGET. COMPUTERS FOR LEARNING PROGRAM. ( a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710), as added by subsection (b) of this section, any educationally useful Federal equipment (as defined in such subsection) that the agency no longer uses. ( 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(G) Nonprofit reuse or recycling program.--The term `nonprofit reuse or recycling program' a means nonprofit entity that has the ability to upgrade computer equipment at no or low cost for an eligible entity that takes title to the equipment under this subsection. ``(3) Requirement.--To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. ``(B) Advance reporting.--In reporting excess educationally useful Federal equipment under subparagraph (A)(ii), a Federal agency shall report the equipment as far as possible in advance of the date the equipment becomes excess, so that the Administrator may attempt to arrange direct transfers from the donating Federal agency to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ``(D) Transfer by nonprofit reuse or recycling program.--A nonprofit reuse or recycling program to which educationally useful Federal equipment is conveyed for the purpose of upgrading for an eligible entity under subparagraph (C)(iii) shall transfer the equipment to the eligible entity upon the completion of the upgrade. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. ``(7) Judicial review.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agencies, its officers, or its employees.''. PROTECTION OF SENSITIVE INFORMATION; EXEMPTION OF NATIONAL SECURITY SYSTEMS. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( 10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). (a) Inventory of Legacy Information Technology Systems.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and not later than 5 years thereafter, the Chief Information Officer of each agency shall compile an inventory that lists each legacy information technology system used, operated, or maintained by the agency. ( 2) Reporting.--The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. b) Computers for Learning Program.--Section 11 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(C) Educationally useful federal equipment.--The term `educationally useful Federal equipment' means-- ``(i) a computer or related peripheral tool that is appropriate for use in prekindergarten, elementary, middle, or secondary school education; and ``(ii) includes-- ``(I) a printer, modem, router, server, switch, wireless access point, and network management device; ``(II) telecommunications and research equipment; and ``(III) computer software if the transfer of the license of the software is permitted. ``(3) Requirement.--To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ``(F) Outreach.--The Administrator, in coordination with the Secretary of Education, shall perform outreach to eligible entities about the availability of transfers under this subsection by all practicable means, including through television or print media, community announcements, and the internet. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( 10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). (a) Inventory of Legacy Information Technology Systems.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and not later than 5 years thereafter, the Chief Information Officer of each agency shall compile an inventory that lists each legacy information technology system used, operated, or maintained by the agency. ( 2) Reporting.--The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. b) Computers for Learning Program.--Section 11 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(C) Educationally useful federal equipment.--The term `educationally useful Federal equipment' means-- ``(i) a computer or related peripheral tool that is appropriate for use in prekindergarten, elementary, middle, or secondary school education; and ``(ii) includes-- ``(I) a printer, modem, router, server, switch, wireless access point, and network management device; ``(II) telecommunications and research equipment; and ``(III) computer software if the transfer of the license of the software is permitted. ``(3) Requirement.--To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ``(F) Outreach.--The Administrator, in coordination with the Secretary of Education, shall perform outreach to eligible entities about the availability of transfers under this subsection by all practicable means, including through television or print media, community announcements, and the internet. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. 3) Chief information officer.--The term ``Chief Information Officer'' means a Chief Information Officer designated under section 3506(a)(2) of title 44, United States Code. ( (8) IT working capital fund; legacy information technology system.--The terms ``IT working capital fund'' and ``legacy information technology system'' have the meaning given the terms in section 1076 of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law (115- 91)). ( 10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). b) Transparency and Accountability.-- (1) In general.--Upon request by a House of Congress, a congressional oversight committee of an agency, the Comptroller General of the United States, or an inspector general of an agency, the head of the agency shall make available the inventory compiled under subsection (a)(1) or the relevant portion of that inventory. ( 2) Reporting.--The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. ROLE OF THE OFFICE OF MANAGEMENT AND BUDGET. COMPUTERS FOR LEARNING PROGRAM. ( a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710), as added by subsection (b) of this section, any educationally useful Federal equipment (as defined in such subsection) that the agency no longer uses. ( 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(G) Nonprofit reuse or recycling program.--The term `nonprofit reuse or recycling program' a means nonprofit entity that has the ability to upgrade computer equipment at no or low cost for an eligible entity that takes title to the equipment under this subsection. ``(3) Requirement.--To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. ``(B) Advance reporting.--In reporting excess educationally useful Federal equipment under subparagraph (A)(ii), a Federal agency shall report the equipment as far as possible in advance of the date the equipment becomes excess, so that the Administrator may attempt to arrange direct transfers from the donating Federal agency to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ``(D) Transfer by nonprofit reuse or recycling program.--A nonprofit reuse or recycling program to which educationally useful Federal equipment is conveyed for the purpose of upgrading for an eligible entity under subparagraph (C)(iii) shall transfer the equipment to the eligible entity upon the completion of the upgrade. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. ``(7) Judicial review.--Nothing in this subsection shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agencies, its officers, or its employees.''. PROTECTION OF SENSITIVE INFORMATION; EXEMPTION OF NATIONAL SECURITY SYSTEMS. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. ( 10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). (a) Inventory of Legacy Information Technology Systems.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and not later than 5 years thereafter, the Chief Information Officer of each agency shall compile an inventory that lists each legacy information technology system used, operated, or maintained by the agency. ( 2) Reporting.--The Director may require an agency to include the inventory compiled under subsection (a)(1) in a reporting structure determined by the Director. (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. (c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. b) Computers for Learning Program.--Section 11 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(C) Educationally useful federal equipment.--The term `educationally useful Federal equipment' means-- ``(i) a computer or related peripheral tool that is appropriate for use in prekindergarten, elementary, middle, or secondary school education; and ``(ii) includes-- ``(I) a printer, modem, router, server, switch, wireless access point, and network management device; ``(II) telecommunications and research equipment; and ``(III) computer software if the transfer of the license of the software is permitted. ``(3) Requirement.--To the greatest extent practicable, each Federal agency shall protect and safeguard educationally useful Federal equipment of the Federal agency, particularly when that equipment is declared excess or surplus, so that the equipment may be recycled and transferred, if appropriate, to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ``(F) Outreach.--The Administrator, in coordination with the Secretary of Education, shall perform outreach to eligible entities about the availability of transfers under this subsection by all practicable means, including through television or print media, community announcements, and the internet. ``(G) Federal executive boards.--Each Federal Executive Board shall help facilitate the transfer of educationally useful Federal equipment from Federal agencies under this subsection to eligible entities. (a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. 10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. ( a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710), as added by subsection (b) of this section, any educationally useful Federal equipment (as defined in such subsection) that the agency no longer uses. ( 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Advance reporting.--In reporting excess educationally useful Federal equipment under subparagraph (A)(ii), a Federal agency shall report the equipment as far as possible in advance of the date the equipment becomes excess, so that the Administrator may attempt to arrange direct transfers from the donating Federal agency to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. 10) Technology modernization fund.--The term ``Technology Modernization Fund'' means the fund established under section 1078(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (40 U.S.C. 11301 note; Public Law 115-91). (a) In General.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of an agency shall develop and include as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, a plan to modernize the legacy information technology systems of the agency. ( a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710), as added by subsection (b) of this section, any educationally useful Federal equipment (as defined in such subsection) that the agency no longer uses. ( 3710) is amended by adding at the end the following: ``(j) Computers for Learning Program.-- ``(1) Definitions.--In this subsection: ``(A) Administrator.--The term `Administrator' means the Administrator of General Services. ``(B) Advance reporting.--In reporting excess educationally useful Federal equipment under subparagraph (A)(ii), a Federal agency shall report the equipment as far as possible in advance of the date the equipment becomes excess, so that the Administrator may attempt to arrange direct transfers from the donating Federal agency to eligible entities under this subsection. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. c) Publication and Submission to Congress.--Not later than 30 days after the date on which the head of an agency submits the modernization plan developed under subsection (a) as part of the information resource management strategic plan of the agency submitted under section 3506(b)(2) of title 44, United States Code, the head of the agency shall submit the modernization plan to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and each congressional oversight committee of the agency. ``(B) Community-based educational organization.-- The term `community-based educational organization' means a nonprofit entity-- ``(i) that is engaged in collaborative projects with schools; or ``(ii) the primary focus of which is education. ``(C) Requirements.--In conveying educationally useful Federal equipment under subparagraph (A)(i)-- ``(i) title of the equipment shall transfer directly from the Federal agency to an eligible entity; ``(ii) the Federal agency shall report the conveyance to the Administrator; and ``(iii) at the direction of the recipient of the equipment, and if appropriate, the equipment may be initially conveyed to a nonprofit reuse or recycling program for upgrade. ( b) Exemption.--Nothing in this Act or the amendments made by this Act shall be construed to authorize or require the head of an agency to inventory, develop a report relating to, or transfer, a national security system.

To require the reduction of the reliance and expenditures of the Federal Government on legacy information technology systems, and for other purposes. a) In General.--The head of each agency may make available for transfer under subsection (j) of section 11 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710), as added by subsection (b) of this section, any educationally useful Federal equipment (as defined in such subsection) that the agency no longer uses. ( ``(B) Advance reporting.--In reporting excess educationally useful Federal equipment under subparagraph (A)(ii), a Federal agency shall report the equipment as far as possible in advance of the date the equipment becomes excess, so that the Administrator may attempt to arrange direct transfers from the donating Federal agency to eligible entities under this subsection. a) In General.--Nothing in this Act or the amendments made by this Act shall be construed to require the head of an agency to disclose sensitive information that-- (1) is protected from disclosure under any other law; or (2) that would compromise the security of any information technology system of the Federal Government. (

S.4340

Health

Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act or the EFFECTIVE Act This bill specifies that the Food and Drug Administration may deny an application for a new opioid analgesic drug upon a determination that the drug does not provide a significant advantage or clinical superiority compared to other drugs.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act'' or the ``EFFECTIVE Act''. SEC. 2. REQUIREMENT FOR APPROVAL OF NEW OPIOID ANALGESICS. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''. <all>

EFFECTIVE Act

A bill to allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs.

EFFECTIVE Act Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act

Sen. Manchin, Joe, III

D

WV

This bill specifies that the Food and Drug Administration may deny an application for a new opioid analgesic drug upon a determination that the drug does not provide a significant advantage or clinical superiority compared to other drugs.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act'' or the ``EFFECTIVE Act''. SEC. 2. REQUIREMENT FOR APPROVAL OF NEW OPIOID ANALGESICS. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''. <all>

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act'' or the ``EFFECTIVE Act''. SEC. 2. REQUIREMENT FOR APPROVAL OF NEW OPIOID ANALGESICS. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''. <all>

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act'' or the ``EFFECTIVE Act''. SEC. 2. REQUIREMENT FOR APPROVAL OF NEW OPIOID ANALGESICS. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''. <all>

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act'' or the ``EFFECTIVE Act''. SEC. 2. REQUIREMENT FOR APPROVAL OF NEW OPIOID ANALGESICS. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''. <all>

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs. Section 505(c) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage or clinical superiority, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary.''.

H.R.7024

Crime and Law Enforcement

Every Town A Border Town Act This bill requires the Department of State to designate Mara Salvatrucha (MS-13) and any successor organization as a foreign terrorist organization. Among other things, the designation allows the Department of the Treasury to require financial institutions to block transactions involving the organization. Additionally, an alien who is a member, officer, official, representative, or spokesman of MS-13 is considered to have engaged in terrorist activity and is inadmissible for entry into the United States.

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Town A Border Town Act''. SEC. 2. DESIGNATION OF MS-13 AS A FOREIGN TERRORIST ORGANIZATION. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. MEMBERS OF MS-13 CONSIDERED TO HAVE ENGAGED IN TERRORIST ACTIVITY. Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended by adding at the end the following: ``An alien who is a member, officer, official, representative, or spokesman of Mara Salvatrucha (MS-13) is considered, for the purposes of this Act, to have engaged in terrorist activity.''. <all>

Every Town A Border Town Act

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes.

Every Town A Border Town Act

Rep. Good, Bob

R

VA

This bill requires the Department of State to designate Mara Salvatrucha (MS-13) and any successor organization as a foreign terrorist organization. Among other things, the designation allows the Department of the Treasury to require financial institutions to block transactions involving the organization. Additionally, an alien who is a member, officer, official, representative, or spokesman of MS-13 is considered to have engaged in terrorist activity and is inadmissible for entry into the United States.

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Town A Border Town Act''. SEC. 2. DESIGNATION OF MS-13 AS A FOREIGN TERRORIST ORGANIZATION. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. MEMBERS OF MS-13 CONSIDERED TO HAVE ENGAGED IN TERRORIST ACTIVITY. Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended by adding at the end the following: ``An alien who is a member, officer, official, representative, or spokesman of Mara Salvatrucha (MS-13) is considered, for the purposes of this Act, to have engaged in terrorist activity.''. <all>

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Town A Border Town Act''. SEC. 2. DESIGNATION OF MS-13 AS A FOREIGN TERRORIST ORGANIZATION. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. MEMBERS OF MS-13 CONSIDERED TO HAVE ENGAGED IN TERRORIST ACTIVITY. Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended by adding at the end the following: ``An alien who is a member, officer, official, representative, or spokesman of Mara Salvatrucha (MS-13) is considered, for the purposes of this Act, to have engaged in terrorist activity.''. <all>

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Town A Border Town Act''. SEC. 2. DESIGNATION OF MS-13 AS A FOREIGN TERRORIST ORGANIZATION. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. MEMBERS OF MS-13 CONSIDERED TO HAVE ENGAGED IN TERRORIST ACTIVITY. Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended by adding at the end the following: ``An alien who is a member, officer, official, representative, or spokesman of Mara Salvatrucha (MS-13) is considered, for the purposes of this Act, to have engaged in terrorist activity.''. <all>

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Town A Border Town Act''. SEC. 2. DESIGNATION OF MS-13 AS A FOREIGN TERRORIST ORGANIZATION. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189). SEC. 3. MEMBERS OF MS-13 CONSIDERED TO HAVE ENGAGED IN TERRORIST ACTIVITY. Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended by adding at the end the following: ``An alien who is a member, officer, official, representative, or spokesman of Mara Salvatrucha (MS-13) is considered, for the purposes of this Act, to have engaged in terrorist activity.''. <all>

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

To direct the Secretary of State to designate MS-13 as a foreign terrorist organization, and for other purposes. On the date of enactment of this Act, the Secretary of State shall designate Mara Salvatrucha (MS-13) (and any successor organization) as a foreign terrorist organization in accordance with section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).

S.679

Housing and Community Development

Public Housing Emergency Response Act This bill authorizes additional assistance from the Public Housing Capital Fund to public housing agencies based upon capital need as determined by the agencies' most recent Physical Needs Assessment.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban 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 ``Public Housing Emergency Response Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Housing is a foundational determinant of health and has been recognized as such since the early days of public health. (2) Poor housing conditions contribute to a broad range of infectious diseases, chronic diseases, injuries, childhood development complications, nutrition issues, and mental health challenges. (3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) charges the Department of Housing and Urban Development (referred to in this section as ``HUD'') with providing individuals with a decent, safe, and affordable place to live, including individuals who live in public housing. (4) While public housing is a federally created program overseen by HUD, the properties are owned and managed at the local level by quasi-governmental public housing authorities under contract with the Federal Government. (5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. (6) In enacting the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), Congress sought to address the needs of low-income individuals through public housing. At the time of enactment of that Act, the housing stock of the United States was of very poor quality. Public housing was a significant improvement for individuals who had access to it. (7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. (8) By 1990, no significant investment in housing affordable to the lowest-income individuals had been made by the Federal Government in more than 30 years. (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 2518) prohibited public housing authorities from using any Federal capital funding or operating funding to develop net new housing. (10) More than a decade after the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 2518), the number of public housing units in the United States began to steadily decline, as more units were torn down than rebuilt. (11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 115)--Federal capital funding has remained relatively level for more than a decade, despite an increasing backlog in unmet capital needs. (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. The largest public housing authority in the United States, the New York City Housing Authority, houses approximately 362,000 residents in 302 developments across New York City. (13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. (14) As of October 2019, the national public housing capital repairs backlog was estimated to stand at more than $70,000,000,000. (15) Federal disinvestment in public housing has forced many residents to live in accelerating substandard living conditions. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. New York City Housing Authority residents suffer from a consistent lack of hot water, insufficient heat during the winter months, rodent and insect infestations, broken elevators, and widespread and recurring lead and mold problems. (16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. (17) The Centers for Disease Control and Prevention has made clear that no level of lead poisoning is safe. Lead poisoning can result in irreversible brain damage and affects every major bodily system. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. (18) Exposure to cold indoor temperatures is associated with increased risk of cardiovascular disease. (19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. (20) For example, one leading study found that children living in public housing have higher odds of asthma than children living in all types of private housing, even after adjusting for individual risk factors, including ethnicity and race, living in a low-income household, and living in a low- income community. (21) The rise of the COVID-19 pandemic has introduced a new level of risk into society in the United States. (22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. One leading study found that counties with a higher percentage of households with poor housing had a higher incidence of, and mortality associated with, COVID-19 and recommended targeted health policies to support individuals living in poor housing conditions in order to mitigate adverse outcomes associated with COVID-19. (23) This is a fixable public health crisis. Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. (24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all people of the United States have a decent home and suitable living environment, as is the charge of HUD. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for assistance from the Public Housing Capital Fund under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency. <all>

Public Housing Emergency Response Act

A bill to authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes.

Public Housing Emergency Response Act

Sen. Warren, Elizabeth

D

MA

This bill authorizes additional assistance from the Public Housing Capital Fund to public housing agencies based upon capital need as determined by the agencies' most recent Physical Needs Assessment.

SHORT TITLE. 2. FINDINGS. The Congress finds the following: (1) Housing is a foundational determinant of health and has been recognized as such since the early days of public health. (3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) charges the Department of Housing and Urban Development (referred to in this section as ``HUD'') with providing individuals with a decent, safe, and affordable place to live, including individuals who live in public housing. (5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ), Congress sought to address the needs of low-income individuals through public housing. Public housing was a significant improvement for individuals who had access to it. (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 2518) prohibited public housing authorities from using any Federal capital funding or operating funding to develop net new housing. 2518), the number of public housing units in the United States began to steadily decline, as more units were torn down than rebuilt. (15) Federal disinvestment in public housing has forced many residents to live in accelerating substandard living conditions. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. (16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. (17) The Centers for Disease Control and Prevention has made clear that no level of lead poisoning is safe. Lead poisoning can result in irreversible brain damage and affects every major bodily system. Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. (18) Exposure to cold indoor temperatures is associated with increased risk of cardiovascular disease. One leading study found that counties with a higher percentage of households with poor housing had a higher incidence of, and mortality associated with, COVID-19 and recommended targeted health policies to support individuals living in poor housing conditions in order to mitigate adverse outcomes associated with COVID-19. Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. SEC. AUTHORIZATION OF APPROPRIATIONS.

SHORT TITLE. 2. FINDINGS. The Congress finds the following: (1) Housing is a foundational determinant of health and has been recognized as such since the early days of public health. (3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) charges the Department of Housing and Urban Development (referred to in this section as ``HUD'') with providing individuals with a decent, safe, and affordable place to live, including individuals who live in public housing. (5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ), Congress sought to address the needs of low-income individuals through public housing. Public housing was a significant improvement for individuals who had access to it. (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 2518) prohibited public housing authorities from using any Federal capital funding or operating funding to develop net new housing. 2518), the number of public housing units in the United States began to steadily decline, as more units were torn down than rebuilt. (15) Federal disinvestment in public housing has forced many residents to live in accelerating substandard living conditions. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. (17) The Centers for Disease Control and Prevention has made clear that no level of lead poisoning is safe. Lead poisoning can result in irreversible brain damage and affects every major bodily system. Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. One leading study found that counties with a higher percentage of households with poor housing had a higher incidence of, and mortality associated with, COVID-19 and recommended targeted health policies to support individuals living in poor housing conditions in order to mitigate adverse outcomes associated with COVID-19. SEC. AUTHORIZATION OF APPROPRIATIONS.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban 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. 2. FINDINGS. The Congress finds the following: (1) Housing is a foundational determinant of health and has been recognized as such since the early days of public health. (2) Poor housing conditions contribute to a broad range of infectious diseases, chronic diseases, injuries, childhood development complications, nutrition issues, and mental health challenges. (3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) charges the Department of Housing and Urban Development (referred to in this section as ``HUD'') with providing individuals with a decent, safe, and affordable place to live, including individuals who live in public housing. (5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ), Congress sought to address the needs of low-income individuals through public housing. Public housing was a significant improvement for individuals who had access to it. (7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 2518) prohibited public housing authorities from using any Federal capital funding or operating funding to develop net new housing. 2518), the number of public housing units in the United States began to steadily decline, as more units were torn down than rebuilt. (11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 115)--Federal capital funding has remained relatively level for more than a decade, despite an increasing backlog in unmet capital needs. (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. (15) Federal disinvestment in public housing has forced many residents to live in accelerating substandard living conditions. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. New York City Housing Authority residents suffer from a consistent lack of hot water, insufficient heat during the winter months, rodent and insect infestations, broken elevators, and widespread and recurring lead and mold problems. (16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. (17) The Centers for Disease Control and Prevention has made clear that no level of lead poisoning is safe. Lead poisoning can result in irreversible brain damage and affects every major bodily system. Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. (18) Exposure to cold indoor temperatures is associated with increased risk of cardiovascular disease. One leading study found that counties with a higher percentage of households with poor housing had a higher incidence of, and mortality associated with, COVID-19 and recommended targeted health policies to support individuals living in poor housing conditions in order to mitigate adverse outcomes associated with COVID-19. (23) This is a fixable public health crisis. Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. SEC. AUTHORIZATION OF APPROPRIATIONS. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban 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 ``Public Housing Emergency Response Act''. 2. FINDINGS. The Congress finds the following: (1) Housing is a foundational determinant of health and has been recognized as such since the early days of public health. (2) Poor housing conditions contribute to a broad range of infectious diseases, chronic diseases, injuries, childhood development complications, nutrition issues, and mental health challenges. (3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) charges the Department of Housing and Urban Development (referred to in this section as ``HUD'') with providing individuals with a decent, safe, and affordable place to live, including individuals who live in public housing. (4) While public housing is a federally created program overseen by HUD, the properties are owned and managed at the local level by quasi-governmental public housing authorities under contract with the Federal Government. (5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ), Congress sought to address the needs of low-income individuals through public housing. Public housing was a significant improvement for individuals who had access to it. (7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. (8) By 1990, no significant investment in housing affordable to the lowest-income individuals had been made by the Federal Government in more than 30 years. (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 2518) prohibited public housing authorities from using any Federal capital funding or operating funding to develop net new housing. 2518), the number of public housing units in the United States began to steadily decline, as more units were torn down than rebuilt. (11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 115)--Federal capital funding has remained relatively level for more than a decade, despite an increasing backlog in unmet capital needs. (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. (13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. (14) As of October 2019, the national public housing capital repairs backlog was estimated to stand at more than $70,000,000,000. (15) Federal disinvestment in public housing has forced many residents to live in accelerating substandard living conditions. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. New York City Housing Authority residents suffer from a consistent lack of hot water, insufficient heat during the winter months, rodent and insect infestations, broken elevators, and widespread and recurring lead and mold problems. (16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. (17) The Centers for Disease Control and Prevention has made clear that no level of lead poisoning is safe. Lead poisoning can result in irreversible brain damage and affects every major bodily system. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. (18) Exposure to cold indoor temperatures is associated with increased risk of cardiovascular disease. (19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. (21) The rise of the COVID-19 pandemic has introduced a new level of risk into society in the United States. (22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. One leading study found that counties with a higher percentage of households with poor housing had a higher incidence of, and mortality associated with, COVID-19 and recommended targeted health policies to support individuals living in poor housing conditions in order to mitigate adverse outcomes associated with COVID-19. (23) This is a fixable public health crisis. Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. (24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all people of the United States have a decent home and suitable living environment, as is the charge of HUD. SEC. AUTHORIZATION OF APPROPRIATIONS. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ( At the time of enactment of that Act, the housing stock of the United States was of very poor quality. 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. 16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. ( Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. ( 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. ( 24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all people of the United States have a decent home and suitable living environment, as is the charge of HUD.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. ( For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( 22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. ( For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( 22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ( At the time of enactment of that Act, the housing stock of the United States was of very poor quality. 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. 16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. ( Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. ( 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. ( 24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all people of the United States have a decent home and suitable living environment, as is the charge of HUD.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. ( For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( 22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ( At the time of enactment of that Act, the housing stock of the United States was of very poor quality. 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. 16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. ( Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. ( 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. ( 24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all people of the United States have a decent home and suitable living environment, as is the charge of HUD.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. ( For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( 22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ( At the time of enactment of that Act, the housing stock of the United States was of very poor quality. 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. 16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. ( Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. ( 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. ( 24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all people of the United States have a decent home and suitable living environment, as is the charge of HUD.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (9) In 1998, the enactment of the Quality Housing and Work Responsibility Act of 1998 (title V of Public Law 105-276; 112 Stat. 11) With the exception of an infusion of funding from the economic stimulus legislation in 2009--the American Recovery and Reinvestment Act (Public Law 111-5; 123 Stat. 13) The Public Housing Capital Fund of the Department of Housing and Urban Development remains the primary source of funding public housing authorities rely on to address necessary infrastructure upgrades and repairs. ( For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. At high levels, lead poisoning can cause anemia, multi-organ damage, seizures, coma, and death in children. 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( 22) Poor housing conditions have been linked with worse health outcomes and infectious disease spread. 1437g(d)) $70,000,000,000, which-- (1) shall remain available until expended; and (2) notwithstanding subsections (c)(1) and (d)(2) of such section 9, shall be allocated to public housing agencies based on the extent of the capital needs of those public housing agencies, as determined according to the most recent physical needs assessment required under section 905.300(a) of title 24, Code of Federal Regulations, of each public housing agency.

To authorize additional monies to the Public Housing Capital Fund of the Department of Housing and Urban Development, and for other purposes. 3) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.) 5) Thus, the public housing program is governed in part by Federal rules and regulations and in part by policies enacted at the local level. ( At the time of enactment of that Act, the housing stock of the United States was of very poor quality. 7) However, over the years the living conditions in public housing began to deteriorate as the operational needs of the units and costs necessary to remedy major capital deficiencies began to outpace the level of funding provided by the Federal Government and the rent contributions of residents. ( (12) Today, there are approximately 1,200,000 units of public housing across the United States receiving Federal funding. For example, the New York City Housing Authority has a capital repair backlog currently estimated at more than $40,000,000,000. 16) Substandard housing conditions, such as poor ventilation, pest infestations, and water leaks, are directly associated with the development and exacerbation of respiratory diseases like asthma. ( Even with the lowest levels of lead exposure, children experience physical, cognitive, and neurobehavioral impairment, as well as lower IQ levels, lower class standing in high school, greater absenteeism, lower vocabulary and grammatical-reasoning scores, and poorer hand-eye coordination relative to other children. ( 19) Due to its aging infrastructure, the living conditions in public housing are causing severe health consequences for public housing residents throughout the United States, including asthma, respiratory illness, and elevated blood lead levels. ( Federal disinvestment in public housing has consequences, and aging infrastructure is, in many cases, the root cause of many of the health issues described in this section for residents. ( 24) Therefore, it is necessary to reinvest in public housing, provide the money needed to fulfill outstanding capital needs, and to again ensure that all people of the United States have a decent home and suitable living environment, as is the charge of HUD.

S.299

Science, Technology, Communications

Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act or the SAFE TECH Act This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties. Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech. The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant. Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions. Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act'' or the ``SAFE TECH Act''. SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS. Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``No provider'' and inserting the following: ``(A) In general.--Except as provided in paragraph (3), no provider''; (ii) by striking ``any information'' and inserting ``any speech''; (iii) by inserting before the period at the end the following: ``, unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech''; and (iv) by adding at the end the following: ``(B) Affirmative defense.--In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider.''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ``(B) Limitation of liability.--In the case of an interactive computer service provider that complies with an order granting injunctive relief described in subparagraph (A), such compliance shall not subject the interactive computer service provider to liability for removing, restricting access to or availability of, or preventing dissemination of material subject to the order.''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code. ``(10) No effect on wrongful death actions.--Nothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death.''. <all>

SAFE TECH Act

A bill to amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections.

SAFE TECH Act Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act

Sen. Warner, Mark R.

D

VA

This bill limits federal liability protection that applies to a user or provider of an interactive computer service (e.g., a social media company) for claims related to content provided by third parties. Specifically, the bill applies the liability protection to claims arising from third-party speech rather than third-party information. Additionally, the liability protection shall not apply if a user or provider (1) accepts payment to make the speech available, or (2) creates or funds (in whole or in part) the speech. The bill changes legal procedures concerning the liability protection by (1) requiring a defendant in a lawsuit to raise the liability protection as an affirmative defense, and (2) placing the burden of proving that the defense applies on the defendant. Some courts have held that the current liability protection bars claims for civil penalties and injunctive relief. The bill expressly excludes from the liability protection requests for injunctive relief arising from a provider's failure to remove, restrict access to, or prevent dissemination of material likely to cause irreparable harm. However, the bill protects a provider from liability for actions taken to comply with such injunctions. Under current law, the liability protection does not apply to federal criminal law, intellectual property law, and other designated areas of law. The bill further specifies that the liability protection shall not apply to civil rights law; antitrust law; stalking, harassment, or intimidation laws; international human rights law; and civil actions for wrongful death.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act'' or the ``SAFE TECH Act''. SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``No provider'' and inserting the following: ``(A) In general.--Except as provided in paragraph (3), no provider''; (ii) by striking ``any information'' and inserting ``any speech''; (iii) by inserting before the period at the end the following: ``, unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech''; and (iv) by adding at the end the following: ``(B) Affirmative defense.--In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider. ``(B) Limitation of liability.--In the case of an interactive computer service provider that complies with an order granting injunctive relief described in subparagraph (A), such compliance shall not subject the interactive computer service provider to liability for removing, restricting access to or availability of, or preventing dissemination of material subject to the order. ''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(10) No effect on wrongful death actions.--Nothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death.''.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act'' or the ``SAFE TECH Act''. SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``No provider'' and inserting the following: ``(A) In general.--Except as provided in paragraph (3), no provider''; (ii) by striking ``any information'' and inserting ``any speech''; (iii) by inserting before the period at the end the following: ``, unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech''; and (iv) by adding at the end the following: ``(B) Affirmative defense.--In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider. ``(B) Limitation of liability.--In the case of an interactive computer service provider that complies with an order granting injunctive relief described in subparagraph (A), such compliance shall not subject the interactive computer service provider to liability for removing, restricting access to or availability of, or preventing dissemination of material subject to the order. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act'' or the ``SAFE TECH Act''. SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS. Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``No provider'' and inserting the following: ``(A) In general.--Except as provided in paragraph (3), no provider''; (ii) by striking ``any information'' and inserting ``any speech''; (iii) by inserting before the period at the end the following: ``, unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech''; and (iv) by adding at the end the following: ``(B) Affirmative defense.--In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider.''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ``(B) Limitation of liability.--In the case of an interactive computer service provider that complies with an order granting injunctive relief described in subparagraph (A), such compliance shall not subject the interactive computer service provider to liability for removing, restricting access to or availability of, or preventing dissemination of material subject to the order.''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code. ``(10) No effect on wrongful death actions.--Nothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death.''. <all>

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Against Fraud, Exploitation, Threats, Extremism, and Consumer Harms Act'' or the ``SAFE TECH Act''. SEC. 2. COMMUNICATIONS DECENCY ACT IMPROVEMENTS. Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is amended-- (1) in subsection (c)-- (A) in paragraph (1)-- (i) by striking ``No provider'' and inserting the following: ``(A) In general.--Except as provided in paragraph (3), no provider''; (ii) by striking ``any information'' and inserting ``any speech''; (iii) by inserting before the period at the end the following: ``, unless the provider or user has accepted payment to make the speech available or, in whole or in part, created or funded the creation of the speech''; and (iv) by adding at the end the following: ``(B) Affirmative defense.--In any action in which the defendant raises subparagraph (A) as a defense, the defendant shall have the burden of persuasion, by a preponderance of the evidence, that the defendant is a provider or user of an interactive computer service and is being treated as the publisher or speaker of speech provided by another information content provider.''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ``(B) Limitation of liability.--In the case of an interactive computer service provider that complies with an order granting injunctive relief described in subparagraph (A), such compliance shall not subject the interactive computer service provider to liability for removing, restricting access to or availability of, or preventing dissemination of material subject to the order.''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code. ``(10) No effect on wrongful death actions.--Nothing in this section shall be construed to prevent, impair, or limit any civil action for a wrongful death.''. <all>

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. ''; and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(7) No effect on antitrust laws.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under Federal or State antitrust law.

To amend section 230 of the Communications Act of 1934 to reaffirm civil rights, victims' rights, and consumer protections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ''; (B) in paragraph (2)(B), by striking ``paragraph (1)'' and inserting ``subparagraph (A)''; and (C) by adding at the end the following: ``(3) Exclusion from `good samaritan' immunity.-- ``(A) Injunctive relief.--Paragraph (1) shall not apply to any request for injunctive relief arising from the failure of an interactive computer service provider to remove, restrict access to or availability of, or prevent dissemination of material that is likely to cause irreparable harm. and (2) in subsection (e), by adding at the end the following: ``(6) No effect on civil rights laws.--Nothing in this section shall be construed to limit, impair, or prevent any action alleging discrimination on the basis of any protected class, or conduct that has the effect or consequence of discriminating on the basis of any protected class, under any Federal or State law. ``(8) No effect on stalking, harassment, or intimidation laws.--Nothing in this section shall be construed to prevent, impair, or limit any action alleging stalking, cyberstalking, harassment, cyberharassment, or intimidation based, in whole or in part, on sex (including sexual orientation and gender identity), race, color, religion, ancestry, national origin, or physical or mental disability brought under Federal or State law. ``(9) No effect on international human rights law.--Nothing in this section shall be construed to prevent, impair, or limit any action brought under section 1350 of title 28, United States Code.

S.2013

Health

Medical Nutrition Equity Act of 2021 This bill expands coverage under Medicare, Medicaid, other specified federal health care programs, and private health insurance to include foods, vitamins, and individual amino acids that are medically necessary for the management of certain digestive and metabolic disorders and conditions.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Nutrition Equity Act of 2021''. SEC. 2. FINDINGS. Congress finds the following: (1) Each year, thousands of children and adults in the United States are diagnosed with certain digestive or inherited metabolic disorders that prevent their bodies from digesting or metabolizing the food they need to survive. For them, medically necessary food, which can often be administered as an orally consumed formula, is their treatment. (2) Without medically necessary food, these patients risk malnutrition, surgery, and repeated hospitalizations. They may suffer intellectual disability or even death. Risks in pediatric populations are particularly profound and often severe and also include inadequate growth, abnormal development, cognitive impairment, and behavioral disorders. Specialized medically necessary food is standard-of-care therapy for these patients and is essential to preventing such outcomes. (3) While not every person diagnosed with these conditions needs to be treated with medically necessary food for a prolonged period, it is critical that patients and their physicians be able to consider the full range of options and select the treatment that will be most effective for each patient. (4) Insurance companies will typically cover pharmaceuticals or biologics for treatment of many of these conditions, if there is a Food and Drug Administration-approved therapy. However, these types of treatments may not be the first-line therapy a physician would recommend, do not work for all patients, and can have undesirable risks, such as cancer or suppression of the immune system, which can increase a patient's risk of infection. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. Surgical placement of feeding tubes unnecessarily results in increased risk to the patient and increased cost to the healthcare system. (6) Testing for select inherited metabolic disorders is required in all States, and approximately 2,000 babies per year are diagnosed with one of these disorders that requires treatment through medically necessary food. Yet, policies on medically necessary food vary significantly and do not always make it possible for families to get sufficient nutrition for their affected children which can lead to delayed development, brain damage, and even death. (7) The worsening of food insecurity during the COVID-19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. SEC. 3. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS FOR DIGESTIVE AND INHERITED METABOLIC DISORDERS UNDER FEDERAL HEALTH PROGRAMS AND PRIVATE HEALTH INSURANCE. (a) Coverage Under the Medicare Program.-- (1) Medically necessary food.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by striking the period and inserting ``and''; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Medically Necessary Food ``(lll)(1) Subject to paragraph (2), the term `medically necessary food' means food, including a low protein modified food product, an amino acid preparation product, a modified fat preparation product, or a nutritional formula (including such a formula that does not require a prescription), that is-- ``(A) furnished pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; ``(B) a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; ``(C) intended for the dietary management of an individual who, because of a specified disease or condition, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; ``(D) intended to be used under medical supervision, which may include in a home setting; and ``(E) intended only for an individual receiving active and ongoing medical supervision wherein the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food. ``(2) For purposes of paragraph (1), the term `medically necessary food' does not include the following: ``(A) Foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional. ``(B) Foods marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity. ``(C) Foods marketed for the management of diabetes. ``(D) Other products determined appropriate by the Secretary. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) N-acetyl glutamate synthase deficiency. ``(iii) Ornithine transcarbamlyase deficiency. ``(iv) Carbamoyl phosphate synthestase deficiency. ``(v) Inherited disorders of mitochondrial functioning. ``(B) Medical and surgical conditions of malabsorption, including the following: ``(i) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, including short bowel syndrome and chronic intestinal pseudo-obstruction. ``(ii) Malabsorption due to liver or pancreatic disease. ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: ``(i) Immunoglobulin E and non-Immunoglobulin E- mediated allergies to food proteins. ``(ii) Food protein-induced enterocolitis syndrome. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. ``(D) Inflammatory or immune mediated conditions of the alimentary tract, including the following: ``(i) Inflammatory bowel disease, including Crohn's disease, ulcerative colitis, and indeterminate colitis. ``(ii) Gastroesophageal reflux disease that is nonresponsive to standard medical therapies. ``(E) Any other disease or condition determined appropriate by the Secretary in consultation with appropriate scientific entities, such as the Agency for Healthcare Research and Quality. ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. ``(B) Such term does not include foods that are naturally low in protein, such as some fruits or vegetables.''. (C) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. (D) Effective date.--The amendments made by this subsection shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. (2) Inclusion of medically necessary vitamins and individual amino acids as a covered part d drug.-- (A) In general.--Section 1860D-2(e)(1) of the Social Security Act (42 U.S.C. 1395w-102(e)(1)) is amended-- (i) in subparagraph (A), by striking ``or'' at the end; (ii) in subparagraph (B), by striking the comma at the end and inserting ``; or''; and (iii) by inserting after subparagraph (B) the following new subparagraph: ``(C) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation,''. (B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (b) Coverage Under the Medicaid Program.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (30), by striking ``and'' at the end; (B) by redesignating paragraph (31) as paragraph (33); and (C) by inserting after paragraph (30) the following new paragraphs: ``(31) medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food; ``(32) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and''. (2) Conforming amendments.-- (A) Mandatory benefits.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), (31), and (32)''. (B) Exception to coverage restriction.--Section 1927(d)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is amended by inserting ``and except for medically necessary vitamins and individual amino acids described in section 1905(a)(32)'' before the period at the end. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, 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 this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. ``(13) Certain vitamins and individual amino acids.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation.''. (2) Conforming amendment.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``(8), (12), and (13)''. (3) Effective date.-- (A) In general.--Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if state legislation required.--In the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (d) Modification of Definition of Medically Necessary Food and Covered Disease or Condition Under the TRICARE Program.-- (1) In general.--Section 1077(h) of title 10, United States Code, is amended-- (A) in paragraph (2)(A), in the matter preceding clause (i), by striking ``or an amino acid preparation product'' and inserting ``, an amino acid preparation product, a modified fat preparation product, or a nutritional formula (including such a formula that does not require a prescription)''; and (B) in paragraph (3)-- (i) in subparagraph (D), by striking ``and'' at the end; (ii) by redesignating subparagraph (E) as subparagraph (F); and (iii) by inserting after subparagraph (D) the following: ``(E) Immunoglobulin E or non-Immunoglobulin E mediated allergies to food proteins; and''. (2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to contract years beginning on or after the date that is 1 year after the date of enactment of this Act. (f) Coverage Under Private Health Insurance.-- (1) In general.--Subpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-11 et seq.) is amended by adding at the end the following: ``SEC. 2729A. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS. ``A health insurance issuer offering group or individual health insurance coverage shall provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (h) Medically Necessary Nutrition Coverage Includes Combinations and Supplies.--Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies. <all>

Medical Nutrition Equity Act of 2021

A bill to provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorder under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes.

Medical Nutrition Equity Act of 2021

Sen. Casey, Robert P., Jr.

D

PA

This bill expands coverage under Medicare, Medicaid, other specified federal health care programs, and private health insurance to include foods, vitamins, and individual amino acids that are medically necessary for the management of certain digestive and metabolic disorders and conditions.

SHORT TITLE. 2. However, these types of treatments may not be the first-line therapy a physician would recommend, do not work for all patients, and can have undesirable risks, such as cancer or suppression of the immune system, which can increase a patient's risk of infection. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. 3. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. ``(D) Other products determined appropriate by the Secretary. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) N-acetyl glutamate synthase deficiency. ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: ``(i) Immunoglobulin E and non-Immunoglobulin E- mediated allergies to food proteins. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. ``(B) Such term does not include foods that are naturally low in protein, such as some fruits or vegetables.''. (B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. 1396d(a)) is amended-- (A) in paragraph (30), by striking ``and'' at the end; (B) by redesignating paragraph (31) as paragraph (33); and (C) by inserting after paragraph (30) the following new paragraphs: ``(31) medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food; ``(32) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and''. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. is amended by adding at the end the following: ``SEC. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS.

SHORT TITLE. 2. However, these types of treatments may not be the first-line therapy a physician would recommend, do not work for all patients, and can have undesirable risks, such as cancer or suppression of the immune system, which can increase a patient's risk of infection. 3. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. ``(D) Other products determined appropriate by the Secretary. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) N-acetyl glutamate synthase deficiency. ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: ``(i) Immunoglobulin E and non-Immunoglobulin E- mediated allergies to food proteins. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. (B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. 1396d(a)) is amended-- (A) in paragraph (30), by striking ``and'' at the end; (B) by redesignating paragraph (31) as paragraph (33); and (C) by inserting after paragraph (30) the following new paragraphs: ``(31) medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food; ``(32) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and''. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. is amended by adding at the end the following: ``SEC. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS.

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. However, these types of treatments may not be the first-line therapy a physician would recommend, do not work for all patients, and can have undesirable risks, such as cancer or suppression of the immune system, which can increase a patient's risk of infection. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. (7) The worsening of food insecurity during the COVID-19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. 3. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. ``(B) Foods marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity. ``(D) Other products determined appropriate by the Secretary. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) N-acetyl glutamate synthase deficiency. ``(B) Medical and surgical conditions of malabsorption, including the following: ``(i) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, including short bowel syndrome and chronic intestinal pseudo-obstruction. ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: ``(i) Immunoglobulin E and non-Immunoglobulin E- mediated allergies to food proteins. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. ``(B) Such term does not include foods that are naturally low in protein, such as some fruits or vegetables.''. (B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (b) Coverage Under the Medicaid Program.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (30), by striking ``and'' at the end; (B) by redesignating paragraph (31) as paragraph (33); and (C) by inserting after paragraph (30) the following new paragraphs: ``(31) medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food; ``(32) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and''. (B) Exception to effective date if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, 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 this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``(8), (12), and (13)''. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 300gg-11 et seq.) is amended by adding at the end the following: ``SEC. 2729A. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS.

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) Each year, thousands of children and adults in the United States are diagnosed with certain digestive or inherited metabolic disorders that prevent their bodies from digesting or metabolizing the food they need to survive. They may suffer intellectual disability or even death. Risks in pediatric populations are particularly profound and often severe and also include inadequate growth, abnormal development, cognitive impairment, and behavioral disorders. However, these types of treatments may not be the first-line therapy a physician would recommend, do not work for all patients, and can have undesirable risks, such as cancer or suppression of the immune system, which can increase a patient's risk of infection. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. (7) The worsening of food insecurity during the COVID-19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. 3. (B) Definition.--Section 1861 of the Social Security Act (42 U.S.C. ``(B) Foods marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity. ``(D) Other products determined appropriate by the Secretary. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) N-acetyl glutamate synthase deficiency. ``(iv) Carbamoyl phosphate synthestase deficiency. ``(B) Medical and surgical conditions of malabsorption, including the following: ``(i) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, including short bowel syndrome and chronic intestinal pseudo-obstruction. ``(C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: ``(i) Immunoglobulin E and non-Immunoglobulin E- mediated allergies to food proteins. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. ``(ii) Gastroesophageal reflux disease that is nonresponsive to standard medical therapies. ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. ``(B) Such term does not include foods that are naturally low in protein, such as some fruits or vegetables.''. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. (B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (b) Coverage Under the Medicaid Program.-- (1) In general.--Section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) is amended-- (A) in paragraph (30), by striking ``and'' at the end; (B) by redesignating paragraph (31) as paragraph (33); and (C) by inserting after paragraph (30) the following new paragraphs: ``(31) medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food; ``(32) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and''. (B) Exception to effective date if state legislation required.--In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, 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 this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``(8), (12), and (13)''. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. 300gg-11 et seq.) is amended by adding at the end the following: ``SEC. 2729A. COVERAGE OF MEDICALLY NECESSARY FOOD, VITAMINS, AND INDIVIDUAL AMINO ACIDS.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. Congress finds the following: (1) Each year, thousands of children and adults in the United States are diagnosed with certain digestive or inherited metabolic disorders that prevent their bodies from digesting or metabolizing the food they need to survive. (4) Insurance companies will typically cover pharmaceuticals or biologics for treatment of many of these conditions, if there is a Food and Drug Administration-approved therapy. Yet, policies on medically necessary food vary significantly and do not always make it possible for families to get sufficient nutrition for their affected children which can lead to delayed development, brain damage, and even death. (7) The worsening of food insecurity during the COVID-19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. a) Coverage Under the Medicare Program.-- (1) Medically necessary food.-- (A) In general.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by striking the period and inserting ``and''; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. ( ``(2) For purposes of paragraph (1), the term `medically necessary food' does not include the following: ``(A) Foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) Food protein-induced enterocolitis syndrome. ``(iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. (D) Effective date.--The amendments made by this subsection shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. ( B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. ( 2) Conforming amendments.-- (A) Mandatory benefits.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), (31), and (32)''. ( B) Exception to coverage restriction.--Section 1927(d)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is amended by inserting ``and except for medically necessary vitamins and individual amino acids described in section 1905(a)(32)'' before the period at the end. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. ``(13) Certain vitamins and individual amino acids.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation.''. ( 2) Conforming amendment.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``(8), (12), and (13)''. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. 2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( ``A health insurance issuer offering group or individual health insurance coverage shall provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. ( g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. For them, medically necessary food, which can often be administered as an orally consumed formula, is their treatment. ( 4) Insurance companies will typically cover pharmaceuticals or biologics for treatment of many of these conditions, if there is a Food and Drug Administration-approved therapy. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. 6) Testing for select inherited metabolic disorders is required in all States, and approximately 2,000 babies per year are diagnosed with one of these disorders that requires treatment through medically necessary food. ``(2) For purposes of paragraph (1), the term `medically necessary food' does not include the following: ``(A) Foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional. ``(C) Foods marketed for the management of diabetes. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) Malabsorption due to liver or pancreatic disease. ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. C) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. ( B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. ( 2) Conforming amendments.-- (A) Mandatory benefits.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), (31), and (32)''. ( B) Exception to coverage restriction.--Section 1927(d)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is amended by inserting ``and except for medically necessary vitamins and individual amino acids described in section 1905(a)(32)'' before the period at the end. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. ( 2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (h) Medically Necessary Nutrition Coverage Includes Combinations and Supplies.--Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. For them, medically necessary food, which can often be administered as an orally consumed formula, is their treatment. ( 4) Insurance companies will typically cover pharmaceuticals or biologics for treatment of many of these conditions, if there is a Food and Drug Administration-approved therapy. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. 6) Testing for select inherited metabolic disorders is required in all States, and approximately 2,000 babies per year are diagnosed with one of these disorders that requires treatment through medically necessary food. ``(2) For purposes of paragraph (1), the term `medically necessary food' does not include the following: ``(A) Foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional. ``(C) Foods marketed for the management of diabetes. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. ``(ii) Malabsorption due to liver or pancreatic disease. ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. C) Payment.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. ( B) Effective date.--The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. ( 2) Conforming amendments.-- (A) Mandatory benefits.--Section 1902(a)(10)(A) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)) is amended, in the matter preceding clause (i), by striking ``and (30)'' and inserting ``(30), (31), and (32)''. ( B) Exception to coverage restriction.--Section 1927(d)(2)(E) of the Social Security Act (42 U.S.C. 1396r-8(d)(2)(E)) is amended by inserting ``and except for medically necessary vitamins and individual amino acids described in section 1905(a)(32)'' before the period at the end. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. ( 2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (h) Medically Necessary Nutrition Coverage Includes Combinations and Supplies.--Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. 7) The worsening of food insecurity during the COVID-19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by striking the period and inserting ``and''; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. ( ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. (D) Effective date.--The amendments made by this subsection shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. 2) Conforming amendment.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``(8), (12), and (13)''. ( (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( ``A health insurance issuer offering group or individual health insurance coverage shall provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( ( g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. ``(C) Foods marketed for the management of diabetes. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. ( 2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. ( h) Medically Necessary Nutrition Coverage Includes Combinations and Supplies.--Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. 7) The worsening of food insecurity during the COVID-19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by striking the period and inserting ``and''; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. ( ``(4)(A) In this subsection, the term `low protein modified food product' means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. (D) Effective date.--The amendments made by this subsection shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. 2) Conforming amendment.--Section 2103(a) of the Social Security Act (42 U.S.C. 1397cc(a)) is amended, in the matter preceding paragraph (1), by striking ``and (8)'' and inserting ``(8), (12), and (13)''. ( (e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( ``A health insurance issuer offering group or individual health insurance coverage shall provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( ( g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. ``(C) Foods marketed for the management of diabetes. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. ( 2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. ( h) Medically Necessary Nutrition Coverage Includes Combinations and Supplies.--Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by striking the period and inserting ``and''; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. ( 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( ( ( g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. ``(C) Foods marketed for the management of diabetes. ``(3) In this subsection, the term `covered disease or condition' means the following diseases or conditions: ``(A) Inherited metabolic disorders, including the following: ``(i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children. 1395l(a)(1)) is amended-- (i) by striking ``and'' before ``(DD)''; and (ii) by inserting before the semicolon at the end the following: ``and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph.''. ( c) Coverage Under CHIP.-- (1) In general.--Section 2103(c) of the Social Security Act (42 U.S.C. 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. ( 2) Effective date.--The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. ( h) Medically Necessary Nutrition Coverage Includes Combinations and Supplies.--Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies.

To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes. 1395x(s)(2)) is amended-- (i) in subparagraph (GG), by striking ``and'' at the end; (ii) in subparagraph (HH), by striking the period and inserting ``and''; and (iii) by adding at the end the following new subparagraph: ``(II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n));''. ( 1397cc(c)) is amended by adding at the end the following: ``(12) Medically necessary food.--The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. e) Coverage Under FEHBP.-- (1) In general.--Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(q) A contract for a plan under this chapter shall require the carrier to provide coverage for-- ``(1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and ``(2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D- 2(e)(1)(C) of the Social Security Act.''. ( ( ( g) Nonpreemption of State Laws That Provide Greater Coverage.-- Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (

S.1925

Government Operations and Politics

Buy Green Act of 2021 This bill provides for federal procurement of clean energy products. Specifically, the bill establishes a Clean Energy Fund at the Department of Energy (DOE) and authorizes DOE to transfer amounts from the fund to federal agencies for clean energy-related purchases. The bill creates a grant program for state, local, and tribal governments to make such purchases. The bill (1) provides grants to electrify the federal vehicle fleet, to states and municipalities to electrify public transit and school buses, and to design, build, and retrofit buildings to be more energy efficient; and (2) establishes a grant program for U.S. companies to invest in clean energy manufacturing by retrofitting or building facilities that produce clean energy products. The bill (1) establishes specified labor protections applicable to projects funded by grants in this bill and for manufacturers of specified products; and (2) directs 40% of state, local, and tribal grant funding for grants provided by this bill to purchases that benefit frontline, disadvantaged, and vulnerable communities that have been environmentally neglected. The bill establishes within DOE a Green Procurement Oversight Advisory Board. The Government Accountability Office shall conduct oversight of the use of funds and publicly report on program efficacy each year.

To support and fund the Federal procurement of clean energy products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy Green Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Clean power.--The term ``clean power'' means power derived from a renewable energy source. (3) Covered product.-- (A) In general.--The term ``covered product'' means-- (i) energy-- (I) used to power a facility; and (II) the production of which comes from a renewable energy source; and (ii) a product that-- (I) is produced or manufactured-- (aa) in the United States (including the territories of the United States); (bb) in accordance with all relevant energy efficiency, environmental preference, and safety designations; and (cc) by an entity that complies with the labor requirements under section 6; and (II) reduces energy usage during the lifecycle of the product by-- (aa) minimizing energy, water, or material resources associated with the product; (bb) increasing opportunities for reuse and recycling due to the durability or repairability of the product; and (cc) improving environmental and human health impacts. (B) Inclusions.--The term ``covered product'' includes a product described in subparagraph (A)(ii) that-- (i) is a zero-emission vehicle or a nonmotorized alternative mode of transportation; (ii) is a zero-emission form of public transportation, including high-speed rail; (iii) is a product or low-carbon material used to design, construct, or retrofit buildings, including a product bearing the Green Seal certification; (iv) improves the energy efficiency measures of facilities to make facilities environmentally responsible; (v) is a product used to maintain or clean buildings; (vi) is an appliance certified under the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); (vii) is an electronics product bearing the EPEAT certification; or (viii) is an energy-storage technology. (4) Covered small business.--The term ``covered small business'' means-- (A) a small business concern owned and controlled by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C))); (B) a small business concern owned and controlled by women (as defined in section 3 of that Act (15 U.S.C. 632)); and (C) a small business concern owned and controlled by veterans (as defined in section 3 of that Act (15 U.S.C. 632)). (5) Eligible material.--The term ``eligible material'' means a material for which the Secretary establishes a maximum global warming potential under section 4(b). (6) Environmentally responsible.--The term ``environmentally responsible'', with respect to a facility or manufacturing capability, means that-- (A) the facility or manufacturing capability is in compliance with, or carried out in accordance with, as applicable, all relevant energy efficiency, environmental preference, and safety designations; and (B) in the case of a facility, the facility is built or retrofitted with materials that minimize the use of-- (i) energy; (ii) water; and (iii) material resources that produce pollutants or toxins, as determined by the Secretary. (7) Federal building.--The term ``Federal building'' has the meaning given the term in section 551 of the National Energy Conservation Policy Act (42 U.S.C. 8259). (8) Frontline, vulnerable, and disadvantaged community.-- The term ``frontline, vulnerable, and disadvantaged community'' means a community-- (A) in an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161(a)); and (B) in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, gender, and economic injustices by disproportionately affecting Black, Brown, and Indigenous peoples, other communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, or youth. (9) Fund.--The term ``Fund'' means the Clean Energy Fund established under section 3(a). (10) Global warming potential.--The term ``global warming potential'', with respect to an eligible material, means a measure that indicates how much energy the emissions of 1 ton of gases associated with the life cycle of that eligible material, including the manufacture, use, and disposal of that eligible material, will absorb, on average, over a given period of time, relative to the emissions of 1 ton of carbon dioxide. (11) Oversight advisory board.--The term ``Oversight Advisory Board'' means the Green Procurement Oversight Advisory Board established under section 7. (12) Renewable energy source.--The term ``renewable energy source'' means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. (B) Wind. (C) Ocean, including tidal, wave, current, and thermal. (D) Geothermal, including electricity and heat pumps. (E) Hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project that was placed in service on or after January 1, 1999. (F) Hydrogen derived from a renewable source of energy. (G) Thermal energy generated by any of the sources described in subparagraphs (A) through (F). (13) Secretary.--The term ``Secretary'' means the Secretary of Energy. (14) Small business.--The term ``small business'' has the meaning given the term ``small business concern'' in section 3 of the Small Business Act (15 U.S.C. 632). SEC. 3. CLEAN ENERGY FUND. (a) In General.--Not later than January 1, 2023, the Secretary shall establish a fund in the Department of Energy, to be known as the ``Clean Energy Fund''. (b) Use of Fund.-- (1) In general.--The Secretary shall-- (A) use amounts in the Fund-- (i) to purchase covered products for use by the Secretary, including covered products relating to information technology and general supplies and services, in accordance with subsection (g) and section 5; (ii) to establish and carry out the grant programs under subsections (c) and (d); and (iii) to carry out the Federal building activities described in subsection (e); and (B) transfer amounts from the Fund-- (i) to 1 or more Federal agencies (excluding the Department of Defense)-- (I) to purchase covered products for use by the Federal agency, in accordance with subsection (g) and section 5; and (II) to carry out the Federal building activities described in subsection (e); and (ii) to the Administrator of General Services to carry out subsection (f). (2) Purchases from small businesses.--Of the amounts from the Fund made available to a Federal agency in a fiscal year, the head of the Federal agency shall ensure that not less than 20 percent is used to purchase covered products from small businesses and covered small businesses. (c) State, Tribal, and Local Government Grant Program.-- (1) In general.--Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. (2) Selection of grant recipients.--The Secretary shall-- (A) share with the Oversight Advisory Board applications received under the grant program established under paragraph (1); and (B) in coordination with the Secretary of the Treasury, select grant recipients under that program after receiving the recommendations of the Oversight Advisory Board relating to grant recipients. (3) Distribution of grants.--Of the amounts available in the Fund in a fiscal year to carry out the program under paragraph (1), the Secretary shall ensure that-- (A) not less than 60 percent but not more than 65 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products for use in urban areas located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable; (B) not less than 40 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products for use in frontline, vulnerable, and disadvantaged communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable; and (C) not less than 20 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products from small businesses and covered small businesses. (4) Priority for school bus electrification.--In providing grants under paragraph (1), the Secretary shall give priority to States, Indian Tribes, and units of local government that will use the grant for the electrification of school buses in frontline, vulnerable, and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable. (5) Duration of grant.--Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. (d) Industry Grants.-- (1) Definitions.--In this subsection: (A) Eligible entity.-- (i) In general.--The term ``eligible entity'' means a company that-- (I) is organized under the laws of the United States or any jurisdiction within the United States; or (II) is otherwise subject to the jurisdiction of the United States. (ii) Exclusion.--The term ``eligible entity'' does not include a foreign branch of a company described in clause (i). (B) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means emissions of any of the following gases: (i) Carbon dioxide. (ii) Methane. (iii) Nitrous oxide. (iv) Hydrofluorocarbons. (v) Perfluorocarbons. (vi) Sulfur hexafluoride. (vii) Nitrogen trifluoride. (2) Establishment.--Not later than January 1, 2022, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities-- (A) to retrofit or otherwise upgrade facilities that produce covered products, including to make those facilities environmentally responsible; and (B) for the development of environmentally responsible manufacturing capabilities to bolster the production of covered products, including by-- (i) constructing new environmentally responsible facilities in the United States for the production of covered products; and (ii) retrofitting or otherwise upgrading existing facilities in the United States-- (I) to produce covered products; and (II) to make those facilities environmentally responsible. (3) Selection of grant recipients.--In providing grants under paragraph (2), the Secretary shall-- (A) share grant applications with the Oversight Advisory Board; (B) select grant recipients after receiving the recommendations of the Oversight Advisory Board relating to grant recipients; (C) consider-- (i) any labor, health or safety, or discrimination charges filed against the eligible entity in the preceding 2 years; (ii) any violations of the National Labor Relations Act (29 U.S.C. 151 et seq.) reported to the National Labor Relations Board in the preceding 2 years; (iii) as applicable, whether wages and benefits for auto workers are not less than the industry standards for wages and benefits for auto workers who are represented by a labor organization; (iv) whether jobs created for purposes of activities supported through the grant will be permanent positions, rather than temporary or contingent positions; (v) whether training required under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) will be provided for employees, including any safety supervisors; (vi) the policy of the eligible entity with respect to coverage of workers' compensation; and (vii) whether the work sites that will be used for activities supported through the grant have independent health and safety monitoring policies; and (D) prioritize applications that specify that the eligible entity-- (i) participates or will participate in a registered apprenticeship program; or (ii) prioritizes the employment of individuals trained and certified by labor organizations, or joint labor-management organizations, that promote a skilled workforce with high standards for quality and safety. (4) Requirement.--An eligible entity receiving a grant under paragraph (2) shall comply with the labor requirements under section 6 with respect to the activities carried out using, or otherwise supported by, the grant. (5) Submission of environmental product declaration.--The Secretary shall require each eligible entity to which the Secretary awards a grant under paragraph (2) to submit to the Secretary, for each eligible material proposed to be used in the applicable project-- (A) a current facility-specific Environmental Product Declaration, Type III (as defined by the International Organization for Standardization standard 14025); or (B) a declaration made under a similarly robust life cycle assessment method that has-- (i) uniform standards in data collection consistent with that standard; (ii) industry acceptance; and (iii) integrity. (6) Certifications.--The Secretary shall require that any application for a grant under paragraph (2) shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph (1) of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. (7) Goal.--In carrying out this subsection, the Secretary shall strive to achieve a continuous reduction of greenhouse gas emissions over time. (8) Purchases from small businesses.--Of the amounts made available under subsection (j) in a fiscal year to carry out the grant program established under paragraph (2), the Secretary shall ensure that not less than 20 percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses. (9) Report on implementation and effectiveness.--Not later than January 1, 2023, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report describing-- (A) any obstacles to the implementation of the grant program established under this subsection; (B) the effectiveness of the grant program in reducing-- (i) greenhouse gas emissions; and (ii) the global warming potential for eligible materials; and (C) the effectiveness of the grant program in-- (i) creating and maintaining jobs in the United States that comply with the labor requirements under section 6; and (ii) protecting the rights of workers in the United States, including the right of certain workers to organize and bargain collectively. (e) Federal Building Activities.--The Federal building activities referred to in subsection (b) are, with respect to a Federal agency, activities-- (1) to construct new, modern Federal buildings of that Federal agency, including new hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, that are sustainable and resilient, including through the purchase of low-carbon materials for that construction; and (2) to modernize, and improve the sustainability and resilience of, Federal buildings of that Federal agency, including hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, including through-- (A) the purchase of low-carbon materials for retrofitting, remodeling, or otherwise improving Federal buildings; and (B) the purchase of clean power for Federal buildings. (f) Replacement of Federal Fleet.--Using amounts from the Fund, the Administrator of General Services shall purchase zero-emission vehicles to replace the existing Federal fleet (as defined by the term ``fleet'' in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) so that by the end of fiscal year 2030 the entire Federal fleet consists of zero-emission vehicles. (g) Priority for Purchasing Covered Products.--A Federal agency, State, Indian Tribe, or unit of local government purchasing covered products pursuant to this section shall give priority to purchasing covered products that-- (1) are made from renewable and recycled resources (including biobased products); (2) have lower lifecycle emissions than comparable products; and (3) are designed for-- (A) reducing environmental impacts; and (B) recycling. (h) Buy American.-- (1) In general.--Chapter 83 of title 41, United States Code, shall apply with respect to purchases of covered products made pursuant to this section-- (A) by a Federal agency; and (B) in the case of purchases by a non-Federal entity, in the same manner in which that chapter applies to the Federal Government. (2) Exceptions and waivers.--The Secretary shall, to the maximum extent practicable, minimize the number of exceptions and waivers granted under chapter 83 of title 41, United States Code, with respect to purchases of covered products made pursuant to this section. (i) Report.--Not less frequently than once each fiscal year, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report that-- (1) describes the activities carried out using amounts in the Fund, including data on the clean power purchased under subsection (e)(2)(B); (2) includes data on the covered products purchased pursuant to those activities; and (3) includes data on compliance with subsection (h). (j) Authorization of Appropriations.--There is authorized to be appropriated to the Fund $1,500,000,000,000 for the period of fiscal years 2022 through 2031, to remain available until January 1, 2042, of which not less than-- (1) $750,000,000,000 shall be used to carry out the grant program established under subsection (c); and (2) $250,000,000,000 shall be used to carry out the grant program established under subsection (d). SEC. 4. DEPARTMENT OF ENERGY. (a) Senior Procurement Officer.--The Secretary shall-- (1) be designated as the senior procurement officer for the Department of Energy; and (2) coordinate with the Director of the Office of Management and Budget in carrying out procurement for the Department of Energy. (b) Maximum Acceptable Global Warming Potential of Eligible Materials.-- (1) Establishment.-- (A) In general.--Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register-- (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). (B) Requirements.-- (i) Industry average.-- (I) In general.--The maximum acceptable global warming potential for an eligible material under subparagraph (A) shall be expressed as a number that is equal to the industry average of facility-specific global warming potential emissions for that eligible material, as determined under subclause (II). (II) Determination.--The Secretary shall determine the industry average described in subclause (I) for an eligible material by consulting nationally or internationally recognized databases of environmental product declarations. (ii) Consistency with environmental product declaration.--Each maximum acceptable global warming potential established under subparagraph (A) shall be established in a manner that is consistent with the requirements of an environmental product declaration. (C) Report.--Not later than January 1, 2023, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report that describes the method that the Secretary used to develop the maximum global warming potential for each eligible material under subparagraph (A). (2) Review and adjustment.-- (A) In general.--Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary-- (i) shall review the maximum acceptable global warming potential established under paragraph (1) for each eligible material; and (ii) may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. (B) Publication.--If the Secretary adjusts the maximum acceptable global warming potential of an eligible material downward under subparagraph (A)(ii), the Secretary shall publish the updated maximum global warming potential in the Federal Register. (C) Prohibition.--After establishing the maximum acceptable global warming potential for an eligible material under paragraph (1), the Secretary may not adjust that maximum acceptable global warming potential upward. SEC. 5. REQUIREMENTS FOR PROCUREMENT OF COVERED PRODUCTS. An entity procuring a covered product pursuant to this Act shall ensure that the procurement-- (1) is conducted in compliance with all applicable laws regarding fair and open competition in contracting; (2) is subject to appropriate cost controls; (3) provides for whistleblower protections for employees of contractors and subcontractors; (4) requires contractors and subcontractors to retain records pertinent to contract performance; (5) requires contractors to submit to the entity audited financial statements covering the contract performance period; and (6) is conducted in compliance with section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act'') and other applicable open records laws. SEC. 6. LABOR REQUIREMENTS. (a) Definitions.--In this section: (1) Covered activities.--The term ``covered activities'' means-- (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. (2) Covered entity.--The term ``covered entity'' means-- (A) an entity producing or manufacturing a product as described in section 2(3)(A)(ii)(I)(cc); or (B) an entity receiving a grant under this Act. (b) Requirements.--The labor requirements under this section with respect to a covered entity are each of the following: (1) Minimum wage.-- (A) In general.--The covered entity shall ensure that all employees of the covered entity, and of any contractor or subcontractor of the covered entity with respect to the covered activities, who are engaged in the covered activities shall be paid at a rate of not less than-- (i) $15.00 an hour, beginning on the date of enactment of this Act; and (ii) beginning on the date that is 1 year after such date of enactment, and annually thereafter, the greater of-- (I) the amount in effect under this subparagraph for the preceding year, increased by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics and rounded up to the nearest multiple of $0.05; or (II) 10 percent more than the minimum wage applicable under section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206). (B) Calculation.--In calculating the annual percentage increase in the median hourly wage of all employees for purposes of subparagraph (A)(ii)(I), the Secretary of Labor, through the Bureau of Labor Statistics, shall-- (i) compile data on the hourly wages of all employees to determine such a median hourly wage; and (ii) compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year. (C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (D) Requirements applicable to vehicle production.-- (i) Definitions.--In this subparagraph: (I) Covered production worker.--The term ``covered production worker'' means a worker who-- (aa) is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); (bb) is directly involved in the production of a vehicle; and (cc) is not a manager, engineer, or involved in research and development, or does not have a skilled trade. (II) Industry standard wage rate.-- The term ``industry standard wage rate'', with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). (III) Top earning wage rate.--The term ``top earning wage rate'' means the value of the wage rate for which 75 percent of covered production workers earn less, as determined by the Secretary of Labor in accordance with clause (iv). (ii) Minimum wage rate.--Notwithstanding any other requirement in this section, the covered entity shall ensure that-- (I) the average rate of pay for all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities is not less than the industry standard wage rate for covered production workers; and (II) all covered production workers described in subclause (I) are paid not less than the rate in effect under subparagraph (A). (iii) Pathway to top earning wage rate.-- The covered entity shall ensure that all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities, are covered by a policy determined in a labor organization contract or a written company policy that provides, to the extent practicable, a pathway for such workers to earn the top earning wage rate not later than 7 years after beginning such employment. (iv) Determining wages of workers in the industry.--For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51-2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). (2) Neutrality toward organized labor.--The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities, have-- (A) an explicit policy of neutrality with regard to-- (i) labor organizing for the employees engaged in the covered activities; and (ii) such employees' choice to form and join labor organizations; and (B) policies that require-- (i) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq.); and (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (3) Paid family and medical leave.--The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have, an explicit policy providing all employees engaged in the covered activities not less than 12 workweeks of paid leave in a 12-month period for any purpose described in section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)), in accordance with regulations promulgated by the Secretary of Labor. (4) Fair scheduling.-- (A) In general.--The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have, an explicit policy for fair scheduling for employees engaged in the covered activities, which shall include-- (i) an opportunity for the employee to request-- (I) an adjustment in the number of hours, work location, or times of the employee's work schedule; (II) a change in the amount of notification provided to the employee regarding the work schedule; or (III) the minimizing of fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; and (ii) a timely, good faith interactive process through which the covered entity, or contractor or subcontractor, and employee discuss the employee's request under clause (i) and the covered entity, or contractor or subcontractor, grants the request or suggests any alternatives that might meet the employee's needs. (B) Exception.--Subparagraph (A) shall not apply to any employee covered by a valid collective bargaining agreement if-- (i) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (ii) the provisions of this paragraph are expressly waived in such collective bargaining agreement. (5) Preference for local hiring.--The covered entity shall have, and ensure that all contractors and subcontractors with respect to the covered activities have, explicit policies that provide a preference for local hiring for individuals engaged in the covered activities, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor. (6) Employee classification.--The covered entity shall consider, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities consider, an individual performing any service for remuneration for the covered entity, or contractor or subcontractor, in the performance of the covered activities as an employee (and not an independent contractor) of the covered entity, or contractor or subcontractor, unless-- (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (B) the service is performed outside the usual course of the business of the covered entity or the contractor or subcontractor; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. SEC. 7. GREEN PROCUREMENT OVERSIGHT ADVISORY BOARD. (a) In General.--There is established a Green Procurement Oversight Advisory Board within the Department of Energy. (b) Coordination.--The Oversight Advisory Board shall carry out its activities in coordination with the Office of Federal Sustainability and the Office of Management and Budget. (c) Membership.--The members of the Oversight Advisory Board shall-- (1) be appointed by the Secretary of Energy; and (2) consist of-- (A) experts on procurement and clean energy, including scientists, from Federal and State agencies; (B) 1 or more representatives from-- (i) each of-- (I) the Office of Science and Technology Policy; (II) the General Services Administration; and (III) the Council on Environmental Quality; (ii) environmental justice organizations; and (iii) unionized labor groups; and (C) chief financial officers of private companies. (d) Functions.--The Oversight Advisory Board shall-- (1) oversee the procurement of covered products by Federal agencies pursuant to this Act, including to ensure that procurement of those products is carried out-- (A) efficiently and in accordance with relevant contracting and labor laws, including open competition requirements; (B) in compliance with relevant conflict of interest requirements; (C) in a manner that-- (i) promotes open competition; and (ii) prevents frauds; and (D) by Federal agency personnel sufficiently trained to ensure responsible procurement practices pursuant to this Act and the goals of this Act; (2) offer recommendations relating to the selection of recipients of grants under the grant programs established under this Act, with the goal of ensuring that grant recipients will use the grant funds-- (A) efficiently and in accordance with relevant contracting and labor laws, including open competition requirements; (B) in compliance with relevant conflict of interest requirements; (C) in a manner that-- (i) promotes open competition; and (ii) prevents frauds; and (D) by personnel sufficiently trained to ensure responsible procurement practices pursuant to this Act and the goals of this Act; and (3) submit an annual report to the Comptroller General of the United States, Congress, and the President describing-- (A) the procurement of covered products by Federal agencies pursuant to this Act; and (B) the recommendations made by the Oversight Advisory Board under paragraph (2). (e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (f) Treatment as Advisory Committee.--The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. App.)). SEC. 8. OVERSIGHT BY COMPTROLLER GENERAL. The Comptroller General of the United States shall-- (1) conduct oversight of the funds appropriated under this Act to ensure transparency and compliance with all applicable requirements; and (2) shall make publicly available an annual report that-- (A) evaluates the efficacy of the programs established under this Act; and (B) makes recommendations for any improvements to those programs. <all>

Buy Green Act of 2021

A bill to support and fund the Federal procurement of clean energy products, and for other purposes.

Buy Green Act of 2021

Sen. Warren, Elizabeth

D

MA

This bill provides for federal procurement of clean energy products. Specifically, the bill establishes a Clean Energy Fund at the Department of Energy (DOE) and authorizes DOE to transfer amounts from the fund to federal agencies for clean energy-related purchases. The bill creates a grant program for state, local, and tribal governments to make such purchases. The bill (1) provides grants to electrify the federal vehicle fleet, to states and municipalities to electrify public transit and school buses, and to design, build, and retrofit buildings to be more energy efficient; and (2) establishes a grant program for U.S. companies to invest in clean energy manufacturing by retrofitting or building facilities that produce clean energy products. The bill (1) establishes specified labor protections applicable to projects funded by grants in this bill and for manufacturers of specified products; and (2) directs 40% of state, local, and tribal grant funding for grants provided by this bill to purchases that benefit frontline, disadvantaged, and vulnerable communities that have been environmentally neglected. The bill establishes within DOE a Green Procurement Oversight Advisory Board. The Government Accountability Office shall conduct oversight of the use of funds and publicly report on program efficacy each year.

2. (5) Eligible material.--The term ``eligible material'' means a material for which the Secretary establishes a maximum global warming potential under section 4(b). (6) Environmentally responsible.--The term ``environmentally responsible'', with respect to a facility or manufacturing capability, means that-- (A) the facility or manufacturing capability is in compliance with, or carried out in accordance with, as applicable, all relevant energy efficiency, environmental preference, and safety designations; and (B) in the case of a facility, the facility is built or retrofitted with materials that minimize the use of-- (i) energy; (ii) water; and (iii) material resources that produce pollutants or toxins, as determined by the Secretary. (12) Renewable energy source.--The term ``renewable energy source'' means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. (B) Wind. (13) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Duration of grant.--Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. (B) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means emissions of any of the following gases: (i) Carbon dioxide. (ii) Methane. (iii) Nitrous oxide. (8) Purchases from small businesses.--Of the amounts made available under subsection (j) in a fiscal year to carry out the grant program established under paragraph (2), the Secretary shall ensure that not less than 20 percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses. REQUIREMENTS FOR PROCUREMENT OF COVERED PRODUCTS. 6. LABOR REQUIREMENTS. (a) Definitions.--In this section: (1) Covered activities.--The term ``covered activities'' means-- (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. and section 3145 of title 40, United States Code. (II) Industry standard wage rate.-- The term ``industry standard wage rate'', with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). ); and (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. 7. (f) Treatment as Advisory Committee.--The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. SEC. OVERSIGHT BY COMPTROLLER GENERAL.

2. (5) Eligible material.--The term ``eligible material'' means a material for which the Secretary establishes a maximum global warming potential under section 4(b). (12) Renewable energy source.--The term ``renewable energy source'' means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. (B) Wind. (13) Secretary.--The term ``Secretary'' means the Secretary of Energy. (5) Duration of grant.--Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. (B) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means emissions of any of the following gases: (i) Carbon dioxide. (ii) Methane. (iii) Nitrous oxide. (8) Purchases from small businesses.--Of the amounts made available under subsection (j) in a fiscal year to carry out the grant program established under paragraph (2), the Secretary shall ensure that not less than 20 percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses. REQUIREMENTS FOR PROCUREMENT OF COVERED PRODUCTS. 6. LABOR REQUIREMENTS. (a) Definitions.--In this section: (1) Covered activities.--The term ``covered activities'' means-- (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. and section 3145 of title 40, United States Code. (II) Industry standard wage rate.-- The term ``industry standard wage rate'', with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). ); and (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. 7. (f) Treatment as Advisory Committee.--The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. SEC. OVERSIGHT BY COMPTROLLER GENERAL.

2. 632)). (5) Eligible material.--The term ``eligible material'' means a material for which the Secretary establishes a maximum global warming potential under section 4(b). (6) Environmentally responsible.--The term ``environmentally responsible'', with respect to a facility or manufacturing capability, means that-- (A) the facility or manufacturing capability is in compliance with, or carried out in accordance with, as applicable, all relevant energy efficiency, environmental preference, and safety designations; and (B) in the case of a facility, the facility is built or retrofitted with materials that minimize the use of-- (i) energy; (ii) water; and (iii) material resources that produce pollutants or toxins, as determined by the Secretary. (8) Frontline, vulnerable, and disadvantaged community.-- The term ``frontline, vulnerable, and disadvantaged community'' means a community-- (A) in an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. (12) Renewable energy source.--The term ``renewable energy source'' means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. (B) Wind. (13) Secretary.--The term ``Secretary'' means the Secretary of Energy. CLEAN ENERGY FUND. (5) Duration of grant.--Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. (B) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means emissions of any of the following gases: (i) Carbon dioxide. (ii) Methane. (iii) Nitrous oxide. (8) Purchases from small businesses.--Of the amounts made available under subsection (j) in a fiscal year to carry out the grant program established under paragraph (2), the Secretary shall ensure that not less than 20 percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses. (e) Federal Building Activities.--The Federal building activities referred to in subsection (b) are, with respect to a Federal agency, activities-- (1) to construct new, modern Federal buildings of that Federal agency, including new hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, that are sustainable and resilient, including through the purchase of low-carbon materials for that construction; and (2) to modernize, and improve the sustainability and resilience of, Federal buildings of that Federal agency, including hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, including through-- (A) the purchase of low-carbon materials for retrofitting, remodeling, or otherwise improving Federal buildings; and (B) the purchase of clean power for Federal buildings. DEPARTMENT OF ENERGY. REQUIREMENTS FOR PROCUREMENT OF COVERED PRODUCTS. 6. LABOR REQUIREMENTS. (a) Definitions.--In this section: (1) Covered activities.--The term ``covered activities'' means-- (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. and section 3145 of title 40, United States Code. (II) Industry standard wage rate.-- The term ``industry standard wage rate'', with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). ); and (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (6) Employee classification.--The covered entity shall consider, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities consider, an individual performing any service for remuneration for the covered entity, or contractor or subcontractor, in the performance of the covered activities as an employee (and not an independent contractor) of the covered entity, or contractor or subcontractor, unless-- (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (B) the service is performed outside the usual course of the business of the covered entity or the contractor or subcontractor; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. 7. (f) Treatment as Advisory Committee.--The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. SEC. OVERSIGHT BY COMPTROLLER GENERAL.

This Act may be cited as the ``Buy Green Act of 2021''. 2. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. 632)). (5) Eligible material.--The term ``eligible material'' means a material for which the Secretary establishes a maximum global warming potential under section 4(b). (6) Environmentally responsible.--The term ``environmentally responsible'', with respect to a facility or manufacturing capability, means that-- (A) the facility or manufacturing capability is in compliance with, or carried out in accordance with, as applicable, all relevant energy efficiency, environmental preference, and safety designations; and (B) in the case of a facility, the facility is built or retrofitted with materials that minimize the use of-- (i) energy; (ii) water; and (iii) material resources that produce pollutants or toxins, as determined by the Secretary. (8) Frontline, vulnerable, and disadvantaged community.-- The term ``frontline, vulnerable, and disadvantaged community'' means a community-- (A) in an area described in section 301(a) of the Public Works and Economic Development Act of 1965 (42 U.S.C. (12) Renewable energy source.--The term ``renewable energy source'' means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. (B) Wind. (13) Secretary.--The term ``Secretary'' means the Secretary of Energy. CLEAN ENERGY FUND. (5) Duration of grant.--Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. (B) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means emissions of any of the following gases: (i) Carbon dioxide. (ii) Methane. (iii) Nitrous oxide. (v) Perfluorocarbons. 151 et seq.) (8) Purchases from small businesses.--Of the amounts made available under subsection (j) in a fiscal year to carry out the grant program established under paragraph (2), the Secretary shall ensure that not less than 20 percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses. (e) Federal Building Activities.--The Federal building activities referred to in subsection (b) are, with respect to a Federal agency, activities-- (1) to construct new, modern Federal buildings of that Federal agency, including new hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, that are sustainable and resilient, including through the purchase of low-carbon materials for that construction; and (2) to modernize, and improve the sustainability and resilience of, Federal buildings of that Federal agency, including hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, including through-- (A) the purchase of low-carbon materials for retrofitting, remodeling, or otherwise improving Federal buildings; and (B) the purchase of clean power for Federal buildings. (j) Authorization of Appropriations.--There is authorized to be appropriated to the Fund $1,500,000,000,000 for the period of fiscal years 2022 through 2031, to remain available until January 1, 2042, of which not less than-- (1) $750,000,000,000 shall be used to carry out the grant program established under subsection (c); and (2) $250,000,000,000 shall be used to carry out the grant program established under subsection (d). DEPARTMENT OF ENERGY. REQUIREMENTS FOR PROCUREMENT OF COVERED PRODUCTS. 6. LABOR REQUIREMENTS. (a) Definitions.--In this section: (1) Covered activities.--The term ``covered activities'' means-- (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. App.) and section 3145 of title 40, United States Code. (II) Industry standard wage rate.-- The term ``industry standard wage rate'', with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). (iii) Pathway to top earning wage rate.-- The covered entity shall ensure that all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities, are covered by a policy determined in a labor organization contract or a written company policy that provides, to the extent practicable, a pathway for such workers to earn the top earning wage rate not later than 7 years after beginning such employment. ); and (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (6) Employee classification.--The covered entity shall consider, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities consider, an individual performing any service for remuneration for the covered entity, or contractor or subcontractor, in the performance of the covered activities as an employee (and not an independent contractor) of the covered entity, or contractor or subcontractor, unless-- (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (B) the service is performed outside the usual course of the business of the covered entity or the contractor or subcontractor; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. 7. (f) Treatment as Advisory Committee.--The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. SEC. OVERSIGHT BY COMPTROLLER GENERAL.

To support and fund the Federal procurement of clean energy products, and for other purposes. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. ( 6294a); (vii) is an electronics product bearing the EPEAT certification; or (viii) is an energy-storage technology. ( 7) Federal building.--The term ``Federal building'' has the meaning given the term in section 551 of the National Energy Conservation Policy Act (42 U.S.C. 8259). 9) Fund.--The term ``Fund'' means the Clean Energy Fund established under section 3(a). ( 12) Renewable energy source.--The term ``renewable energy source'' means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. ( (E) Hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project that was placed in service on or after January 1, 1999. ( 13) Secretary.--The term ``Secretary'' means the Secretary of Energy. ( 2) Purchases from small businesses.--Of the amounts from the Fund made available to a Federal agency in a fiscal year, the head of the Federal agency shall ensure that not less than 20 percent is used to purchase covered products from small businesses and covered small businesses. (c) State, Tribal, and Local Government Grant Program.-- (1) In general.--Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. ( 2) Selection of grant recipients.--The Secretary shall-- (A) share with the Oversight Advisory Board applications received under the grant program established under paragraph (1); and (B) in coordination with the Secretary of the Treasury, select grant recipients under that program after receiving the recommendations of the Oversight Advisory Board relating to grant recipients. 4) Priority for school bus electrification.--In providing grants under paragraph (1), the Secretary shall give priority to States, Indian Tribes, and units of local government that will use the grant for the electrification of school buses in frontline, vulnerable, and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable. (5) Duration of grant.--Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. ( iv) Hydrofluorocarbons. ( 3) Selection of grant recipients.--In providing grants under paragraph (2), the Secretary shall-- (A) share grant applications with the Oversight Advisory Board; (B) select grant recipients after receiving the recommendations of the Oversight Advisory Board relating to grant recipients; (C) consider-- (i) any labor, health or safety, or discrimination charges filed against the eligible entity in the preceding 2 years; (ii) any violations of the National Labor Relations Act (29 U.S.C. 151 et seq.) reported to the National Labor Relations Board in the preceding 2 years; (iii) as applicable, whether wages and benefits for auto workers are not less than the industry standards for wages and benefits for auto workers who are represented by a labor organization; (iv) whether jobs created for purposes of activities supported through the grant will be permanent positions, rather than temporary or contingent positions; (v) whether training required under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) 4) Requirement.--An eligible entity receiving a grant under paragraph (2) shall comply with the labor requirements under section 6 with respect to the activities carried out using, or otherwise supported by, the grant. 6) Certifications.--The Secretary shall require that any application for a grant under paragraph (2) shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph (1) of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. ( 7) Goal.--In carrying out this subsection, the Secretary shall strive to achieve a continuous reduction of greenhouse gas emissions over time. ( (f) Replacement of Federal Fleet.--Using amounts from the Fund, the Administrator of General Services shall purchase zero-emission vehicles to replace the existing Federal fleet (as defined by the term ``fleet'' in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) so that by the end of fiscal year 2030 the entire Federal fleet consists of zero-emission vehicles. ( h) Buy American.-- (1) In general.--Chapter 83 of title 41, United States Code, shall apply with respect to purchases of covered products made pursuant to this section-- (A) by a Federal agency; and (B) in the case of purchases by a non-Federal entity, in the same manner in which that chapter applies to the Federal Government. ( (i) Report.--Not less frequently than once each fiscal year, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report that-- (1) describes the activities carried out using amounts in the Fund, including data on the clean power purchased under subsection (e)(2)(B); (2) includes data on the covered products purchased pursuant to those activities; and (3) includes data on compliance with subsection (h). ( a) Senior Procurement Officer.--The Secretary shall-- (1) be designated as the senior procurement officer for the Department of Energy; and (2) coordinate with the Director of the Office of Management and Budget in carrying out procurement for the Department of Energy. (b) Maximum Acceptable Global Warming Potential of Eligible Materials.-- (1) Establishment.-- (A) In general.--Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register-- (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). ( II) Determination.--The Secretary shall determine the industry average described in subclause (I) for an eligible material by consulting nationally or internationally recognized databases of environmental product declarations. ( (2) Review and adjustment.-- (A) In general.--Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary-- (i) shall review the maximum acceptable global warming potential established under paragraph (1) for each eligible material; and (ii) may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. ( C) Prohibition.--After establishing the maximum acceptable global warming potential for an eligible material under paragraph (1), the Secretary may not adjust that maximum acceptable global warming potential upward. LABOR REQUIREMENTS. ( a) Definitions.--In this section: (1) Covered activities.--The term ``covered activities'' means-- (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. ( (B) Calculation.--In calculating the annual percentage increase in the median hourly wage of all employees for purposes of subparagraph (A)(ii)(I), the Secretary of Labor, through the Bureau of Labor Statistics, shall-- (i) compile data on the hourly wages of all employees to determine such a median hourly wage; and (ii) compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year. ( C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (D) Requirements applicable to vehicle production.-- (i) Definitions.--In this subparagraph: (I) Covered production worker.--The term ``covered production worker'' means a worker who-- (aa) is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); (bb) is directly involved in the production of a vehicle; and (cc) is not a manager, engineer, or involved in research and development, or does not have a skilled trade. ( II) Industry standard wage rate.-- The term ``industry standard wage rate'', with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). ( (iii) Pathway to top earning wage rate.-- The covered entity shall ensure that all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities, are covered by a policy determined in a labor organization contract or a written company policy that provides, to the extent practicable, a pathway for such workers to earn the top earning wage rate not later than 7 years after beginning such employment. ( iv) Determining wages of workers in the industry.--For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51-2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). (2) Neutrality toward organized labor.--The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities, have-- (A) an explicit policy of neutrality with regard to-- (i) labor organizing for the employees engaged in the covered activities; and (ii) such employees' choice to form and join labor organizations; and (B) policies that require-- (i) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq. ); and (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. ( B) Exception.--Subparagraph (A) shall not apply to any employee covered by a valid collective bargaining agreement if-- (i) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (ii) the provisions of this paragraph are expressly waived in such collective bargaining agreement. (5) Preference for local hiring.--The covered entity shall have, and ensure that all contractors and subcontractors with respect to the covered activities have, explicit policies that provide a preference for local hiring for individuals engaged in the covered activities, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor. ( a) In General.--There is established a Green Procurement Oversight Advisory Board within the Department of Energy. ( (c) Membership.--The members of the Oversight Advisory Board shall-- (1) be appointed by the Secretary of Energy; and (2) consist of-- (A) experts on procurement and clean energy, including scientists, from Federal and State agencies; (B) 1 or more representatives from-- (i) each of-- (I) the Office of Science and Technology Policy; (II) the General Services Administration; and (III) the Council on Environmental Quality; (ii) environmental justice organizations; and (iii) unionized labor groups; and (C) chief financial officers of private companies. (e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. ( f) Treatment as Advisory Committee.--The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. App.)).

To support and fund the Federal procurement of clean energy products, and for other purposes. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. ( 6294a); (vii) is an electronics product bearing the EPEAT certification; or (viii) is an energy-storage technology. ( 7) Federal building.--The term ``Federal building'' has the meaning given the term in section 551 of the National Energy Conservation Policy Act (42 U.S.C. 8259). ( (10) Global warming potential.--The term ``global warming potential'', with respect to an eligible material, means a measure that indicates how much energy the emissions of 1 ton of gases associated with the life cycle of that eligible material, including the manufacture, use, and disposal of that eligible material, will absorb, on average, over a given period of time, relative to the emissions of 1 ton of carbon dioxide. ( 12) Renewable energy source.--The term ``renewable energy source'' means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. ( C) Ocean, including tidal, wave, current, and thermal. ( 2) Purchases from small businesses.--Of the amounts from the Fund made available to a Federal agency in a fiscal year, the head of the Federal agency shall ensure that not less than 20 percent is used to purchase covered products from small businesses and covered small businesses. ( c) State, Tribal, and Local Government Grant Program.-- (1) In general.--Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. ( 4) Priority for school bus electrification.--In providing grants under paragraph (1), the Secretary shall give priority to States, Indian Tribes, and units of local government that will use the grant for the electrification of school buses in frontline, vulnerable, and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable. ( 5) Duration of grant.--Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. ( (B) Greenhouse gas emissions.--The term ``greenhouse gas emissions'' means emissions of any of the following gases: (i) Carbon dioxide. ( v) Perfluorocarbons. ( 4) Requirement.--An eligible entity receiving a grant under paragraph (2) shall comply with the labor requirements under section 6 with respect to the activities carried out using, or otherwise supported by, the grant. ( 6) Certifications.--The Secretary shall require that any application for a grant under paragraph (2) shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph (1) of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. ( f) Replacement of Federal Fleet.--Using amounts from the Fund, the Administrator of General Services shall purchase zero-emission vehicles to replace the existing Federal fleet (as defined by the term ``fleet'' in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) so that by the end of fiscal year 2030 the entire Federal fleet consists of zero-emission vehicles. ( g) Priority for Purchasing Covered Products.--A Federal agency, State, Indian Tribe, or unit of local government purchasing covered products pursuant to this section shall give priority to purchasing covered products that-- (1) are made from renewable and recycled resources (including biobased products); (2) have lower lifecycle emissions than comparable products; and (3) are designed for-- (A) reducing environmental impacts; and (B) recycling. (h) Buy American.-- (1) In general.--Chapter 83 of title 41, United States Code, shall apply with respect to purchases of covered products made pursuant to this section-- (A) by a Federal agency; and (B) in the case of purchases by a non-Federal entity, in the same manner in which that chapter applies to the Federal Government. ( b) Maximum Acceptable Global Warming Potential of Eligible Materials.-- (1) Establishment.-- (A) In general.--Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register-- (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). (B) Requirements.-- (i) Industry average.-- (I) In general.--The maximum acceptable global warming potential for an eligible material under subparagraph (A) shall be expressed as a number that is equal to the industry average of facility-specific global warming potential emissions for that eligible material, as determined under subclause (II). ( II) Determination.--The Secretary shall determine the industry average described in subclause (I) for an eligible material by consulting nationally or internationally recognized databases of environmental product declarations. ( LABOR REQUIREMENTS. ( a) Definitions.--In this section: (1) Covered activities.--The term ``covered activities'' means-- (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. ( B) Calculation.--In calculating the annual percentage increase in the median hourly wage of all employees for purposes of subparagraph (A)(ii)(I), the Secretary of Labor, through the Bureau of Labor Statistics, shall-- (i) compile data on the hourly wages of all employees to determine such a median hourly wage; and (ii) compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year. ( C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. and section 3145 of title 40, United States Code. ( ii) Minimum wage rate.--Notwithstanding any other requirement in this section, the covered entity shall ensure that-- (I) the average rate of pay for all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities is not less than the industry standard wage rate for covered production workers; and (II) all covered production workers described in subclause (I) are paid not less than the rate in effect under subparagraph (A). ( (iv) Determining wages of workers in the industry.--For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51-2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). ( 2) Neutrality toward organized labor.--The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities, have-- (A) an explicit policy of neutrality with regard to-- (i) labor organizing for the employees engaged in the covered activities; and (ii) such employees' choice to form and join labor organizations; and (B) policies that require-- (i) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq. ); B) Exception.--Subparagraph (A) shall not apply to any employee covered by a valid collective bargaining agreement if-- (i) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (ii) the provisions of this paragraph are expressly waived in such collective bargaining agreement. ( 5) Preference for local hiring.--The covered entity shall have, and ensure that all contractors and subcontractors with respect to the covered activities have, explicit policies that provide a preference for local hiring for individuals engaged in the covered activities, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor. GREEN PROCUREMENT OVERSIGHT ADVISORY BOARD. ( b) Coordination.--The Oversight Advisory Board shall carry out its activities in coordination with the Office of Federal Sustainability and the Office of Management and Budget. ( e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. ( f) Treatment as Advisory Committee.--The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. App.)).

To support and fund the Federal procurement of clean energy products, and for other purposes. c) State, Tribal, and Local Government Grant Program.-- (1) In general.--Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. ( 4) Priority for school bus electrification.--In providing grants under paragraph (1), the Secretary shall give priority to States, Indian Tribes, and units of local government that will use the grant for the electrification of school buses in frontline, vulnerable, and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable. ( 6) Certifications.--The Secretary shall require that any application for a grant under paragraph (2) shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph (1) of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. ( (h) Buy American.-- (1) In general.--Chapter 83 of title 41, United States Code, shall apply with respect to purchases of covered products made pursuant to this section-- (A) by a Federal agency; and (B) in the case of purchases by a non-Federal entity, in the same manner in which that chapter applies to the Federal Government. ( b) Maximum Acceptable Global Warming Potential of Eligible Materials.-- (1) Establishment.-- (A) In general.--Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register-- (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). ( ( C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. 2) Neutrality toward organized labor.--The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities, have-- (A) an explicit policy of neutrality with regard to-- (i) labor organizing for the employees engaged in the covered activities; and (ii) such employees' choice to form and join labor organizations; and (B) policies that require-- (i) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq. ); B) Exception.--Subparagraph (A) shall not apply to any employee covered by a valid collective bargaining agreement if-- (i) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (ii) the provisions of this paragraph are expressly waived in such collective bargaining agreement. ( e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

To support and fund the Federal procurement of clean energy products, and for other purposes. 3) Selection of grant recipients.--In providing grants under paragraph (2), the Secretary shall-- (A) share grant applications with the Oversight Advisory Board; (B) select grant recipients after receiving the recommendations of the Oversight Advisory Board relating to grant recipients; (C) consider-- (i) any labor, health or safety, or discrimination charges filed against the eligible entity in the preceding 2 years; (ii) any violations of the National Labor Relations Act (29 U.S.C. 151 et seq.) 6) Certifications.--The Secretary shall require that any application for a grant under paragraph (2) shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph (1) of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. ( ( f) Replacement of Federal Fleet.--Using amounts from the Fund, the Administrator of General Services shall purchase zero-emission vehicles to replace the existing Federal fleet (as defined by the term ``fleet'' in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211)) so that by the end of fiscal year 2030 the entire Federal fleet consists of zero-emission vehicles. ( ( ( ( b) Maximum Acceptable Global Warming Potential of Eligible Materials.-- (1) Establishment.-- (A) In general.--Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register-- (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). ( ( ( 2) Review and adjustment.-- (A) In general.--Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary-- (i) shall review the maximum acceptable global warming potential established under paragraph (1) for each eligible material; and (ii) may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. ( ( ( C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. ( D) Requirements applicable to vehicle production.-- (i) Definitions.--In this subparagraph: (I) Covered production worker.--The term ``covered production worker'' means a worker who-- (aa) is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); (bb) is directly involved in the production of a vehicle; and (cc) is not a manager, engineer, or involved in research and development, or does not have a skilled trade. ( ( ( ( iv) Determining wages of workers in the industry.--For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51-2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). ( 5) Preference for local hiring.--The covered entity shall have, and ensure that all contractors and subcontractors with respect to the covered activities have, explicit policies that provide a preference for local hiring for individuals engaged in the covered activities, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor. ( ( (c) Membership.--The members of the Oversight Advisory Board shall-- (1) be appointed by the Secretary of Energy; and (2) consist of-- (A) experts on procurement and clean energy, including scientists, from Federal and State agencies; (B) 1 or more representatives from-- (i) each of-- (I) the Office of Science and Technology Policy; (II) the General Services Administration; and (III) the Council on Environmental Quality; (ii) environmental justice organizations; and (iii) unionized labor groups; and (C) chief financial officers of private companies. ( e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

To support and fund the Federal procurement of clean energy products, and for other purposes. c) State, Tribal, and Local Government Grant Program.-- (1) In general.--Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. ( 4) Priority for school bus electrification.--In providing grants under paragraph (1), the Secretary shall give priority to States, Indian Tribes, and units of local government that will use the grant for the electrification of school buses in frontline, vulnerable, and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable. ( 6) Certifications.--The Secretary shall require that any application for a grant under paragraph (2) shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph (1) of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. ( (h) Buy American.-- (1) In general.--Chapter 83 of title 41, United States Code, shall apply with respect to purchases of covered products made pursuant to this section-- (A) by a Federal agency; and (B) in the case of purchases by a non-Federal entity, in the same manner in which that chapter applies to the Federal Government. ( b) Maximum Acceptable Global Warming Potential of Eligible Materials.-- (1) Establishment.-- (A) In general.--Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register-- (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). ( ( C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. 2) Neutrality toward organized labor.--The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities, have-- (A) an explicit policy of neutrality with regard to-- (i) labor organizing for the employees engaged in the covered activities; and (ii) such employees' choice to form and join labor organizations; and (B) policies that require-- (i) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act (29 U.S.C. 151 et seq. ); B) Exception.--Subparagraph (A) shall not apply to any employee covered by a valid collective bargaining agreement if-- (i) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (ii) the provisions of this paragraph are expressly waived in such collective bargaining agreement. ( e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

To support and fund the Federal procurement of clean energy products, and for other purposes. 3) Selection of grant recipients.--In providing grants under paragraph (2), the Secretary shall-- (A) share grant applications with the Oversight Advisory Board; (B) select grant recipients after receiving the recommendations of the Oversight Advisory Board relating to grant recipients; (C) consider-- (i) any labor, health or safety, or discrimination charges filed against the eligible entity in the preceding 2 years; (ii) any violations of the National Labor Relations Act (29 U.S.C. 151 et seq.) ( ( ( ( b) Maximum Acceptable Global Warming Potential of Eligible Materials.-- (1) Establishment.-- (A) In general.--Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register-- (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). ( ( ( 2) Review and adjustment.-- (A) In general.--Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary-- (i) shall review the maximum acceptable global warming potential established under paragraph (1) for each eligible material; and (ii) may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. ( ( ( ( D) Requirements applicable to vehicle production.-- (i) Definitions.--In this subparagraph: (I) Covered production worker.--The term ``covered production worker'' means a worker who-- (aa) is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); (bb) is directly involved in the production of a vehicle; and (cc) is not a manager, engineer, or involved in research and development, or does not have a skilled trade. ( ( ( ( iv) Determining wages of workers in the industry.--For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51-2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). ( ( ( (c) Membership.--The members of the Oversight Advisory Board shall-- (1) be appointed by the Secretary of Energy; and (2) consist of-- (A) experts on procurement and clean energy, including scientists, from Federal and State agencies; (B) 1 or more representatives from-- (i) each of-- (I) the Office of Science and Technology Policy; (II) the General Services Administration; and (III) the Council on Environmental Quality; (ii) environmental justice organizations; and (iii) unionized labor groups; and (C) chief financial officers of private companies. ( e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

To support and fund the Federal procurement of clean energy products, and for other purposes. c) State, Tribal, and Local Government Grant Program.-- (1) In general.--Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. ( ( ( C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

To support and fund the Federal procurement of clean energy products, and for other purposes. 2) Review and adjustment.-- (A) In general.--Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary-- (i) shall review the maximum acceptable global warming potential established under paragraph (1) for each eligible material; and (ii) may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. ( ( ( ( D) Requirements applicable to vehicle production.-- (i) Definitions.--In this subparagraph: (I) Covered production worker.--The term ``covered production worker'' means a worker who-- (aa) is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); (bb) is directly involved in the production of a vehicle; and (cc) is not a manager, engineer, or involved in research and development, or does not have a skilled trade. ( ( ( ( iv) Determining wages of workers in the industry.--For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51-2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). ( ( ( ( ( e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

To support and fund the Federal procurement of clean energy products, and for other purposes. c) State, Tribal, and Local Government Grant Program.-- (1) In general.--Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. ( ( ( C) Requirements applicable to construction.-- Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

To support and fund the Federal procurement of clean energy products, and for other purposes. 2) Review and adjustment.-- (A) In general.--Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary-- (i) shall review the maximum acceptable global warming potential established under paragraph (1) for each eligible material; and (ii) may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. ( ( ( ( D) Requirements applicable to vehicle production.-- (i) Definitions.--In this subparagraph: (I) Covered production worker.--The term ``covered production worker'' means a worker who-- (aa) is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); (bb) is directly involved in the production of a vehicle; and (cc) is not a manager, engineer, or involved in research and development, or does not have a skilled trade. ( ( ( ( iv) Determining wages of workers in the industry.--For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51-2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). ( ( ( ( ( e) Authorities.--The Oversight Advisory Board-- (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (

H.R.1611

Health

Prevent Interruptions in Physical Therapy Act of 2021 This bill allows a physical therapist to receive payment under Medicare for services provided to the physical therapist's patients by another physical therapist through a qualifying temporary arrangement, regardless of the geographic area or population served. Currently, physical therapists may only receive payment with respect to such arrangements for services provided in medically underserved, rural, or health professional shortage areas.

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Interruptions in Physical Therapy Act of 2021''. SEC. 2. ALLOWING PHYSICAL THERAPISTS TO UTILIZE LOCUM TENENS ARRANGEMENTS UNDER MEDICARE. (a) In General.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended by striking ``, and (J)'' and all that follows through ``physicians' services furnished by physicians.'' and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act. <all>

Prevent Interruptions in Physical Therapy Act of 2021

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare.

Prevent Interruptions in Physical Therapy Act of 2021

Rep. Bilirakis, Gus M.

R

FL

This bill allows a physical therapist to receive payment under Medicare for services provided to the physical therapist's patients by another physical therapist through a qualifying temporary arrangement, regardless of the geographic area or population served. Currently, physical therapists may only receive payment with respect to such arrangements for services provided in medically underserved, rural, or health professional shortage areas.

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Interruptions in Physical Therapy Act of 2021''. SEC. 2. ALLOWING PHYSICAL THERAPISTS TO UTILIZE LOCUM TENENS ARRANGEMENTS UNDER MEDICARE. (a) In General.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended by striking ``, and (J)'' and all that follows through ``physicians' services furnished by physicians.'' and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act. <all>

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Interruptions in Physical Therapy Act of 2021''. SEC. 2. ALLOWING PHYSICAL THERAPISTS TO UTILIZE LOCUM TENENS ARRANGEMENTS UNDER MEDICARE. (a) In General.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended by striking ``, and (J)'' and all that follows through ``physicians' services furnished by physicians.'' and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act. <all>

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Interruptions in Physical Therapy Act of 2021''. SEC. 2. ALLOWING PHYSICAL THERAPISTS TO UTILIZE LOCUM TENENS ARRANGEMENTS UNDER MEDICARE. (a) In General.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended by striking ``, and (J)'' and all that follows through ``physicians' services furnished by physicians.'' and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act. <all>

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Interruptions in Physical Therapy Act of 2021''. SEC. 2. ALLOWING PHYSICAL THERAPISTS TO UTILIZE LOCUM TENENS ARRANGEMENTS UNDER MEDICARE. (a) In General.--The first sentence of section 1842(b)(6) of the Social Security Act (42 U.S.C. 1395u(b)(6)) is amended by striking ``, and (J)'' and all that follows through ``physicians' services furnished by physicians.'' and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act. <all>

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. and inserting ``, and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians' services furnished by physicians.''. (

S.1826

Health

Preventing Lead Poisoning Act of 2021 This bill requires coverage under the Children's Health Insurance Program (CHIP) of screening blood lead tests. Specifically, CHIP must cover a child's test once at the age of 12 months and once at the age of 24 months, or once between the ages of 24 months and 72 months if the child has never been assessed, as well as testing at such other times as recommended by a child's health care provider. The bill also provides statutory authority for these requirements (regarding testing intervals) for state Medicaid programs.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Lead Poisoning Act of 2021''. SEC. 2. REQUIRING A STATE CHILD HEALTH PLAN TO INCLUDE COVERAGE OF SCREENING BLOOD LEAD TESTS; CODIFICATION OF REQUIREMENT UNDER MEDICAID. (a) CHIP.-- (1) In general.--Section 2103 of the Social Security Act (42 U.S.C. 1397cc) is amended-- (A) in subsection (a), in the matter preceding paragraph (1), by striking ``paragraphs (5), (6), (7) and (8)'' and inserting ``paragraphs (5) through (12)''; and (B) in subsection (c), by adding at the end the following: ``(12) Coverage of screening blood lead tests.-- ``(A) In general.--The child health assistance provided to a targeted low-income child shall include coverage of screening blood lead tests appropriate for age and risk factors and at the times and in the amounts specified in subparagraph (B). ``(B) Specified times and amounts.--The times and amounts specified in this subparagraph are, with respect to coverage of screening blood lead tests and a targeted low-income child, the following: ``(i) 1 screening blood lead test at the age of 12 months; ``(ii) 1 screening blood lead test at the age of 24 months; ``(iii) in the case of a targeted low- income child with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and ``(iv) in the case of any targeted low- income child, 1 or more screening blood lead tests at other such times as are recommended by the child's health care provider.''. (2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 82), the following: ``(8)(A) The number of children provided a screening blood lead test appropriate for age and risk factors in accordance with paragraph (12) of section 2103(c), at the times and in the amounts specified in subparagraph (B) of such paragraph. ``(B) The number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for child health assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests.''. (B) Technical amendment.--Section 4302(b)(1)(B) of Public Law 111-148 is amended by inserting ``, as added by section 402(a) of Public Law 111-3,'' after ``(42 U.S.C. 1397hh(e))''. (3) Effective date.-- (A) In general.--Subject to subparagraphs (B) and (C), the amendments made by this subsection shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. (B) Exception for state legislation.--In the case of a State child health plan under title XXI of the Social Security Act (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this subsection, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. (b) Medicaid.-- (1) Specified times for screening blood lead tests.-- Section 1905(r) of the Social Security Act (42 U.S.C. 1396d(r)) is amended-- (A) in paragraph (1)(B)(iv), by inserting ``and at the times and in the amounts specified in paragraph (6)'' after ``factors''; and (B) by inserting after paragraph (5) the following: ``(6) The times and amounts specified in this paragraph are, with respect to coverage of screening blood lead tests and an individual, the following: ``(A) 1 screening blood lead test at the age of 12 months; ``(B) 1 screening blood lead test at the age of 24 months; ``(C) in the case of an individual with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and ``(D) in the case of any individual who is eligible under the plan and is under the age of 21, 1 or more screening blood lead tests at other such times as are recommended by the individual's health care provider.''. (2) Reporting requirements.--Section 1902(a)(43)(D) of such Act (42 U.S.C. 1396a(a)(43)(D)) is amended-- (A) in clause (iii), by striking ``section 2108(e) and'' and inserting ``section 2108(e),''; (B) in clause (iv), by striking the semicolon and inserting ``, and''; and (C) by inserting after clause (iv) the following: ``(v)(I) the number of children provided a screening blood lead test appropriate for age and risk factors in accordance with paragraph (1)(B)(iv) of section 1905(r), at the times and in the amounts specified in paragraph (6) of such section, and ``(II) the number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for medical assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests;''. (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. SEC. 3. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. Section 317O of the Public Health Service Act (42 U.S.C. 247b-16) is amended-- (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; (2) by inserting after subsection (b) the following: ``(c) Grants for Purposes of State Coordination.--For purposes of supporting State coordination of operations and activities as described in subsection (b), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award additional grants to States receiving amounts under subsection (a) to support the following activities in such States: ``(1) Development or maintenance of a State-based registry of data related to blood lead testing of children up to 6 years of age, which includes data on the number of children up 72 months of age tested for lead, the prevalence of confirmed elevated blood lead levels in tested children less than 6 years of age, and the insurance status of children tested for lead at less than 6 years of age. ``(2) Development or maintenance of data-linking capabilities between the State health department and State Medicaid office with respect to blood lead testing for children up to 72 months of age. ``(3) Regular reporting, as defined by the Secretary, of blood lead testing data for children up to 72 months of age regardless of the payor or source of funding for such blood lead testing. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies.''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''. <all>

Preventing Lead Poisoning Act of 2021

A bill to amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes.

Preventing Lead Poisoning Act of 2021

Sen. Menendez, Robert

D

NJ

This bill requires coverage under the Children's Health Insurance Program (CHIP) of screening blood lead tests. Specifically, CHIP must cover a child's test once at the age of 12 months and once at the age of 24 months, or once between the ages of 24 months and 72 months if the child has never been assessed, as well as testing at such other times as recommended by a child's health care provider. The bill also provides statutory authority for these requirements (regarding testing intervals) for state Medicaid programs.

SHORT TITLE. ``(B) Specified times and amounts.--The times and amounts specified in this subparagraph are, with respect to coverage of screening blood lead tests and a targeted low-income child, the following: ``(i) 1 screening blood lead test at the age of 12 months; ``(ii) 1 screening blood lead test at the age of 24 months; ``(iii) in the case of a targeted low- income child with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and ``(iv) in the case of any targeted low- income child, 1 or more screening blood lead tests at other such times as are recommended by the child's health care provider.''. (2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh(e))''. (B) Exception for state legislation.--In the case of a State child health plan under title XXI of the Social Security Act (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this subsection, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. SEC. 3. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

SHORT TITLE. ``(B) Specified times and amounts.--The times and amounts specified in this subparagraph are, with respect to coverage of screening blood lead tests and a targeted low-income child, the following: ``(i) 1 screening blood lead test at the age of 12 months; ``(ii) 1 screening blood lead test at the age of 24 months; ``(iii) in the case of a targeted low- income child with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and ``(iv) in the case of any targeted low- income child, 1 or more screening blood lead tests at other such times as are recommended by the child's health care provider.''. (2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh(e))''. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. SEC. 3. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. REQUIRING A STATE CHILD HEALTH PLAN TO INCLUDE COVERAGE OF SCREENING BLOOD LEAD TESTS; CODIFICATION OF REQUIREMENT UNDER MEDICAID. ``(B) Specified times and amounts.--The times and amounts specified in this subparagraph are, with respect to coverage of screening blood lead tests and a targeted low-income child, the following: ``(i) 1 screening blood lead test at the age of 12 months; ``(ii) 1 screening blood lead test at the age of 24 months; ``(iii) in the case of a targeted low- income child with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and ``(iv) in the case of any targeted low- income child, 1 or more screening blood lead tests at other such times as are recommended by the child's health care provider.''. (2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 1397hh(e))''. (B) Exception for state legislation.--In the case of a State child health plan under title XXI of the Social Security Act (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this subsection, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. 1396a(a)(43)(D)) is amended-- (A) in clause (iii), by striking ``section 2108(e) and'' and inserting ``section 2108(e),''; (B) in clause (iv), by striking the semicolon and inserting ``, and''; and (C) by inserting after clause (iv) the following: ``(v)(I) the number of children provided a screening blood lead test appropriate for age and risk factors in accordance with paragraph (1)(B)(iv) of section 1905(r), at the times and in the amounts specified in paragraph (6) of such section, and ``(II) the number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for medical assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests;''. (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. SEC. 3. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Lead Poisoning Act of 2021''. REQUIRING A STATE CHILD HEALTH PLAN TO INCLUDE COVERAGE OF SCREENING BLOOD LEAD TESTS; CODIFICATION OF REQUIREMENT UNDER MEDICAID. (a) CHIP.-- (1) In general.--Section 2103 of the Social Security Act (42 U.S.C. ``(B) Specified times and amounts.--The times and amounts specified in this subparagraph are, with respect to coverage of screening blood lead tests and a targeted low-income child, the following: ``(i) 1 screening blood lead test at the age of 12 months; ``(ii) 1 screening blood lead test at the age of 24 months; ``(iii) in the case of a targeted low- income child with no record of any screening blood lead test having been performed and who is between the ages of 24 months and 72 months, 1 screening blood lead test; and ``(iv) in the case of any targeted low- income child, 1 or more screening blood lead tests at other such times as are recommended by the child's health care provider.''. (2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 1397hh(e))''. (B) Exception for state legislation.--In the case of a State child health plan under title XXI of the Social Security Act (or a waiver of such plan), which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan (or waiver) to meet any requirement imposed by the amendments made by this subsection, the respective plan (or waiver) shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. 1396a(a)(43)(D)) is amended-- (A) in clause (iii), by striking ``section 2108(e) and'' and inserting ``section 2108(e),''; (B) in clause (iv), by striking the semicolon and inserting ``, and''; and (C) by inserting after clause (iv) the following: ``(v)(I) the number of children provided a screening blood lead test appropriate for age and risk factors in accordance with paragraph (1)(B)(iv) of section 1905(r), at the times and in the amounts specified in paragraph (6) of such section, and ``(II) the number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for medical assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests;''. (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. SEC. 3. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. 247b-16) is amended-- (1) by redesignating subsections (c) and (d) as subsections (e) and (f), respectively; (2) by inserting after subsection (b) the following: ``(c) Grants for Purposes of State Coordination.--For purposes of supporting State coordination of operations and activities as described in subsection (b), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award additional grants to States receiving amounts under subsection (a) to support the following activities in such States: ``(1) Development or maintenance of a State-based registry of data related to blood lead testing of children up to 6 years of age, which includes data on the number of children up 72 months of age tested for lead, the prevalence of confirmed elevated blood lead levels in tested children less than 6 years of age, and the insurance status of children tested for lead at less than 6 years of age. ``(2) Development or maintenance of data-linking capabilities between the State health department and State Medicaid office with respect to blood lead testing for children up to 72 months of age. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. This Act may be cited as the ``Preventing Lead Poisoning Act of 2021''. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. ``(B) The number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for child health assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests.''. ( B) Technical amendment.--Section 4302(b)(1)(B) of Public Law 111-148 is amended by inserting ``, as added by section 402(a) of Public Law 111-3,'' after ``(42 U.S.C. 1397hh(e))''. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. ( C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(2) Development or maintenance of data-linking capabilities between the State health department and State Medicaid office with respect to blood lead testing for children up to 72 months of age. ``(3) Regular reporting, as defined by the Secretary, of blood lead testing data for children up to 72 months of age regardless of the payor or source of funding for such blood lead testing. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 3) Effective date.-- (A) In general.--Subject to subparagraphs (B) and (C), the amendments made by this subsection shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. ( (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 3) Effective date.-- (A) In general.--Subject to subparagraphs (B) and (C), the amendments made by this subsection shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. ( (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. This Act may be cited as the ``Preventing Lead Poisoning Act of 2021''. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. ``(B) The number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for child health assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests.''. ( B) Technical amendment.--Section 4302(b)(1)(B) of Public Law 111-148 is amended by inserting ``, as added by section 402(a) of Public Law 111-3,'' after ``(42 U.S.C. 1397hh(e))''. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. ( C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(2) Development or maintenance of data-linking capabilities between the State health department and State Medicaid office with respect to blood lead testing for children up to 72 months of age. ``(3) Regular reporting, as defined by the Secretary, of blood lead testing data for children up to 72 months of age regardless of the payor or source of funding for such blood lead testing. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 3) Effective date.-- (A) In general.--Subject to subparagraphs (B) and (C), the amendments made by this subsection shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. ( (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. This Act may be cited as the ``Preventing Lead Poisoning Act of 2021''. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. ``(B) The number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for child health assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests.''. ( B) Technical amendment.--Section 4302(b)(1)(B) of Public Law 111-148 is amended by inserting ``, as added by section 402(a) of Public Law 111-3,'' after ``(42 U.S.C. 1397hh(e))''. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. ( C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(2) Development or maintenance of data-linking capabilities between the State health department and State Medicaid office with respect to blood lead testing for children up to 72 months of age. ``(3) Regular reporting, as defined by the Secretary, of blood lead testing data for children up to 72 months of age regardless of the payor or source of funding for such blood lead testing. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 3) Effective date.-- (A) In general.--Subject to subparagraphs (B) and (C), the amendments made by this subsection shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. ( (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. This Act may be cited as the ``Preventing Lead Poisoning Act of 2021''. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. ``(B) The number of screening blood lead tests conducted in the State in the fiscal year for all children eligible for child health assistance up to 72 months of age, without regard to the payor or source of funding for such screening blood lead tests.''. ( B) Technical amendment.--Section 4302(b)(1)(B) of Public Law 111-148 is amended by inserting ``, as added by section 402(a) of Public Law 111-3,'' after ``(42 U.S.C. 1397hh(e))''. ( For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. ( C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. GRANTS FOR LEAD POISONING RELATED ACTIVITIES. ``(2) Development or maintenance of data-linking capabilities between the State health department and State Medicaid office with respect to blood lead testing for children up to 72 months of age. ``(3) Regular reporting, as defined by the Secretary, of blood lead testing data for children up to 72 months of age regardless of the payor or source of funding for such blood lead testing. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. 87) as subsection (f); and (ii) by adding at the end of the subsection (e) added by section 402(a) of such Act (Public Law 111-3, 123 Stat. 3) Effective date.-- (A) In general.--Subject to subparagraphs (B) and (C), the amendments made by this subsection shall take effect with respect to child health assistance provided on or after the date that is 1 year after the date of the enactment of this Act. ( (C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( (c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments. ``(d) Best Practices.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall publish best practices for data collection standards related to childhood blood lead testing, with the aim of improving data standardization across relevant State agencies. ''; and (3) in subsection (f), as so redesignated, by striking ``such sums as may be necessary for each of the fiscal years 2001 through 2005'' and inserting ``$5,000,000 for each of fiscal years 2022 and 2023''.

To amend titles XIX and XXI of the Social Security Act to require a State child health plan to include coverage of screening blood lead tests, to codify such requirement under the Medicaid program, and for other purposes. 2) Reporting requirements.-- (A) In general.--Section 2108 of such Act (42 U.S.C. 1397hh) is amended-- (i) by redesignating the subsection (e) added by section 501(e)(2) of the Children's Health Insurance Program Reauthorization Act of 2009 (Public Law 111-3, 123 Stat. ( C) Technical amendment.--The amendment made by paragraph (2)(B) shall take effect as if included in the enactment of Public Law 111-148. ( c) Clarification.--None of the amendments made by this section shall be construed as prohibiting a State from providing coverage of screening blood lead tests under title XIX or XXI of the Social Security Act at a frequency that is greater than the frequency described in such amendments or to an individual outside of the ages described in such amendments.

S.2161

Armed Forces and National Security

Retain Skilled Veterans Act This bill modifies the restriction related to the appointment of retired members of the Armed Forces to certain civil service positions in the Department of Defense. Under the bill, the 180-day waiting period before a retired member may be appointed to a position only applies to those positions in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent).

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Skilled Veterans Act''. SEC. 2. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE ARMED FORCES TO CERTAIN POSITIONS IN THE DEPARTMENT OF DEFENSE. (a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting ``certain'' before ``positions''. <all>

Retain Skilled Veterans Act

A bill to modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level.

Retain Skilled Veterans Act

Sen. Lankford, James

R

OK

This bill modifies the restriction related to the appointment of retired members of the Armed Forces to certain civil service positions in the Department of Defense. Under the bill, the 180-day waiting period before a retired member may be appointed to a position only applies to those positions in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent).

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Skilled Veterans Act''. SEC. 2. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE ARMED FORCES TO CERTAIN POSITIONS IN THE DEPARTMENT OF DEFENSE. (a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting ``certain'' before ``positions''. <all>

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Skilled Veterans Act''. SEC. 2. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE ARMED FORCES TO CERTAIN POSITIONS IN THE DEPARTMENT OF DEFENSE. (a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting ``certain'' before ``positions''. <all>

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Skilled Veterans Act''. SEC. 2. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE ARMED FORCES TO CERTAIN POSITIONS IN THE DEPARTMENT OF DEFENSE. (a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting ``certain'' before ``positions''. <all>

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Skilled Veterans Act''. SEC. 2. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE ARMED FORCES TO CERTAIN POSITIONS IN THE DEPARTMENT OF DEFENSE. (a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting ``certain'' before ``positions''. <all>

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (

H.R.7997

Health

Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act This bill temporarily establishes geographic adjustments for certain Medicare Advantage payment formulations, and specifies that a certain percentage of corresponding payment increases must be directed toward payments for basic benefits. It also requires U.S. territories to establish Medicare Savings Programs (currently optional in the territories).

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act''. SEC. 2. ADDRESSING DISPARITIES IN MEDICARE ADVANTAGE BENCHMARK LEVELS BASED ON PENETRATION. (a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. For the purposes of the previous sentence, the Secretary may define the term `average geographic adjustment' under subparagraph (A) by program instruction or otherwise.''. (b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. SEC. 3. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES. Section 1905(p)(4) of the Social Security Act (42 U.S.C. 1396d(p)(4)) is amended by inserting ``for fiscal years through 2022'' after ``Columbia)''. <all>

Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee-for-service penetration and to make the Medicare Savings Program available in all jurisdictions.

Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act

Resident Commissioner González-Colón, Jenniffer

R

PR

This bill temporarily establishes geographic adjustments for certain Medicare Advantage payment formulations, and specifies that a certain percentage of corresponding payment increases must be directed toward payments for basic benefits. It also requires U.S. territories to establish Medicare Savings Programs (currently optional in the territories).

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act''. SEC. 2. ADDRESSING DISPARITIES IN MEDICARE ADVANTAGE BENCHMARK LEVELS BASED ON PENETRATION. (a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. For the purposes of the previous sentence, the Secretary may define the term `average geographic adjustment' under subparagraph (A) by program instruction or otherwise.''. (b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. SEC. 3. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES. Section 1905(p)(4) of the Social Security Act (42 U.S.C. 1396d(p)(4)) is amended by inserting ``for fiscal years through 2022'' after ``Columbia)''. <all>

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act''. SEC. 2. ADDRESSING DISPARITIES IN MEDICARE ADVANTAGE BENCHMARK LEVELS BASED ON PENETRATION. (a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. For the purposes of the previous sentence, the Secretary may define the term `average geographic adjustment' under subparagraph (A) by program instruction or otherwise.''. (b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. SEC. 3. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES. Section 1905(p)(4) of the Social Security Act (42 U.S.C. 1396d(p)(4)) is amended by inserting ``for fiscal years through 2022'' after ``Columbia)''. <all>

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act''. SEC. 2. ADDRESSING DISPARITIES IN MEDICARE ADVANTAGE BENCHMARK LEVELS BASED ON PENETRATION. (a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. For the purposes of the previous sentence, the Secretary may define the term `average geographic adjustment' under subparagraph (A) by program instruction or otherwise.''. (b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. SEC. 3. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES. Section 1905(p)(4) of the Social Security Act (42 U.S.C. 1396d(p)(4)) is amended by inserting ``for fiscal years through 2022'' after ``Columbia)''. <all>

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving Equity in the Treatment of Dual Eligible Beneficiaries Act''. SEC. 2. ADDRESSING DISPARITIES IN MEDICARE ADVANTAGE BENCHMARK LEVELS BASED ON PENETRATION. (a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. For the purposes of the previous sentence, the Secretary may define the term `average geographic adjustment' under subparagraph (A) by program instruction or otherwise.''. (b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. SEC. 3. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES. Section 1905(p)(4) of the Social Security Act (42 U.S.C. 1396d(p)(4)) is amended by inserting ``for fiscal years through 2022'' after ``Columbia)''. <all>

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. b) Ensuring Plan Payments Flow to Providers and Patients.--Section 1854(a)(6) of the Social Security Act (42 U.S.C. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''.

To amend title XVIII of the Social Security Act to establish a floor in Medicare Advantage benchmark rates for regions with low Medicare fee- for-service penetration and to make the Medicare Savings Program available in all jurisdictions. a) In General.--Section 1853(n) of the Social Security Act (42 U.S.C. 1395w-23(n)) is amended-- (1) in paragraph (1)(B), by striking ``subsequent year'' and inserting ``subsequent year, subject to paragraph (6),''; and (2) by adding at the end the following new paragraph: ``(6) Average geographic adjustment floor.--For 2024 and subsequent years, when calculating the adjusted average per capita cost under section 1876(a)(4) for the purposes of establishing the base payment amount specified in paragraph (2)(E), the average geographic adjustment shall not be less than 0.70 for any area. 1395w-24(a)(6)) is amended by adding at the end the following new subparagraph: ``(C) Ensuring increased payments support care.-- With respect to the increase in blended benchmark amount attributable to the application of section 1853(n)(6), no less than 50 percent shall be directed toward payment for basic benefits as defined in section 1852(a)(1)(B).''. EXPANDING THE MEDICARE SAVINGS PROGRAM TO THE TERRITORIES.

H.R.4562

Immigration

Migrant Child Trafficking Prevention and Accountability Act of 2021 This bill imposes sanctions on an alien parent (or guardian) of an unaccompanied alien child who arrives at any U.S. border or port of entry. Under current law, an alien may arrive in the United States (whether or not at a port of entry) and request asylum, subject to certain restrictions. If the parent is not a lawful permanent resident, that parent shall be permanently barred from adjusting immigration status and deemed inadmissible into the United States. In addition, such a parent shall be deemed to have violated certain crimes related to assisting or abetting an alien's attempt to enter into the United States in violation of immigration laws, even if the parent's actions would fall under an exception for a first offense in assisting or abetting certain family members. If the parent is a lawful permanent resident, that parent shall be ineligible for any federal public benefit.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Migrant Child Trafficking Prevention and Accountability Act of 2021''. SEC. 2. SANCTIONS. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. the United States: ``(1) Alien parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is an alien not described in paragraph (2), shall be-- ``(A) permanently barred from adjusting immigration status; ``(B) deemed to be inadmissible for purposes of section 212(a)(4) of the Immigration and Nationality Act; and ``(C) deemed, for purposes of the immigration laws, to have committed an offense described in section 101(a)(43)(N) of the Immigration and Nationality Act (except that for purposes of this paragraph, the limitation regarding a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) shall not apply). ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''. <all>

Migrant Child Trafficking Prevention and Accountability Act of 2021

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes.

Migrant Child Trafficking Prevention and Accountability Act of 2021

Rep. Gooden, Lance

R

TX

This bill imposes sanctions on an alien parent (or guardian) of an unaccompanied alien child who arrives at any U.S. border or port of entry. Under current law, an alien may arrive in the United States (whether or not at a port of entry) and request asylum, subject to certain restrictions. If the parent is not a lawful permanent resident, that parent shall be permanently barred from adjusting immigration status and deemed inadmissible into the United States. In addition, such a parent shall be deemed to have violated certain crimes related to assisting or abetting an alien's attempt to enter into the United States in violation of immigration laws, even if the parent's actions would fall under an exception for a first offense in assisting or abetting certain family members. If the parent is a lawful permanent resident, that parent shall be ineligible for any federal public benefit.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Migrant Child Trafficking Prevention and Accountability Act of 2021''. SEC. 2. SANCTIONS. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. the United States: ``(1) Alien parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is an alien not described in paragraph (2), shall be-- ``(A) permanently barred from adjusting immigration status; ``(B) deemed to be inadmissible for purposes of section 212(a)(4) of the Immigration and Nationality Act; and ``(C) deemed, for purposes of the immigration laws, to have committed an offense described in section 101(a)(43)(N) of the Immigration and Nationality Act (except that for purposes of this paragraph, the limitation regarding a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) shall not apply). ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''. <all>

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Migrant Child Trafficking Prevention and Accountability Act of 2021''. SEC. 2. SANCTIONS. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. the United States: ``(1) Alien parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is an alien not described in paragraph (2), shall be-- ``(A) permanently barred from adjusting immigration status; ``(B) deemed to be inadmissible for purposes of section 212(a)(4) of the Immigration and Nationality Act; and ``(C) deemed, for purposes of the immigration laws, to have committed an offense described in section 101(a)(43)(N) of the Immigration and Nationality Act (except that for purposes of this paragraph, the limitation regarding a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) shall not apply). ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''. <all>

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Migrant Child Trafficking Prevention and Accountability Act of 2021''. SEC. 2. SANCTIONS. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. the United States: ``(1) Alien parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is an alien not described in paragraph (2), shall be-- ``(A) permanently barred from adjusting immigration status; ``(B) deemed to be inadmissible for purposes of section 212(a)(4) of the Immigration and Nationality Act; and ``(C) deemed, for purposes of the immigration laws, to have committed an offense described in section 101(a)(43)(N) of the Immigration and Nationality Act (except that for purposes of this paragraph, the limitation regarding a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) shall not apply). ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''. <all>

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Migrant Child Trafficking Prevention and Accountability Act of 2021''. SEC. 2. SANCTIONS. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. the United States: ``(1) Alien parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is an alien not described in paragraph (2), shall be-- ``(A) permanently barred from adjusting immigration status; ``(B) deemed to be inadmissible for purposes of section 212(a)(4) of the Immigration and Nationality Act; and ``(C) deemed, for purposes of the immigration laws, to have committed an offense described in section 101(a)(43)(N) of the Immigration and Nationality Act (except that for purposes of this paragraph, the limitation regarding a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting, abetting, or aiding only the alien's spouse, child, or parent (and no other individual) shall not apply). ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''. <all>

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to.

To sanction the parents and guardians of unaccompanied alien minors, and for other purposes. Section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 is amended by adding at the end the following: ``(j) Sanctions.--In the case of an unaccompanied alien child who arrives at the arrived at any international border of, port of entry to, or place between any ports of entry to. ``(2) LPR parents.--Any parent or guardian of the unaccompanied alien child, if that parent or guardian is a lawful permanent resident, shall be ineligible for any Federal public benefit (as such term is defined in section 401(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996).''.

H.R.7721

Public Lands and Natural Resources

Hermit's Peak Fire Assistance Act This bill provides for monetary compensation to the victims of the prescribed fire burn in the Santa Fe National Forest in New Mexico that became a wildfire known as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire. Each victim of the Hermit's Peak Fire shall be entitled to receive monetary compensation from the United States, including for personal injury, loss of property, business loss, or financial loss. An Office of Hermit's Peak Fire Claims is established within the Federal Emergency Management Agency (FEMA) to receive, process, and pay claims to victims of the fire. FEMA or the independent claims manager (which FEMA may appoint) shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted by a victim of the Hermit's Peak Fire. Any claimant aggrieved by a final decision of FEMA concerning compensation may, not later than 60 days after the date on which the decision is issued, bring a civil action in the U.S. District Court for the District of New Mexico, to modify or set aside the decision.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) on April 6, 2022, the Forest Service initiated a prescribed burn on Federal land in the Santa Fe National Forest in San Miguel County, New Mexico, when erratic winds were prevalent in the area that was also suffering from severe drought after many years of insufficient precipitation; (2) on April 12, 2022, the prescribed burn, which became known as the ``Hermit's Peak Fire'', exceeded the containment capabilities of the Forest Service, was reclassified as a wildland burn, and spread to other Federal and non-Federal land, quickly becoming characterized as a wildfire; (3) on April 19, 2022, the Calf Canyon Fire, also in San Miguel County, New Mexico, began burning on Federal land; (4) on April 27, 2022, the Hermit's Peak Fire and the Calf Canyon Fire merged, and both fires were reported as the Hermit's Peak Fire or the Hermit's Peak/Calf Canyon Fire, which shall be referred to hereafter as the Hermit's Peak Fire; (5) by May 2, 2022, the fire had grown in size and caused evacuations in multiple villages and communities in San Miguel County and Mora County, including in the San Miguel county jail, the State's psychiatric hospital, the United World College, and New Mexico Highlands University; (6) on May 4, 2022, the President issued a major disaster declaration for the counties of Colfax, Mora, and San Miguel, New Mexico; (7) the fire resulted in the loss of Federal, State, local, Tribal, and private property; and (8) the United States should compensate the victims of the Hermit's Peak Fire. (b) Purposes.--The purposes of this Act are-- (1) to compensate victims of the fire at Hermit's Peak, New Mexico, for injuries resulting from the fire; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 4(a)(3), the Manager. (2) Hermit's peak fire.--The term ``Hermit's Peak Fire'' means the fire resulting from the initiation by the Forest Service of a prescribed burn in the Santa Fe National Forest in San Miguel County, New Mexico, on April 6, 2022, which subsequently merged with the Calf Canyon Fire, and both fires were reported as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire. (3) Indian tribe.--The term ``Indian Tribe'' means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). (4) Injured person.--The term ``injured person'' means-- (A) an individual, regardless of the citizenship or alien status of the individual; or (B) an Indian Tribe, corporation, Tribal corporation, partnership, company, association, county, township, city, State, school district, or other non- Federal entity (including a legal representative) that suffered injury resulting from the Hermit's Peak Fire. (5) Injury.--The term ``injury'' has the same meaning as the term ``injury or loss of property, or personal injury or death'' as used in section 1346(b)(1) of title 28, United States Code. (6) Manager.--The term ``Manager'' means an Independent Claims Manager appointed under section 4(a)(3). (7) Office.--The term ``Office'' means the Office of Hermit's Peak Fire Claims established by section 4(a)(2). (8) Tribal entity.--The term ``Tribal entity'' includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304). SEC. 4. COMPENSATION FOR VICTIMS OF HERMIT'S PEAK FIRE. (a) In General.-- (1) Compensation.--Each injured person shall be entitled to receive from the United States compensation for injury suffered by the injured person as a result of the Hermit's Peak Fire. (2) Office of hermit's peak fire claims.-- (A) In general.--There is established within the Federal Emergency Management Agency an Office of Hermit's Peak Fire Claims. (B) Purpose.--The Office shall receive, process, and pay claims in accordance with this title. (C) Funding.--The Office-- (i) shall be funded from funds made available to the Administrator under this Act; and (ii) may reimburse other Federal agencies for claims processing support and assistance. (3) Option to appoint independent claims manager.--The Administrator may appoint an Independent Claims Manager to-- (A) head the Office; and (B) assume the duties of the Administrator under this Act. (b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. (c) Investigation of Claims.-- (1) In general.--The Administrator shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted under subsection (b). (2) Applicability of state law.--Except as otherwise provided in this Act, the laws of the State of New Mexico shall apply to the calculation of damages under subsection (d)(4). (3) Extent of damages.--Any payment under this Act-- (A) shall be limited to actual compensatory damages measured by injuries suffered; and (B) shall not include-- (i) interest before settlement or payment of a claim; or (ii) punitive damages. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. (ii) Priority.--The Administrator, to the maximum extent practicable, shall pay subrogation claims submitted under this Act only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees. (B) Parameters of determination.--In determining and settling a claim under this Act, the Administrator shall determine only-- (i) whether the claimant is an injured person; (ii) whether the injury that is the subject of the claim resulted from the fire; (iii) the amount, if any, to be allowed and paid under this Act; and (iv) the person or persons entitled to receive the amount. (C) Insurance and other benefits.-- (i) In general.--In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim. (ii) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. (2) Partial payment.-- (A) In general.--At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. (B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant-- (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. (4) Allowable damages.-- (A) Loss of property.--A claim that is paid for loss of property under this Act may include otherwise uncompensated damages resulting from the Hermit's Peak Fire for-- (i) an uninsured or underinsured property loss; (ii) a decrease in the value of real property; (iii) damage to physical infrastructure, including irrigation infrastructure such as acequia systems; (iv) a cost resulting from lost subsistence from hunting, fishing, firewood gathering, timbering, grazing, or agricultural activities conducted on land damaged by the Hermit's Peak Fire; (v) a cost of reforestation or revegetation on Tribal or non-Federal land, to the extent that the cost of reforestation or revegetation is not covered by any other Federal program; and (vi) any other loss that the Administrator determines to be appropriate for inclusion as loss of property. (B) Business loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak Fire for the following types of otherwise uncompensated business loss: (i) Damage to tangible assets or inventory. (ii) Business interruption losses. (iii) Overhead costs. (iv) Employee wages for work not performed. (v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. (C) Financial loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak Fire for the following types of otherwise uncompensated financial loss: (i) Increased mortgage interest costs. (ii) An insurance deductible. (iii) A temporary living or relocation expense. (iv) Lost wages or personal income. (v) Emergency staffing expenses. (vi) Debris removal and other cleanup costs. (vii) Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak Fire to risk levels prevailing in those counties before the Hermit's Peak Fire, that are incurred not later than the date that is 3 years after the date on which the regulations under subsection (f) are first promulgated. (viii) A premium for flood insurance that is required to be paid on or before May 31, 2024, if, as a result of the Hermit's Peak Fire, a person that was not required to purchase flood insurance before the Hermit's Peak Fire is required to purchase flood insurance. (ix) Any other loss that the Administrator determines to be appropriate for inclusion as financial loss. (e) Acceptance of Award.--The acceptance by a claimant of any payment under this Act, except an advance or partial payment made under subsection (d)(2), shall-- (1) be final and conclusive on the claimant, with respect to all claims arising out of or relating to the same subject matter; and (2) constitute a complete release of all claims against the United States (including any agency or employee of the United States) under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), or any other Federal or State law, arising out of or relating to the same subject matter. (f) Regulations and Public Information.-- (1) Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this Act, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. (2) Public information.-- (A) In general.--At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. (g) Consultation.--In administering this Act, the Administrator shall consult with the Secretary of the Interior, the Secretary of Energy, the Secretary of Agriculture, the Administrator of the Small Business Administration, other Federal agencies, and State, local, and Tribal authorities, as determined to be necessary by the Administrator, to-- (1) ensure the efficient administration of the claims process; and (2) provide for local concerns. (h) Election of Remedy.-- (1) In general.--An injured person may elect to seek compensation from the United States for 1 or more injuries resulting from the Hermit's Peak Fire by-- (A) submitting a claim under this Act; (B) filing a claim or bringing a civil action under chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''); or (C) bringing an authorized civil action under any other provision of law. (2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. (3) Arbitration.-- (A) In general.--Not later than 45 days after the date of enactment of this Act, the Administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this Act may be settled by arbitration. (B) Arbitration as remedy.--On establishment of arbitration procedures under subparagraph (A), an injured person that submits a disputed claim under this Act may elect to settle the claim through arbitration. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (4) No effect on entitlements.--Nothing in this Act affects any right of a claimant to file a claim for benefits under any Federal entitlement program. (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. (2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Administrator. (3) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (j) Attorney's and Agent's Fees.-- (1) In general.--No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this Act, fees in excess of 10 percent of the amount of any payment on the claim. (2) Violation.--An attorney or agent who violates paragraph (1) shall be fined not more than $10,000. (k) Waiver of Requirement for Matching Funds.-- (1) In general.--Notwithstanding any other provision of law, a State or local project that is determined by the Administrator to be carried out in response to the Hermit's Peak Fire under any Federal program that applies to an area affected by the Hermit's Peak Fire shall not be subject to any requirement for State or local matching funds to pay the cost of the project under the Federal program. (2) Federal share.--The Federal share of the costs of a project described in paragraph (1) shall be 100 percent. (l) Applicability of Debt Collection Requirements.--Section 3716 of title 31, United States Code, shall not apply to any payment under this Act. (m) Indian Compensation.--Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this Act-- (1) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim; (2) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this Act in the same manner and to the same extent as any other injured person; and (3) except with respect to land damaged by the Hermit's Peak Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak Fire. (n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (o) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act. <all>

Hermit’s Peak Fire Assistance Act

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico.

Hermit’s Peak Fire Assistance Act

Rep. Leger Fernandez, Teresa

D

NM

This bill provides for monetary compensation to the victims of the prescribed fire burn in the Santa Fe National Forest in New Mexico that became a wildfire known as the Hermit's Peak Fire or the Hermit's Peak Fire/Calf Canyon Fire. Each victim of the Hermit's Peak Fire shall be entitled to receive monetary compensation from the United States, including for personal injury, loss of property, business loss, or financial loss. An Office of Hermit's Peak Fire Claims is established within the Federal Emergency Management Agency (FEMA) to receive, process, and pay claims to victims of the fire. FEMA or the independent claims manager (which FEMA may appoint) shall, on behalf of the United States, investigate, consider, ascertain, adjust, determine, grant, deny, or settle any claim for money damages asserted by a victim of the Hermit's Peak Fire. Any claimant aggrieved by a final decision of FEMA concerning compensation may, not later than 60 days after the date on which the decision is issued, bring a civil action in the U.S. District Court for the District of New Mexico, to modify or set aside the decision.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. 2. FINDINGS AND PURPOSES. 3. (5) Injury.--The term ``injury'' has the same meaning as the term ``injury or loss of property, or personal injury or death'' as used in section 1346(b)(1) of title 28, United States Code. (6) Manager.--The term ``Manager'' means an Independent Claims Manager appointed under section 4(a)(3). SEC. 4. (B) Purpose.--The Office shall receive, process, and pay claims in accordance with this title. (3) Extent of damages.--Any payment under this Act-- (A) shall be limited to actual compensatory damages measured by injuries suffered; and (B) shall not include-- (i) interest before settlement or payment of a claim; or (ii) punitive damages. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. (ii) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. (iv) Employee wages for work not performed. (v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. (ii) An insurance deductible. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (2) Federal share.--The Federal share of the costs of a project described in paragraph (1) shall be 100 percent. (m) Indian Compensation.--Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this Act-- (1) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim; (2) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this Act in the same manner and to the same extent as any other injured person; and (3) except with respect to land damaged by the Hermit's Peak Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak Fire.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. 2. FINDINGS AND PURPOSES. 3. (5) Injury.--The term ``injury'' has the same meaning as the term ``injury or loss of property, or personal injury or death'' as used in section 1346(b)(1) of title 28, United States Code. 4. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. (ii) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. (ii) An insurance deductible. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (2) Federal share.--The Federal share of the costs of a project described in paragraph (1) shall be 100 percent. (m) Indian Compensation.--Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this Act-- (1) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim; (2) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this Act in the same manner and to the same extent as any other injured person; and (3) except with respect to land damaged by the Hermit's Peak Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak Fire.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. 2. FINDINGS AND PURPOSES. 3. (5) Injury.--The term ``injury'' has the same meaning as the term ``injury or loss of property, or personal injury or death'' as used in section 1346(b)(1) of title 28, United States Code. (6) Manager.--The term ``Manager'' means an Independent Claims Manager appointed under section 4(a)(3). SEC. 4. (B) Purpose.--The Office shall receive, process, and pay claims in accordance with this title. (3) Extent of damages.--Any payment under this Act-- (A) shall be limited to actual compensatory damages measured by injuries suffered; and (B) shall not include-- (i) interest before settlement or payment of a claim; or (ii) punitive damages. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. (ii) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. (iv) Employee wages for work not performed. (v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. (ii) An insurance deductible. (iii) A temporary living or relocation expense. (f) Regulations and Public Information.-- (1) Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this Act, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Administrator. (3) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (j) Attorney's and Agent's Fees.-- (1) In general.--No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this Act, fees in excess of 10 percent of the amount of any payment on the claim. (2) Federal share.--The Federal share of the costs of a project described in paragraph (1) shall be 100 percent. (m) Indian Compensation.--Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this Act-- (1) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim; (2) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this Act in the same manner and to the same extent as any other injured person; and (3) except with respect to land damaged by the Hermit's Peak Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak Fire.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. 2. FINDINGS AND PURPOSES. 3. (5) Injury.--The term ``injury'' has the same meaning as the term ``injury or loss of property, or personal injury or death'' as used in section 1346(b)(1) of title 28, United States Code. (6) Manager.--The term ``Manager'' means an Independent Claims Manager appointed under section 4(a)(3). SEC. 4. (B) Purpose.--The Office shall receive, process, and pay claims in accordance with this title. (3) Extent of damages.--Any payment under this Act-- (A) shall be limited to actual compensatory damages measured by injuries suffered; and (B) shall not include-- (i) interest before settlement or payment of a claim; or (ii) punitive damages. (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. (ii) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. (iv) Employee wages for work not performed. (v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. (C) Financial loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak Fire for the following types of otherwise uncompensated financial loss: (i) Increased mortgage interest costs. (ii) An insurance deductible. (iii) A temporary living or relocation expense. (f) Regulations and Public Information.-- (1) Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this Act, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. (B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. (C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). (2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Administrator. (3) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. (j) Attorney's and Agent's Fees.-- (1) In general.--No attorney or agent, acting alone or in combination with any other attorney or agent, shall charge, demand, receive, or collect, for services rendered in connection with a claim submitted under this Act, fees in excess of 10 percent of the amount of any payment on the claim. (k) Waiver of Requirement for Matching Funds.-- (1) In general.--Notwithstanding any other provision of law, a State or local project that is determined by the Administrator to be carried out in response to the Hermit's Peak Fire under any Federal program that applies to an area affected by the Hermit's Peak Fire shall not be subject to any requirement for State or local matching funds to pay the cost of the project under the Federal program. (2) Federal share.--The Federal share of the costs of a project described in paragraph (1) shall be 100 percent. (m) Indian Compensation.--Notwithstanding any other provision of law, in the case of an Indian Tribe, a Tribal entity, or a member of an Indian Tribe that submits a claim under this Act-- (1) the Bureau of Indian Affairs shall have no authority over, or any trust obligation regarding, any aspect of the submission of, or any payment received for, the claim; (2) the Indian Tribe, Tribal entity, or member of an Indian Tribe shall be entitled to proceed under this Act in the same manner and to the same extent as any other injured person; and (3) except with respect to land damaged by the Hermit's Peak Fire that is the subject of the claim, the Bureau of Indian Affairs shall have no responsibility to restore land damaged by the Hermit's Peak Fire. (n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (o) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. (b) Purposes.--The purposes of this Act are-- (1) to compensate victims of the fire at Hermit's Peak, New Mexico, for injuries resulting from the fire; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 4(a)(3), the Manager. ( (4) Injured person.--The term ``injured person'' means-- (A) an individual, regardless of the citizenship or alien status of the individual; or (B) an Indian Tribe, corporation, Tribal corporation, partnership, company, association, county, township, city, State, school district, or other non- Federal entity (including a legal representative) that suffered injury resulting from the Hermit's Peak Fire. ( 7) Office.--The term ``Office'' means the Office of Hermit's Peak Fire Claims established by section 4(a)(2). ( (B) Purpose.--The Office shall receive, process, and pay claims in accordance with this title. ( b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. ( (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. ( C) Insurance and other benefits.-- (i) In general.--In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim. (ii) Government loans.--This subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant. ( B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant-- (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. ( B) Business loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak Fire for the following types of otherwise uncompensated business loss: (i) Damage to tangible assets or inventory. ( v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. ( (iii) A temporary living or relocation expense. ( ix) Any other loss that the Administrator determines to be appropriate for inclusion as financial loss. f) Regulations and Public Information.-- (1) Regulations.--Notwithstanding any other provision of law, not later than 45 days after the date of enactment of this Act, the Administrator shall promulgate and publish in the Federal Register interim final regulations for the processing and payment of claims under this Act. ( 2) Public information.-- (A) In general.--At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. ( 2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. (3) Arbitration.-- (A) In general.--Not later than 45 days after the date of enactment of this Act, the Administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this Act may be settled by arbitration. ( C) Binding effect.--An election by an injured person to settle a claim through arbitration under this paragraph shall-- (i) be binding; and (ii) preclude any exercise by the injured person of the right to judicial review of a claim described in subsection (i). ( (3) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. ( 2) Violation.--An attorney or agent who violates paragraph (1) shall be fined not more than $10,000. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. ( o) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. (b) Purposes.--The purposes of this Act are-- (1) to compensate victims of the fire at Hermit's Peak, New Mexico, for injuries resulting from the fire; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 4(a)(3), the Manager. ( (8) Tribal entity.--The term ``Tribal entity'' includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304). COMPENSATION FOR VICTIMS OF HERMIT'S PEAK FIRE. ( b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. ( (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. ( 2) Partial payment.-- (A) In general.--At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. ( (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. ( C) Financial loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak Fire for the following types of otherwise uncompensated financial loss: (i) Increased mortgage interest costs. ( iv) Lost wages or personal income. ( (vii) Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak Fire to risk levels prevailing in those counties before the Hermit's Peak Fire, that are incurred not later than the date that is 3 years after the date on which the regulations under subsection (f) are first promulgated. ( 2) Public information.-- (A) In general.--At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. ( 2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. ( (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. ( 2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Administrator. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. ( o) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. This Act may be cited as the ``Hermit's Peak Fire Assistance Act''. (b) Purposes.--The purposes of this Act are-- (1) to compensate victims of the fire at Hermit's Peak, New Mexico, for injuries resulting from the fire; and (2) to provide for the expeditious consideration and settlement of claims for those injuries. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 4(a)(3), the Manager. ( (8) Tribal entity.--The term ``Tribal entity'' includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304). COMPENSATION FOR VICTIMS OF HERMIT'S PEAK FIRE. ( b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. ( (d) Payment of Claims.-- (1) Determination and payment of amount.-- (A) In general.-- (i) Payment.--Not later than 180 days after the date on which a claim is submitted under this Act, the Administrator shall determine and fix the amount, if any, to be paid for the claim. ( 2) Partial payment.-- (A) In general.--At the request of a claimant, the Administrator may make 1 or more advance or partial payments before the final settlement of a claim, including final settlement on any portion or aspect of a claim that is determined to be severable. ( (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. ( C) Financial loss.--A claim that is paid for injury under this Act may include damages resulting from the Hermit's Peak Fire for the following types of otherwise uncompensated financial loss: (i) Increased mortgage interest costs. ( iv) Lost wages or personal income. ( (vii) Costs of reasonable efforts, as determined by the Administrator, to reduce the risk of wildfire, flood, or other natural disaster in the counties impacted by the Hermit's Peak Fire to risk levels prevailing in those counties before the Hermit's Peak Fire, that are incurred not later than the date that is 3 years after the date on which the regulations under subsection (f) are first promulgated. ( 2) Public information.-- (A) In general.--At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). (B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. ( 2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. ( (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. ( 2) Record.--The court shall hear a civil action under paragraph (1) on the record made before the Administrator. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. ( o) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this Act.

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 4(a)(3), the Manager. ( ( ( b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. ( ( C) Insurance and other benefits.-- (i) In general.--In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim. ( ( B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant-- (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. ( v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. ( ( ( 2) Public information.-- (A) In general.--At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). ( 2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. ( ( (3) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. 8) Tribal entity.--The term ``Tribal entity'' includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304). ( (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. ( B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. ( ( (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. In this Act: (1) Administrator.--The term ``Administrator'' means-- (A) the Administrator of the Federal Emergency Management Agency; or (B) if a Manager is appointed under section 4(a)(3), the Manager. ( ( ( b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. ( ( C) Insurance and other benefits.-- (i) In general.--In determining the amount of, and paying, a claim under this Act, to prevent recovery by a claimant in excess of actual compensatory damages, the Administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits (excluding life insurance benefits) or other payments or settlements of any nature that were paid, or will be paid, with respect to the claim. ( ( B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant-- (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. ( v) Any other loss that the Administrator determines to be appropriate for inclusion as business loss. ( ( ( 2) Public information.-- (A) In general.--At the time at which the Administrator promulgates regulations under paragraph (1), the Administrator shall publish, online and in print, in newspapers of general circulation in the State of New Mexico, a clear, concise, and easily understandable explanation, in English and Spanish, of-- (i) the rights conferred under this Act; and (ii) the procedural and other requirements of the regulations promulgated under paragraph (1). ( 2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. ( ( (3) Standard.--The decision of the Administrator incorporating the findings of the Administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. 8) Tribal entity.--The term ``Tribal entity'' includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304). ( (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. ( B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. ( ( (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. ( ( ( ( B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant-- (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. ( 2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. ( ( ( ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. 8) Tribal entity.--The term ``Tribal entity'' includes any Indian Tribe, tribal organization, Indian-controlled organization serving Indians, Native Hawaiian organization, or Alaska Native entity, as such terms are defined or used in section 166 of the Workforce Innovation and Opportunity Act (25 U.S.C. 5304). ( (3) Rights of insurer or other third party.--If an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection (a), the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this Act or any other law. ( B) Dissemination through other media.--The Administrator shall disseminate the explanation published under subparagraph (A) through websites, blogs, social media, brochures, pamphlets, radio, television, and other media that the Administrator determines are likely to reach prospective claimants. ( ( (i) Judicial Review.-- (1) In general.--Any claimant aggrieved by a final decision of the Administrator under this Act may, not later than 60 days after the date on which the decision is issued, bring a civil action in the United States District Court for the District of New Mexico, to modify or set aside the decision, in whole or in part. ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (

To provide compensation for victims of the fire initiated as a prescribed burn by the Forest Service in the Sante Fe National Forest in San Miguel County, New Mexico. b) Submission of Claims.--Not later than 2 years after the date on which regulations are first promulgated under subsection (f), an injured person may submit to the Administrator a written claim for 1 or more injuries suffered by the injured person in accordance with such requirements as the Administrator determines to be appropriate. ( ( ( ( B) Judicial decision.--If a claimant receives a partial payment on a claim under this Act, but further payment on the claim is subsequently denied by the Administrator, the claimant may-- (i) seek judicial review under subsection (i); and (ii) keep any partial payment that the claimant received, unless the Administrator determines that the claimant-- (I) was not eligible to receive the compensation; or (II) fraudulently procured the compensation. ( 2) Effect of election.--An election by an injured person to seek compensation in any manner described in paragraph (1) shall be final and conclusive on the claimant with respect to all injuries resulting from the Hermit's Peak Fire that are suffered by the claimant. ( ( ( ( n) Report.--Not later than 1 year after the date of promulgation of regulations under subsection (f)(1), and annually thereafter, the Administrator shall submit to Congress a report that describes the claims submitted under this Act during the year preceding the date of submission of the report, including, for each claim-- (1) the amount claimed; (2) a brief description of the nature of the claim; and (3) the status or disposition of the claim, including the amount of any payment under this Act. (

H.R.3242

Education

Understanding and Studying American Civics Act of 2021 or the USA Civics Act of 2021 This bill reauthorizes through FY2026 and revises the American History for Freedom grant program. The bill renames the program as the American Civics Education Program. The bill authorizes the Department of Education to award grants to institutions of higher education (IHEs) once every three years to establish or strengthen academic programs to promote American political thought and history; the history, achievements, and impact of American representative democracy and constitutional democracies globally; and the means of participation in political and civic life. 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 improve the American History for Freedom grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Understanding and Studying American Civics Act of 2021'' or the ``USA Civics Act of 2021''. SEC. 2. AMERICAN CIVICS EDUCATION PROGRAM. 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 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, once every 3 years and on a competitive basis,''; (C) by striking paragraph (1) and inserting the following: ``(1) American political thought and history;''; (D) in paragraph (2) by striking ``or'' after the semicolon; (E) by striking paragraph (3) and inserting the following: ``(3) the history, achievements, and impact of American representative democracy and constitutional democracies globally; or''; and (F) by adding at the end the following: ``(4) the means of participation in political and civic life.''; (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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life, 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, 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. ``(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; ``(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, or the means of participation in political and civic life; and ``(C) other activities that meet the purposes of this section.''; (7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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 2021

To amend the Higher Education Act of 1965 to improve the American History for Freedom grant program.

USA Civics Act of 2021 Understanding and Studying American Civics Act of 2021

Rep. Blumenauer, Earl

D

OR

This bill reauthorizes through FY2026 and revises the American History for Freedom grant program. The bill renames the program as the American Civics Education Program. The bill authorizes the Department of Education to award grants to institutions of higher education (IHEs) once every three years to establish or strengthen academic programs to promote American political thought and history; the history, achievements, and impact of American representative democracy and constitutional democracies globally; and the means of participation in political and civic life. 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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. AMERICAN CIVICS EDUCATION PROGRAM. Section 805 of the Higher Education Act of 1965 (20 U.S.C. ''; (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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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. ''; (7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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.''.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. AMERICAN CIVICS EDUCATION PROGRAM. Section 805 of the Higher Education Act of 1965 (20 U.S.C. 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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. ''; (7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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 improve the American History for Freedom grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. SEC. AMERICAN CIVICS EDUCATION PROGRAM. Section 805 of the Higher Education Act of 1965 (20 U.S.C. ''; (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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life, 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 ``2021''; 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 improve the American History for Freedom grant program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Understanding and Studying American Civics Act of 2021'' or the ``USA Civics Act of 2021''. SEC. 2. AMERICAN CIVICS EDUCATION PROGRAM. 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 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, once every 3 years and on a competitive basis,''; (C) by striking paragraph (1) and inserting the following: ``(1) American political thought and history;''; (D) in paragraph (2) by striking ``or'' after the semicolon; (E) by striking paragraph (3) and inserting the following: ``(3) the history, achievements, and impact of American representative democracy and constitutional democracies globally; or''; and (F) by adding at the end the following: ``(4) the means of participation in political and civic life.''; (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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life;''; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life; 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, the impact of American representative democracy and constitutional democracies globally, or the means of participation in political and civic life, 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, 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. ``(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; ``(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, or the means of participation in political and civic life; and ``(C) other activities that meet the purposes of this section.''; (7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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 improve the American History for Freedom grant program. This Act may be cited as the ``Understanding and Studying American Civics Act of 2021'' or the ``USA Civics Act of 2021''. 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. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding 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. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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 improve the American History for Freedom grant 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, 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 improve the American History for Freedom grant 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, 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 improve the American History for Freedom grant program. This Act may be cited as the ``Understanding and Studying American Civics Act of 2021'' or the ``USA Civics Act of 2021''. 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. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding 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. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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 improve the American History for Freedom grant 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, 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 improve the American History for Freedom grant program. This Act may be cited as the ``Understanding and Studying American Civics Act of 2021'' or the ``USA Civics Act of 2021''. 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. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding 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. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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 improve the American History for Freedom grant 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, 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 improve the American History for Freedom grant program. This Act may be cited as the ``Understanding and Studying American Civics Act of 2021'' or the ``USA Civics Act of 2021''. 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. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding 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. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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 improve the American History for Freedom grant 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, 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 improve the American History for Freedom grant program. This Act may be cited as the ``Understanding and Studying American Civics Act of 2021'' or the ``USA Civics Act of 2021''. 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. ''; ``(ii) For teacher preparation initiatives that stress content mastery regarding 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. 7) by redesignating subsection (f) as subsection (g); (8) in subsection (g), as redesignated by paragraph (7), by striking ``2009'' and inserting ``2021''; 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.''.

H.R.609

Transportation and Public Works

This bill requires the National Railroad Passenger Corporation (Amtrak), on or before June 30, 2021, to convey specific properties to the Commonwealth of Pennsylvania, including the Keystone Line and stations between Harrisburg and Philadelphia. Amtrak shall be entitled to use the properties conveyed on the same terms and conditions and right to determination by the U.S. Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines, but shall not be entitled to compensation for the conveyances.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPEDITED PROPERTY CONVEYANCE. Section 24301 of title 49, United States Code, is amended by adding at the end the following: ``(p) Expedited Property Conveyance.-- ``(1) On or before June 30, 2021: ``(A) Amtrak shall convey to the Commonwealth of Pennsylvania all of its rights and title in-- ``(i) the Keystone Line and stations between Harrisburg and Philadelphia, Pennsylvania, including all of Amtrak's passenger stations along that line east of William H. Gray III 30th Street Station in Philadelphia, Pennsylvania; ``(ii) all of Amtrak's other passenger stations, excluding Amtrak's William H. Gray III 30th Street Station and North Philadelphia Station, located within the Commonwealth along Amtrak's Northeast Corridor and used for commuter rail passenger service as of May 1, 2020; ``(iii) sections of track on or along Amtrak's Northeast Corridor immediately south of William H. Gray III 30th Street Station in Philadelphia that are solely used by and maintained by Southeastern Pennsylvania Transportation Authority; and ``(iv) Amtrak's obligations to the United States as determined by the Secretary under subparagraph (C). ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''. <all>

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes.

Official Titles - House of Representatives Official Title as Introduced To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes.

Rep. Smucker, Lloyd

R

PA

This bill requires the National Railroad Passenger Corporation (Amtrak), on or before June 30, 2021, to convey specific properties to the Commonwealth of Pennsylvania, including the Keystone Line and stations between Harrisburg and Philadelphia. Amtrak shall be entitled to use the properties conveyed on the same terms and conditions and right to determination by the U.S. Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines, but shall not be entitled to compensation for the conveyances.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPEDITED PROPERTY CONVEYANCE. Section 24301 of title 49, United States Code, is amended by adding at the end the following: ``(p) Expedited Property Conveyance.-- ``(1) On or before June 30, 2021: ``(A) Amtrak shall convey to the Commonwealth of Pennsylvania all of its rights and title in-- ``(i) the Keystone Line and stations between Harrisburg and Philadelphia, Pennsylvania, including all of Amtrak's passenger stations along that line east of William H. Gray III 30th Street Station in Philadelphia, Pennsylvania; ``(ii) all of Amtrak's other passenger stations, excluding Amtrak's William H. Gray III 30th Street Station and North Philadelphia Station, located within the Commonwealth along Amtrak's Northeast Corridor and used for commuter rail passenger service as of May 1, 2020; ``(iii) sections of track on or along Amtrak's Northeast Corridor immediately south of William H. Gray III 30th Street Station in Philadelphia that are solely used by and maintained by Southeastern Pennsylvania Transportation Authority; and ``(iv) Amtrak's obligations to the United States as determined by the Secretary under subparagraph (C). ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''. <all>

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. Section 24301 of title 49, United States Code, is amended by adding at the end the following: ``(p) Expedited Property Conveyance.-- ``(1) On or before June 30, 2021: ``(A) Amtrak shall convey to the Commonwealth of Pennsylvania all of its rights and title in-- ``(i) the Keystone Line and stations between Harrisburg and Philadelphia, Pennsylvania, including all of Amtrak's passenger stations along that line east of William H. Gray III 30th Street Station in Philadelphia, Pennsylvania; ``(ii) all of Amtrak's other passenger stations, excluding Amtrak's William H. Gray III 30th Street Station and North Philadelphia Station, located within the Commonwealth along Amtrak's Northeast Corridor and used for commuter rail passenger service as of May 1, 2020; ``(iii) sections of track on or along Amtrak's Northeast Corridor immediately south of William H. Gray III 30th Street Station in Philadelphia that are solely used by and maintained by Southeastern Pennsylvania Transportation Authority; and ``(iv) Amtrak's obligations to the United States as determined by the Secretary under subparagraph (C). ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPEDITED PROPERTY CONVEYANCE. Section 24301 of title 49, United States Code, is amended by adding at the end the following: ``(p) Expedited Property Conveyance.-- ``(1) On or before June 30, 2021: ``(A) Amtrak shall convey to the Commonwealth of Pennsylvania all of its rights and title in-- ``(i) the Keystone Line and stations between Harrisburg and Philadelphia, Pennsylvania, including all of Amtrak's passenger stations along that line east of William H. Gray III 30th Street Station in Philadelphia, Pennsylvania; ``(ii) all of Amtrak's other passenger stations, excluding Amtrak's William H. Gray III 30th Street Station and North Philadelphia Station, located within the Commonwealth along Amtrak's Northeast Corridor and used for commuter rail passenger service as of May 1, 2020; ``(iii) sections of track on or along Amtrak's Northeast Corridor immediately south of William H. Gray III 30th Street Station in Philadelphia that are solely used by and maintained by Southeastern Pennsylvania Transportation Authority; and ``(iv) Amtrak's obligations to the United States as determined by the Secretary under subparagraph (C). ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''. <all>

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPEDITED PROPERTY CONVEYANCE. Section 24301 of title 49, United States Code, is amended by adding at the end the following: ``(p) Expedited Property Conveyance.-- ``(1) On or before June 30, 2021: ``(A) Amtrak shall convey to the Commonwealth of Pennsylvania all of its rights and title in-- ``(i) the Keystone Line and stations between Harrisburg and Philadelphia, Pennsylvania, including all of Amtrak's passenger stations along that line east of William H. Gray III 30th Street Station in Philadelphia, Pennsylvania; ``(ii) all of Amtrak's other passenger stations, excluding Amtrak's William H. Gray III 30th Street Station and North Philadelphia Station, located within the Commonwealth along Amtrak's Northeast Corridor and used for commuter rail passenger service as of May 1, 2020; ``(iii) sections of track on or along Amtrak's Northeast Corridor immediately south of William H. Gray III 30th Street Station in Philadelphia that are solely used by and maintained by Southeastern Pennsylvania Transportation Authority; and ``(iv) Amtrak's obligations to the United States as determined by the Secretary under subparagraph (C). ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''. <all>

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. EXPEDITED PROPERTY CONVEYANCE. ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. EXPEDITED PROPERTY CONVEYANCE. ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. EXPEDITED PROPERTY CONVEYANCE. ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. EXPEDITED PROPERTY CONVEYANCE. ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania. ``(2) Amtrak shall be entitled to no compensation for the conveyances mandated in paragraph (1)(A), and, exclusively for the purposes of this subsection, notwithstanding any other provision of the law, shall be deemed an agency of the United States.''.

To amend title 49, United States Code, to require Amtrak to convey of certain properties to the Commonwealth of Pennsylvania, and for other purposes. EXPEDITED PROPERTY CONVEYANCE. ``(B) Amtrak shall be entitled to use the properties conveyed pursuant to subparagraph (A) on the same terms and conditions and right to determination by the United States Surface Transportation Board as afforded commuter authorities operating over Amtrak's lines pursuant to section 24903. ``(C) The Secretary shall-- ``(i) determine what portion of the note and mortgage the Secretary obtained from Amtrak to secure the amounts paid by the United States to acquire Amtrak's Northeast Corridor should be allocated, based on the original purchase price paid by the United States, to the properties to be conveyed under subparagraph (A); and ``(ii) at the time of the conveyance under subparagraph (A), assign that portion of the note and mortgage to the Commonwealth of Pennsylvania.

S.875

Immigration

Ending Sanctuary Cities Act of 2021 This bill makes state or local governments that violate immigration laws ineligible for federal financial assistance. A governmental entity shall be ineligible if it (1) violates federal law by prohibiting its officials from communicating with the Department of Homeland Security (DHS) about the immigration status of any individual, (2) restricts compliance with DHS detainer requests, or (3) has any laws or policies that violate immigration laws. (A DHS detainer request is an order or request to a state or local government to temporarily hold or transport an alien for transfer into federal custody or notify DHS before releasing an alien from custody.) A government or law enforcement officer that complies with a DHS detainer request shall be acting under the color of federal authority, for the purposes of liability or immunity in a lawsuit filed by the detained individual. The bill makes it unlawful for a state or local government to discharge or discriminate against one of its law enforcement officers for complying with a DHS retainer request.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. Be it enacted by the Senate 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 Sanctuary Cities Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``detainer'' means any order or request by the Secretary of Homeland Security-- (A) to temporarily hold an alien in custody until such alien may be taken into Federal custody; (B) to transport an alien for transfer to Federal custody; or (C) to notify the Secretary of Homeland Security before the release of an alien from State or local custody. (2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (3) The term ``unit of local government'' has the meaning given such term under section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)(3)). SEC. 3. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS THAT VIOLATE THE IMMIGRATION LAWS. (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. (b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. SEC. 4. LIMITATION ON LIABILITY FOR COMPLIANCE WITH DETAINER. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT. Section 15(a) of the Fair Labor Standards Act (29 U.S.C. 215(a)) is amended-- (1) in paragraph (5), by striking the period at the end and inserting ``; or''; and (2) by adding at the end the following: ``(6) in the case of a State or unit of local government, to discharge or in any other manner discriminate against any law enforcement officer of that State or unit of local government because such law enforcement officer has taken any action to comply with a detainer (as such term is defined in section 2 of the Ending Sanctuary Cities Act of 2021) issued by the Secretary of Homeland Security.''. <all>

Ending Sanctuary Cities Act of 2021

A bill to make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes.

Ending Sanctuary Cities Act of 2021

Sen. Kennedy, John

R

LA

This bill makes state or local governments that violate immigration laws ineligible for federal financial assistance. A governmental entity shall be ineligible if it (1) violates federal law by prohibiting its officials from communicating with the Department of Homeland Security (DHS) about the immigration status of any individual, (2) restricts compliance with DHS detainer requests, or (3) has any laws or policies that violate immigration laws. (A DHS detainer request is an order or request to a state or local government to temporarily hold or transport an alien for transfer into federal custody or notify DHS before releasing an alien from custody.) A government or law enforcement officer that complies with a DHS detainer request shall be acting under the color of federal authority, for the purposes of liability or immunity in a lawsuit filed by the detained individual. The bill makes it unlawful for a state or local government to discharge or discriminate against one of its law enforcement officers for complying with a DHS retainer request.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. Be it enacted by the Senate 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 Sanctuary Cities Act of 2021''. 2. DEFINITIONS. In this Act: (1) The term ``detainer'' means any order or request by the Secretary of Homeland Security-- (A) to temporarily hold an alien in custody until such alien may be taken into Federal custody; (B) to transport an alien for transfer to Federal custody; or (C) to notify the Secretary of Homeland Security before the release of an alien from State or local custody. 1101). (3) The term ``unit of local government'' has the meaning given such term under section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)(3)). 3. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS THAT VIOLATE THE IMMIGRATION LAWS. (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. (b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. 4. LIMITATION ON LIABILITY FOR COMPLIANCE WITH DETAINER. SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT. Section 15(a) of the Fair Labor Standards Act (29 U.S.C. 215(a)) is amended-- (1) in paragraph (5), by striking the period at the end and inserting ``; or''; and (2) by adding at the end the following: ``(6) in the case of a State or unit of local government, to discharge or in any other manner discriminate against any law enforcement officer of that State or unit of local government because such law enforcement officer has taken any action to comply with a detainer (as such term is defined in section 2 of the Ending Sanctuary Cities Act of 2021) issued by the Secretary of Homeland Security.''.

Be it enacted by the Senate 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 Sanctuary Cities Act of 2021''. 2. DEFINITIONS. In this Act: (1) The term ``detainer'' means any order or request by the Secretary of Homeland Security-- (A) to temporarily hold an alien in custody until such alien may be taken into Federal custody; (B) to transport an alien for transfer to Federal custody; or (C) to notify the Secretary of Homeland Security before the release of an alien from State or local custody. 1101). 3. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS THAT VIOLATE THE IMMIGRATION LAWS. (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. (b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. 4. LIMITATION ON LIABILITY FOR COMPLIANCE WITH DETAINER. SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT. 215(a)) is amended-- (1) in paragraph (5), by striking the period at the end and inserting ``; or''; and (2) by adding at the end the following: ``(6) in the case of a State or unit of local government, to discharge or in any other manner discriminate against any law enforcement officer of that State or unit of local government because such law enforcement officer has taken any action to comply with a detainer (as such term is defined in section 2 of the Ending Sanctuary Cities Act of 2021) issued by the Secretary of Homeland Security.''.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. Be it enacted by the Senate 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 Sanctuary Cities Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``detainer'' means any order or request by the Secretary of Homeland Security-- (A) to temporarily hold an alien in custody until such alien may be taken into Federal custody; (B) to transport an alien for transfer to Federal custody; or (C) to notify the Secretary of Homeland Security before the release of an alien from State or local custody. (2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (3) The term ``unit of local government'' has the meaning given such term under section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)(3)). SEC. 3. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS THAT VIOLATE THE IMMIGRATION LAWS. (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. (b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. SEC. 4. LIMITATION ON LIABILITY FOR COMPLIANCE WITH DETAINER. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT. Section 15(a) of the Fair Labor Standards Act (29 U.S.C. 215(a)) is amended-- (1) in paragraph (5), by striking the period at the end and inserting ``; or''; and (2) by adding at the end the following: ``(6) in the case of a State or unit of local government, to discharge or in any other manner discriminate against any law enforcement officer of that State or unit of local government because such law enforcement officer has taken any action to comply with a detainer (as such term is defined in section 2 of the Ending Sanctuary Cities Act of 2021) issued by the Secretary of Homeland Security.''. <all>

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. Be it enacted by the Senate 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 Sanctuary Cities Act of 2021''. SEC. 2. DEFINITIONS. In this Act: (1) The term ``detainer'' means any order or request by the Secretary of Homeland Security-- (A) to temporarily hold an alien in custody until such alien may be taken into Federal custody; (B) to transport an alien for transfer to Federal custody; or (C) to notify the Secretary of Homeland Security before the release of an alien from State or local custody. (2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (3) The term ``unit of local government'' has the meaning given such term under section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)(3)). SEC. 3. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS THAT VIOLATE THE IMMIGRATION LAWS. (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. (b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. SEC. 4. LIMITATION ON LIABILITY FOR COMPLIANCE WITH DETAINER. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. SEC. 5. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT. Section 15(a) of the Fair Labor Standards Act (29 U.S.C. 215(a)) is amended-- (1) in paragraph (5), by striking the period at the end and inserting ``; or''; and (2) by adding at the end the following: ``(6) in the case of a State or unit of local government, to discharge or in any other manner discriminate against any law enforcement officer of that State or unit of local government because such law enforcement officer has taken any action to comply with a detainer (as such term is defined in section 2 of the Ending Sanctuary Cities Act of 2021) issued by the Secretary of Homeland Security.''. <all>

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. 2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ( (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. ( c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. 2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ( (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. ( c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. 2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ( (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. ( c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. 2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ( (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. ( c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. b) Annual Determination of Ineligible Jurisdictions.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Homeland Security shall-- (1) determine which States and units of local government are ineligible jurisdictions based on the criteria set forth in subsection (a); and (2) submit a list of such ineligible jurisdictions, including the specific criteria upon which each such determination was based, to Congress. (c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law.

To make any city or county that has in effect any law or ordinance that is in violation of Federal immigration law ineligible for any Federal grant, and for other purposes. 2) The term ``immigration laws'' has the meaning given such term under section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). ( (a) Ineligible Jurisdictions.--A State or unit of local government is an ineligible jurisdiction for purposes of this section if such State or unit of local government-- (1) violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373); (2) otherwise restricts compliance with a detainer issued by the Secretary of Homeland Security; or (3) has any law or policy in effect that violates the immigration laws. ( c) Prohibition on Federal Financial Assistance.--A State or unit of local government may not receive any Federal financial assistance (as such term is defined in section 7501(a)(5) of title 31, United States Code) for the fiscal year following any fiscal year in which the Secretary of Homeland Security determines that such State or unit of local government is an ineligible jurisdiction under this section. A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT.

H.R.5065

Transportation and Public Works

Red Light Act This bill directs the Department of Transportation to withhold from states allocations of federal highway funds in FY2021 and thereafter if such states enact laws that provide drivers' licenses or other identification cards to aliens who are unlawfully present in the United States.

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Light Act''. SEC. 2. WITHHOLDING OF FUNDS FOR PROVIDING IDENTIFICATION CARDS TO CERTAIN ALIENS. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 171. Withholding of funds for providing identification cards to certain aliens ``(a) Withholding of Funds for Noncompliance.--For fiscal year 2021 and each fiscal year thereafter, the Secretary shall withhold 100 percent of the amount required to be apportioned under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title to any State that is described in subsection (b). ``(b) State Described.--A State described in this subsection is a State that has enacted a law that allows the State to provide a driver's license or other identification card to an alien who is unlawfully present in the United States. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Apportionment among states.--If, at the end of the fiscal year in which funds are withheld from a State under paragraph (1), the State has not repealed the law described in subsection (b), the Secretary shall apportion the corresponding withheld funds described in subsection (a) on a proportional basis to all remaining States that have not enacted laws described in subsection (b). ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''. <all>

Red Light Act

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes.

Red Light Act

Rep. Lesko, Debbie

R

AZ

This bill directs the Department of Transportation to withhold from states allocations of federal highway funds in FY2021 and thereafter if such states enact laws that provide drivers' licenses or other identification cards to aliens who are unlawfully present in the United States.

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Light Act''. SEC. 2. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 171. Withholding of funds for providing identification cards to certain aliens ``(a) Withholding of Funds for Noncompliance.--For fiscal year 2021 and each fiscal year thereafter, the Secretary shall withhold 100 percent of the amount required to be apportioned under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title to any State that is described in subsection (b). ``(b) State Described.--A State described in this subsection is a State that has enacted a law that allows the State to provide a driver's license or other identification card to an alien who is unlawfully present in the United States. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Apportionment among states.--If, at the end of the fiscal year in which funds are withheld from a State under paragraph (1), the State has not repealed the law described in subsection (b), the Secretary shall apportion the corresponding withheld funds described in subsection (a) on a proportional basis to all remaining States that have not enacted laws described in subsection (b). ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Light Act''. SEC. 2. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 171. Withholding of funds for providing identification cards to certain aliens ``(a) Withholding of Funds for Noncompliance.--For fiscal year 2021 and each fiscal year thereafter, the Secretary shall withhold 100 percent of the amount required to be apportioned under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title to any State that is described in subsection (b). ``(b) State Described.--A State described in this subsection is a State that has enacted a law that allows the State to provide a driver's license or other identification card to an alien who is unlawfully present in the United States. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''.

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Light Act''. SEC. 2. WITHHOLDING OF FUNDS FOR PROVIDING IDENTIFICATION CARDS TO CERTAIN ALIENS. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 171. Withholding of funds for providing identification cards to certain aliens ``(a) Withholding of Funds for Noncompliance.--For fiscal year 2021 and each fiscal year thereafter, the Secretary shall withhold 100 percent of the amount required to be apportioned under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title to any State that is described in subsection (b). ``(b) State Described.--A State described in this subsection is a State that has enacted a law that allows the State to provide a driver's license or other identification card to an alien who is unlawfully present in the United States. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Apportionment among states.--If, at the end of the fiscal year in which funds are withheld from a State under paragraph (1), the State has not repealed the law described in subsection (b), the Secretary shall apportion the corresponding withheld funds described in subsection (a) on a proportional basis to all remaining States that have not enacted laws described in subsection (b). ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''. <all>

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Light Act''. SEC. 2. WITHHOLDING OF FUNDS FOR PROVIDING IDENTIFICATION CARDS TO CERTAIN ALIENS. (a) In General.--Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 171. Withholding of funds for providing identification cards to certain aliens ``(a) Withholding of Funds for Noncompliance.--For fiscal year 2021 and each fiscal year thereafter, the Secretary shall withhold 100 percent of the amount required to be apportioned under each of sections 104(b)(1), 104(b)(3), and 104(b)(4) of this title to any State that is described in subsection (b). ``(b) State Described.--A State described in this subsection is a State that has enacted a law that allows the State to provide a driver's license or other identification card to an alien who is unlawfully present in the United States. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(3) Apportionment among states.--If, at the end of the fiscal year in which funds are withheld from a State under paragraph (1), the State has not repealed the law described in subsection (b), the Secretary shall apportion the corresponding withheld funds described in subsection (a) on a proportional basis to all remaining States that have not enacted laws described in subsection (b). ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''. <all>

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''.

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''.

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''.

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''.

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. ``(d) Identification Card Defined.--The term `identification card' means a personal identification card, as defined in section 1028(d) of title 18, United States Code, issued by a State.''. (

To withhold Federal highway funds from States that provide driver's licenses or identification cards to aliens who are unlawfully present in the United States, and for other purposes. ``(c) Effect of Withholding Funds.-- ``(1) In general.--Any funds withheld under subsection (a) from apportionment to any State shall remain available until the end of the fiscal year for which the funds are apportioned. ``(2) Reapportionment.--If, before the last day of the fiscal year for which funds withheld under subsection (a) are apportioned to a State, the State repeals all laws of such State described in subsection (b), the Secretary shall, on the first day on which the State repeals all such laws, apportion to the State the funds withheld under subsection (a) that remain available for apportionment to the State. ``(4) Withholding in future year.--In the case in which a State has funds withheld under paragraph (1) and is reapportioned funds under paragraph (2) and subsequently enacts a law described in subsection (b) after the date on which the funds are reapportioned under paragraph (2), the Secretary shall withhold the amount of funds withheld under subsection (a) in the fiscal year following the fiscal year in which such actions occur and each fiscal year thereafter. (b) Clerical Amendment.--Chapter 1 of title 23, United States Code, in the table of contents is amended by adding at the end the following: ``171. Withholding of funds for providing identification cards to certain aliens.''.

H.R.3310

Transportation and Public Works

Promoting Service in Transportation Act This bill directs the Department of Transportation to establish and administer a transportation workforce outreach program to (1) increase awareness of transportation career opportunities; and (2) increase diversity such as race, gender, ethnicity, and socioeconomic status of professionals in the transportation sector.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Be it enacted by the Senate 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 Service in Transportation Act''. SEC. 2. TRANSPORTATION WORKFORCE OUTREACH PROGRAM. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5506. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(b) Purpose.--The purpose of each campaign carried out under the program shall be to achieve the following objectives: ``(1) Increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. ``(c) Advertising.--The Secretary may use, or authorize the use of, funds available to carry out the program for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out campaigns under this section. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506. Transportation workforce outreach program.''. <all>

Promoting Service in Transportation Act

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce.

Promoting Service in Transportation Act

Rep. Larsen, Rick

D

WA

This bill directs the Department of Transportation to establish and administer a transportation workforce outreach program to (1) increase awareness of transportation career opportunities; and (2) increase diversity such as race, gender, ethnicity, and socioeconomic status of professionals in the transportation sector.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Be it enacted by the Senate 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 Service in Transportation Act''. SEC. 2. TRANSPORTATION WORKFORCE OUTREACH PROGRAM. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5506. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(b) Purpose.--The purpose of each campaign carried out under the program shall be to achieve the following objectives: ``(1) Increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. ``(c) Advertising.--The Secretary may use, or authorize the use of, funds available to carry out the program for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out campaigns under this section. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506. Transportation workforce outreach program.''. <all>

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Be it enacted by the Senate 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 Service in Transportation Act''. SEC. 2. TRANSPORTATION WORKFORCE OUTREACH PROGRAM. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5506. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(b) Purpose.--The purpose of each campaign carried out under the program shall be to achieve the following objectives: ``(1) Increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. ``(c) Advertising.--The Secretary may use, or authorize the use of, funds available to carry out the program for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out campaigns under this section. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506. Transportation workforce outreach program.''. <all>

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Be it enacted by the Senate 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 Service in Transportation Act''. SEC. 2. TRANSPORTATION WORKFORCE OUTREACH PROGRAM. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5506. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(b) Purpose.--The purpose of each campaign carried out under the program shall be to achieve the following objectives: ``(1) Increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. ``(c) Advertising.--The Secretary may use, or authorize the use of, funds available to carry out the program for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out campaigns under this section. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506. Transportation workforce outreach program.''. <all>

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Be it enacted by the Senate 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 Service in Transportation Act''. SEC. 2. TRANSPORTATION WORKFORCE OUTREACH PROGRAM. (a) In General.--Subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5506. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(b) Purpose.--The purpose of each campaign carried out under the program shall be to achieve the following objectives: ``(1) Increase awareness of career opportunities in the transportation sector, including aviation pilots, safety inspectors, mechanics and technicians, air traffic controllers, flight attendants, truck drivers, engineers, transit workers, railroad workers, and other transportation professionals. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. ``(c) Advertising.--The Secretary may use, or authorize the use of, funds available to carry out the program for the development, production, and use of broadcast, digital, and print media advertising and outreach in carrying out campaigns under this section. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. (b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506. Transportation workforce outreach program.''. <all>

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. ( b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. ( b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. ( b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. ( b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. ``(2) Increase diversity, including race, gender, ethnicity, and socioeconomic status, of professionals in the transportation sector. b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

To amend title 49, United States Code, to establish a program to carry out public service campaigns which promote transportation career opportunities and improve diversity in the workforce. Transportation workforce outreach program ``(a) In General.--The Secretary of Transportation shall establish and administer a transportation workforce outreach program that carries out a series of public service announcement campaigns during fiscal years 2022 through 2026. ``(d) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026.''. ( b) Clerical Amendment.--The table of sections for subchapter I of chapter 55 of title 49, United States Code, is amended by adding at the end the following new item: ``5506.

H.R.6629