		II
		112th CONGRESS
		1st Session
		S. 1611
		IN THE SENATE OF THE UNITED STATES

			September 22, 2011
			Mr. Johnson of Wisconsin
			 (for himself, Ms. Ayotte,
			 Mr. Paul, and Mr. Johanns) introduced the following bill; which
			 was read twice and referred to the Committee on Homeland Security and Governmental
			 Affairs

		A BILL
		To reduce the size of the Federal workforce through
		  attrition, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Reducing the Size of the Federal
			 Government Through Attrition Act of 2011.
		2.Reduction in
			 Federal workforce
			(a)DefinitionFor
			 the purpose of this section—
				(1)the term
			 total number of Federal employees means the total number of
			 Federal employees in all agencies;
				(2)the term
			 Federal employee means an employee as defined by section 2105 of
			 title 5, United States Code; and
				(3)the term
			 agency means an Executive agency as defined by section 105 of
			 title 5, United States Code, excluding the Government Accountability
			 Office.
				(b)LimitationThe
			 President, through the Office of Management and Budget (in consultation with
			 the Office of Personnel Management), shall take appropriate measures to ensure
			 that, effective beginning in fiscal year 2015, the total number of Federal
			 employees (as determined under subsection (c)) shall not exceed 90 percent of
			 the total number of Federal employees as of September 30, 2011 (as so
			 determined).
			(c)Monitoring and
			 notificationThe Office of Management and Budget (in consultation
			 with the Office of Personnel Management)—
				(1)shall continuously
			 monitor all agencies and make a determination, as of September 30, 2011, and
			 the last day of each quarter of each fiscal year beginning thereafter, as to
			 whether or not the total number of Federal employees exceeds the maximum number
			 allowable under subsection (b); and
				(2)whenever a
			 determination under paragraph (1) is made that the total number of Federal
			 employees exceeds the maximum number allowable under subsection (b), shall
			 provide written notice to that effect to the President and Congress within 14
			 days after the last day of the quarter to which such determination
			 relates.
				(d)ComplianceWhenever,
			 with respect to the quarter ending on September 30, 2014, or any subsequent
			 quarter, the Office of Management and Budget provides written notice under
			 subsection (c)(2) that the total number of Federal employees exceeds the
			 maximum number allowable under subsection (b), no agency may thereafter appoint
			 any employee to fill any vacancy within such agency until the Office of
			 Management and Budget provides written notice to the President and Congress of
			 a determination under subsection (c)(1) that the total number of Federal
			 employees no longer exceeds the maximum number allowable under subsection (b).
			 Any notice under the preceding sentence shall be provided within 14 days after
			 the last day of the quarter to which the determination relates.
			(e)Waiver
				(1)EmergenciesThis
			 section may be waived upon a determination by the President that—
					(A)the existence of a
			 state of war or other national security concern so requires; or
					(B)the existence of
			 an extraordinary emergency threatening life, health, public safety, property,
			 or the environment so requires.
					(2)Agency
			 efficiency or critical missionThis section may be waived, with respect to
			 a particular position or category of positions in an agency, upon a
			 determination by the President that the efficiency of the agency or the
			 performance of a critical agency mission so requires.
				(f)Replacement
			 rateTo the extent necessary to achieve the workforce reduction
			 required by subsection (b), the Office of Management and Budget (in
			 consultation with the Office of Personnel Management) shall take appropriate
			 measures to ensure that agencies shall appoint no more than 1 employee for
			 every 3 employees retiring or otherwise separating from Government service
			 after the date of the enactment of this Act. This subsection shall cease to
			 apply after September 30, 2014.
			(g)Counting
			 ruleFor purposes of this Act, any determination of the number of
			 employees in an agency shall be expressed on a full-time equivalent
			 basis.
			(h)Limitation on
			 procurement of service contractsThe President, through the
			 Office of Management and Budget (in consultation with the Office of Personnel
			 Management), shall take appropriate measures to ensure that there is no
			 increase in the procurement of service contracts by reason of the enactment of
			 this Act, except in cases in which a cost comparison demonstrates that such
			 contracts would be to the financial advantage of the Government.


110 HR 4652 IH: Environmental Justice Access and Implementation Act of 2007
U.S. House of Representatives
2007-12-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 4652
IN THE HOUSE OF REPRESENTATIVES

December 13, 2007
Mr. Hastings of Florida (for himself, Ms. Solis, Mr. Conyers, Mr. Ellison, Ms. Kilpatrick, Ms. DeGette, Mr. Udall of Colorado, Mr. Pallone, Mrs. Christensen, Mr. Meek of Florida, Ms. Corrine Brown of Florida, Mr. Wexler, Ms. Wasserman Schultz, Mr. Honda, Mr. Payne, Mr. Serrano, Mr. Clay, Mr. Berman, Ms. Lee, Mr. Nadler, Mr. Hinchey, Ms. Jackson-Lee of Texas, Mr. Hinojosa, Mr. Kucinich, and Ms. Berkley) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To direct each Federal agency to establish an Environmental Justice Office, and for other purposes.

1.Short titleThis Act may be cited as the Environmental Justice Access and Implementation Act of 2007 .
2.Definitions
(a)Definition of environmental justiceFor purposes of carrying out this Act, the following definitions shall apply:
(1)The term environmental justice means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, educational level, or income with respect to the development, implementation, and enforcement of environmental laws and regulations in order to ensure that—
(A)minority and low-income communities have access to public information relating to human health and environmental planning, regulations and enforcement; and
(B)no minority or low-income population is forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard.
(2)The term fair treatment means policies and practices that ensure that no group of people, including racial, ethnic, or socioeconomic groups bear disproportionately high and adverse human health or environmental effects resulting from Federal agency programs, policies, and activities.
(b)Identification and prioritization of environmental justice communitiesFor purposes of Executive Order 12898, criteria for defining an environmental justice community shall include demographic characteristics, such as percentages of minority and low-income residents within an area with a higher than average rate of—
(1) health vulnerabilities, such as cancer mortality and incidence rate, infant mortality, low birth weight, asthma, and childhood lead poisoning; and
(2)exposure to environmental conditions, such as facility density and proximity to Corrective Action/Superfund Sites, Brownfields, Enforcement Data (percent and number of uninspected facilities, percent and number of unaddressed violations, average and total penalty and air nonattainment status), hazardous emissions, attainment status, hazardous indoor air quality, hazardous water quality, and traffic related to the covered or uncovered, transport of polluting substances.
3.Implementation and integration of Federal environmental justice initiatives
(a)Establishment of Offices of Environmental JusticeFor purposes of Executive Order 12898, each of the following shall establish an Office of Environmental Justice:
(1)Department of Defense.
(2)Department of Justice.
(3)Department of the Interior.
(4)Department of Agriculture.
(5)Department of Commerce.
(6)Department of Labor.
(7)Department of Health and Human Services.
(8)Department of Housing and Urban Development.
(9)Department of Transportation.
(10)Department of Energy.
(11)Department of Homeland Security
(12)Environmental Protection Agency.
(13)Office of Management and Budget.
(14)Office of Science and Technology Policy.
(15)Office of the Deputy Assistant to the President for Environmental Policy.
(16)Office of the Assistant to the President for Domestic Policy.
(17)National Economic Council.
(18)Council of Economic Advisers.
(19)Department of State.
(20)Such other Government entities as the President may designate.
(b)Characteristics of offices of environmental justiceOffices established by this Act shall be overseen by a Director of Senior Executive Service designation with environmental justice activities as their primary responsibility. Such offices should be established within 6 months of enactment of this Act
(c)Integration of environmental justice policies in agency actionsFor purposes of the environmental justice strategies developed by agencies under Executive Order 12898, each agency shall integrate the strategy into the operation and mission of the agency and explicitly address compliance with this Act, including in the following activities:
(1)Future rulemaking activities.
(2)The development of any future guidance, environmental reviews (including NEPA, CAA, Federal Land Policy Act), regulation, or procedures for Federal agency programs, policies, or activities that affect human health or the environment.
(d)Interagency Federal Working Group coordination and guidanceThe Interagency Federal Working Group on Environmental Justice (in this section referred to as the Working Group) shall—
(1)coordinate an integrated environmental justice training plan for the Federal agencies and offices listed in subsection (c);
(2) formalize meaningful public participation goals and procedures;
(3) survey the Federal agencies and offices to determine what is effective and how to best facilitate outreach without duplicating efforts;
(4) develop a strategy for allocating responsibilities and ensuring participation in multi-agency projects, even when faced with competing agency priorities; and
(5) coordinate plans to communicate research results so reporting and outreach activities produce more useful and timely information.
(e)Agency public participation efforts
(1)Outreach effortsEach Federal agency listed in subsection (c) shall carry out and report outreach activities to the Working Group, including the following:
(A)Respond directly to inquiries from the public and other stakeholders.
(B)Maintain Web sites and listservers.
(C)Produce and distribute hardcopy documents and multimedia products.
(D)Conduct or sponsor briefings, lectures, and press conferences.
(E)Testify before Congress or other government bodies.
(F)Finance scholarships, fellowships, and internships.
(G)Support museum exhibits and other public displays.
(H)Sponsor, participate, or otherwise contribute to meetings attended by stakeholders.
(I)Provide scientifically-sound content for K–12 education activities.
(J)Fund outreach efforts managed outside the Federal Government.
(2)StakeholdersTo ensure their active public participation and to provide input early in environmental decision-making, Federal agencies along with the Working Group shall develop ways to enhance partnerships and coordination with stakeholders, including affected communities, Federal, Tribal, State, and local governments, environmental organizations, nonprofit organizations, academic institutions (including Historically Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs), and Tribal Colleges), and business and industry.
(f)Authorization of appropriations
(1)There are authorized to be appropriated for each of the entities named in section 3(a) and (b), $1,000,000 for each of fiscal years 2008 through 2018 to carry out this section.
(2)There are authorized to be appropriated for the purposes of section 3(c), (d), and (e) such sums as may be necessary for each of fiscal years 2008 through 2018.
4.Community access and participation in Federal environmental justice initiatives
(a)Community Technology Centers
(1)In generalFederal agencies shall collaboratively fund and establish community technology centers to assist with technical assistance issues in the environmental justice area, coordinated by the Interagency Federal Working Group on Environmental Justice.
(2)DescriptionIn this subsection, the term community technology center (CTC) refers to programs with the goal of providing at least 10 hours of open access a week for anyone in a community, especially youth and adults in low-income urban and rural communities, for purposes of providing technical assistance to communities experiencing issues associated with environmental hazards.
(3)LocationA community technology center may be located in places such as libraries, community centers, schools, churches, social service agencies, low-income residential housing complexes, and Minority Academic Institutions (such as Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges).
(4)Criteria for establishment of community technology centersThe President shall recommend the minimum number of community technology centers based on demographic profiles of environmental justice communities, within 12 months of the implementation of this Act.
(5)Activities of Community Technology CenterA community technology center funded under this section shall—
(A)assist community members in becoming active participants in cleanup and environmental development activities;
(B)provide independent and credible technical assistance to communities affected by hazardous waste contamination;
(C)review and interpret technical documents and other materials;
(D)sponsor workshops, short courses, and other learning experiences to explain basic science and environmental policy;
(E)inform community members about existing technical assistance materials, such as publications, videos, and web sites;
(F)offer training to community leaders in facilitation and conflict resolution among stakeholders; and
(G)create technical assistance materials tailored to the identified needs of a community.
(6)Reporting requirementsTo further the development of the mandated environmental justice offices, the following reports on identified accomplishments, complaints, and implementation of this Act shall be undertaken:
(A)The President shall present an annual report to Congress on the state of environmental justice in the agencies identified in this Act within 12 months after the enactment of this Act.
(B)The Government Accountability Office shall report to Congress an evaluation of the implementation of this Act within 18 months after the enactment of this Act.
(b)Authorization of appropriationsThere are authorized to be appropriated to the entities named in this section such sums as may be necessary for each of fiscal years 2008 through 2018 to carry out this section.
5.Documentation and reportsTo further the development of the mandated environmental justice offices, and other initiatives set forth by this Act, the following reports on identified accomplishments, complaints, and implementation of this Act shall be undertaken:
(1)The President shall present an annual report to Congress on the state of environmental justice in the agencies identified in this Act within 12 months after the enactment of this Act.
(2)The Government Accountability Office shall report to Congress an evaluation of the implementation of this Act within 18 months after the enactment of this Act.


110 HR 2387 IH: To prohibit the use of Federal funds for any universal or

U.S. House of Representatives
2007-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 2387
		IN THE HOUSE OF REPRESENTATIVES

			May 17, 2007
			Mr. Paul (for
			 himself, Mr. Miller of Florida,
			 Mr. Everett,
			 Mr. Burton of Indiana,
			 Mrs. Blackburn,
			 Mr. Hunter,
			 Mr. Simpson,
			 Mr. McCotter,
			 Mr. Neugebauer,
			 Mr. Hensarling,
			 Mr. Bartlett of Maryland,
			 Mr. Tancredo, and
			 Mr. Doolittle) introduced the
			 following bill; which was referred to the Committee on Energy and Commerce, and in
			 addition to the Committees on Education
			 and Labor and Ways and
			 Means, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To prohibit the use of Federal funds for any universal or
		  mandatory mental health screening program.

		1.Short titleThis Act may be cited as the Parental
			 Consent Act of 2007.
		2.FindingsThe Congress finds as follows:
			(1)The United States
			 Preventive Services Task Force (USPSTF) issued findings and recommendations
			 against screening for suicide that corroborate those of the Canadian Preventive
			 Services Task Force. USPSTF found no evidence that screening for suicide
			 risk reduces suicide attempts or mortality. There is limited evidence on the
			 accuracy of screening tools to identify suicide risk in the primary care
			 setting, including tools to identify those at high risk..
			(2)The 1999 Surgeon
			 General’s report on mental health admitted the serious conflicts in the medical
			 literature regarding the definitions of mental health and mental illness when
			 it said, In other words, what it means to be mentally healthy is subject
			 to many different interpretations that are rooted in value judgments that may
			 vary across cultures. The challenge of defining mental health has stalled the
			 development of programs to foster mental health (Secker, 1998). . .
			 ..
			(3)A
			 2005 report by the National Center for Infant and Early Childhood Health Policy
			 admitted, with respect to the psychiatric screening of children from birth to
			 age 5, the following: We have mentioned a number of the problems for the
			 new field of IMH [Infant Mental Health] throughout this paper, and many of them
			 complicate examining outcomes.. Briefly, such problems include:
				(A)Lack of
			 baseline
				(B)Lack of agreement
			 about diagnosis.
				(C)Criteria for
			 referrals or acceptance into services are not always well defined.
				(D)Lack of
			 longitudinal outcome studies.
				(E)Appropriate
			 assessment and treatment requires multiple informants involved with the young
			 child: parents, clinicians, child care staff, preschool staff, medical
			 personnel, and other service providers.
				(F)Broad parameters
			 for determining socioemotional outcomes are not clearly defined, although much
			 attention is now being given to school readiness.
				(4)Authors of the
			 bible of psychiatric diagnosis, the Diagnostic and Statistical Manual, admit
			 that the diagnostic criteria for mental illness are vague, saying,
			 DSM–IV criteria remain a consensus without clear empirical data
			 supporting the number of items required for the diagnosis. . . . Furthermore,
			 the behavioral characteristics specified in DSM–IV, despite efforts to
			 standardize them, remain subjective. . . . (American Psychiatric
			 Association Committee on the Diagnostic and Statistical Manual (DSM–IV 1994),
			 pp. 1162–1163).
			(5)Because of the
			 subjectivity of psychiatric diagnosis, it is all too easy for a psychiatrist to
			 label a person’s disagreement with the psychiatrist’s political beliefs a
			 mental disorder.
			(6)Efforts are
			 underway to add a diagnosis of extreme intolerance to the
			 Diagnostic and Statistical Manual. Prisoners in the California State penal
			 system judged to have this extreme intolerance based on race or sexual
			 orientation are considered to be delusional and are being medicated with
			 anti-psychotic drugs. (Washington Post 12/10/05)
			(7)At least one
			 federally-funded school violence prevention program has suggested that a child
			 who shares his or her parent’s traditional values may be likely to instigate
			 school violence.
			(8)Despite many
			 statements in the popular press and by groups promoting the psychiatric
			 labeling and medication of children, that ADD/ADHD is due to a chemical
			 imbalance in the brain, the 1998 National Institutes of Health Consensus
			 Conference said, . . . further research is necessary to firmly establish
			 ADHD as a brain disorder. This is not unique to ADHD, but applies as well to
			 most psychiatric disorders, including disabling diseases such as schizophrenia.
			 . . . Although an independent diagnostic test for ADHD does not exist. . . .
			 Finally, after years of clinical research and experience with ADHD, our
			 knowledge about the cause or causes of ADHD remains
			 speculative..
			(9)There has been a
			 precipitous increase in the prescription rates of psychiatric drugs in
			 children:
				(A)The use of
			 antipsychotic medication in children has increased nearly fivefold between 1995
			 and 2002 with more than 2.5 million children receiving these medications, the
			 youngest being 18 months old. (Vanderbilt University, 2006)
				(B)More than 2.2
			 million children are receiving more than one psychotropic drug at one time with
			 no scientific evidence of safety or effectiveness. (Medco Health Solutions,
			 2006)
				(C)More money was
			 spent on psychiatric drugs for children than on antibiotics or asthma
			 medication in 2003. (Medco Trends, 2004)
				(10)A September 2004
			 Food and Drug Administration hearing found that more than two-thirds of studies
			 of antidepressants given to depressed children showed that they were no more
			 effective than placebo, or sugar pills, and that only the positive trials were
			 published by the pharmaceutical industry. The lack of effectiveness of
			 antidepressants has been known by the Food and Drug Administration since at
			 least 2000 when, according to the Food and Drug Administration Background
			 Comments on Pediatric Depression, Robert Temple of the Food and Drug
			 Administration Office of Drug Evaluation acknowledged the preponderance
			 of negative studies of antidepressants in pediatric populations. The
			 Surgeon General’s report said of stimulant medication like Ritalin,
			 However, psychostimulants do not appear to achieve long-term changes in
			 outcomes such as peer relationships, social or academic skills, or school
			 achievement..
			(11)The Food and Drug
			 Administration finally acknowledged by issuing its most severe Black Box
			 Warnings in September 2004, that the newer antidepressants are related to
			 suicidal thoughts and actions in children and that this data was hidden for
			 years. A confirmatory review of that data published in 2006 by Columbia
			 University's department of psychiatry, which is also the originator of the
			 TeenScreen instrument, found that in children and adolescents (aged 6–18
			 years), antidepressant drug treatment was significantly associated with suicide
			 attempts . . . and suicide deaths. . . . . The Food and Drug
			 Administration had over 2000 reports of completed suicides from 1987 to 1995
			 for the drug Prozac alone, which by the agency’s own calculations represent but
			 a fraction of the suicides. Prozac is the only such drug approved by the Food
			 and Drug Administration for use in children.
			(12)Other possible
			 side effects of psychiatric medication used in children include mania,
			 violence, dependence, weight gain, and insomnia from the newer antidepressants;
			 cardiac toxicity including lethal arrhythmias from the older antidepressants;
			 growth suppression, psychosis, and violence from stimulants; and diabetes from
			 the newer anti-psychotic medications.
			(13)Parents are
			 already being coerced to put their children on psychiatric medications and some
			 children are dying because of it. Universal or mandatory mental health
			 screening and the accompanying treatments recommended by the President’s New
			 Freedom Commission on Mental Health will only increase that problem. Across the
			 country, Patricia Weathers, the Carroll Family, the Johnston Family, and the
			 Salazar Family were all charged or threatened with child abuse charges for
			 refusing or taking their children off of psychiatric medications.
			(14)The United States
			 Supreme Court in Pierce versus Society of Sisters (268 U.S. 510 (1925)) held
			 that parents have a right to direct the education and upbringing of their
			 children.
			(15)Universal or
			 mandatory mental health screening violates the right of parents to direct and
			 control the upbringing of their children.
			(16)Federal funds
			 should never be used to support programs that could lead to the increased
			 over-medication of children, the stigmatization of children and adults as
			 mentally disturbed based on their political or other beliefs, or the violation
			 of the liberty and privacy of Americans by subjecting them to invasive
			 mental health screening (the results of which are placed in
			 medical records which are available to government officials and special
			 interests without the patient’s consent).
			3.Prohibition
			 against Federal funding of Universal or mandatory mental health
			 screening
			(a)Universal or
			 Mandatory Mental Health Screening ProgramNo Federal funds may be
			 used to establish or implement any universal or mandatory mental health,
			 psychiatric, or socioemotional screening program.
			(b)Refusal to
			 Consent as Basis of a Charge of Child Abuse or Education
			 NeglectNo Federal education funds may be paid to any local
			 educational agency or other instrument of government that uses the refusal of a
			 parent or legal guardian to provide express, written, voluntary, informed
			 consent to mental health screening for his or her child as the basis of a
			 charge of child abuse, child neglect, medical neglect, or education neglect
			 until the agency or instrument demonstrates that it is no longer using such
			 refusal as a basis of such a charge.
			(c)DefinitionFor
			 purposes of this Act, the term universal or mandatory mental health,
			 psychiatric, or socioemotional screening program—
				(1)means any mental
			 health screening program in which a set of individuals (other than members of
			 the Armed Forces or individuals serving a sentence resulting from conviction
			 for a criminal offense) is automatically screened without regard to whether
			 there was a prior indication of a need for mental health treatment; and
				(2)includes—
					(A)any program of
			 State incentive grants for transformation to implement recommendations in the
			 July 2003 report of the President’s New Freedom Commission on Mental Health,
			 the State Early Childhood Comprehensive System, grants for TeenScreen, and the
			 Foundations for Learning Grants; and
					(B)any student mental
			 health screening program that allows mental health screening of individuals
			 under 18 years of age without the express, written, voluntary, informed consent
			 of the parent or legal guardian of the individual involved.


116 HR 710 IH: Coronavirus Containment Corps Act
U.S. House of Representatives
2021-02-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 710IN THE HOUSE OF REPRESENTATIVESFebruary 2, 2021Mr. Levin of Michigan (for himself, Ms. Adams, Mr. Auchincloss, Ms. Barragán, Ms. Bass, Mrs. Beatty, Ms. Bonamici, Mr. Bowman, Mr. Carson, Ms. Dean, Ms. DeGette, Mr. DeSaulnier, Mrs. Dingell, Mr. Evans, Mr. Gallego, Mr. García of Illinois, Mr. Green of Texas, Mr. Grijalva, Mr. Hastings, Mrs. Hayes, Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Mr. Khanna, Mr. Lawson of Florida, Ms. Lee of California, Mr. Lieu, Ms. Norton, Mr. Payne, Mr. Pocan, Ms. Porter, Mr. Raskin, Ms. Ross, Ms. Roybal-Allard, Mr. Sablan, Ms. Scanlon, Mr. Takano, Ms. Tlaib, Mr. Trone, and Mr. Vargas) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo create a Coronavirus Containment Corps, and for other purposes.1.Short title; table of contents; definitions(a)Short titleThis Act may be cited as the Coronavirus Containment Corps Act.(b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents; definitions.Sec. 2. Nationwide contact tracing strategy.Sec. 3. Grants to public health departments.Sec. 4. Awards to Tribes and Tribal organizations.Sec. 5. Reporting by the Centers for Disease Control and Prevention.Sec. 6. Grants to State and Tribal workforce agencies.Sec. 7. GAO study.Sec. 8. Application of the Service Contract Act to contracts and grants.Sec. 9. Rule of construction.(c)DefinitionsIn this Act:(1)The term appropriate congressional committees means—(A)the Committee on Education and Labor of the House of Representatives;(B)the Committee on Energy and Commerce of the House of Representatives; and(C)the Committee on Health, Education, Labor, and Pensions of the Senate.(2)The term COVID–19 public health emergency means—(A)the public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, as a result of confirmed cases of 2019 Novel Coronavirus (2019–nCoV) and any successor to such declaration; or(B)the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) on March 13, 2020, as a result of the COVID–19 outbreak.(3)The term State includes any of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.(4)The terms Indian Tribe and Tribal organization have the meanings given to the terms Indian Tribe and Tribal organization, respectively, in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).2.Nationwide contact tracing strategy(a)In generalNot later than 21 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary), acting through the Director of the Centers for Disease Control and Prevention, shall—(1)provide to the appropriate congressional committees a strategy to expand COVID–19 contact tracing; and(2)include in such strategy recommendations to augment the capacity of State, Tribal, and local public health departments to train and place individuals (to be referred to collectively as the Coronavirus Containment Corps) to—(A)investigate cases of COVID–19;(B)identify the contacts of individuals confirmed or presumed to have been infected by SARS–CoV–2;(C)trace such contacts; and(D)provide supports to ensure that such contacts can take the precautions necessary to safely quarantine to stop the spread of COVID–19.(b)ConsultationIn developing the strategy under subsection (a), the Secretary shall consult with—(1)State public health officials;(2)Tribal public health officials, Tribal nations, and Tribal organizations;(3)local public health officials;(4)the Director of the Indian Health Service; and(5)experts with knowledge of, or field experience concerning, racial and ethnic disparities in public health and historically marginalized communities.(c)RequirementsThe strategy under subsection (a) shall identify—(1)the minimum number of persons needed to investigate cases of COVID–19 and identify the contacts of individuals confirmed or presumed to have been infected by SARS–CoV–2 for each State and Indian Tribe;(2)the minimum number of contact tracers needed for each State and Indian Tribe;(3)the minimum number of specialists needed to connect contacts described in paragraph (1) to social supports to ensure those contacts can take the precautions necessary to safely quarantine to stop the spread of COVID–19 for each State and Indian Tribe;(4)the recommended qualifications necessary for case investigators, contact tracers, and social support specialists to perform such duties successfully;(5)strategies to enable State, Tribal, and local public health departments to hire, train, and deploy case investigators, contact tracers, and social support specialists;(6)strategies to rapidly develop guidance and training materials necessary to support public health departments in preparing individuals to serve as case investigators, contact tracers, and social support specialists;(7)plans to use mobile or app-based contact tracing technology, including—(A)plans to prevent the misuse of data and to ensure the automatic deletion of data after the conclusion of the COVID–19 public health emergency; and(B)plans to prohibit data sharing with and within the Federal Government, with the exceptions of the Centers for Disease Control and Prevention and the Indian Health Service;(8)strategies to record and publicly report de-identified data, while protecting—(A)the privacy of individuals and information regarding their personal health; and(B)Tribal data sovereignty;(9)protocols to limit the risks posed to individual privacy and data security, including through data minimization, anonymizing and redacting, and limitations on sharing and storing personally identifiable information;(10)strategies to monitor and evaluate best practices in contact tracing, with input from State, Tribal, and local public health departments; and(11)strategies to coordinate with State and Tribal workforce agencies to recruit newly unemployed individuals—(A)prioritizing individuals from within the communities in which they will work; and(B)reflecting the diversity of that community.(d)Strategies To enable hiring, training, and deploymentNot later than 7 days after the strategy under subsection (a) is provided to the appropriate congressional committees, the Secretary shall provide the strategies described in subsection (c)(5) to States and Tribes. 3.Grants to public health departments(a)In generalSubject to the availability of appropriations, the Secretary Health and Human Services (in this section referred to as the Secretary), acting through the Director of the Centers for Disease Control and Prevention, shall award a grant to each State and local public health department that seeks a grant in accordance with this section to implement the strategy under section 2(a).(b)FormulaThe Secretary shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary that—(1)provides a minimum level of funding to each grantee; and(2)allocates—(A)additional funding among grantees based on—(i)population, including the presence of medically underserved populations (as defined in section 330(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)(3)));(ii)the projected need for COVID–19 in vitro diagnostic products (as defined in section 809.3 of title 21, Code of Federal Regulations (or successor regulations)) during the period of the grant;(iii)the percentage of COVID–19 cases per 10,000 persons as of the date of submission of the application for the grant;(iv)the COVID–19 case growth rate; and(v)the projected number of COVID–19 cases during the period of the grant; and(B)an additional increment for States that have a plan to increase the percentage of the population that will be tested.(c)Required uses of fundsAmounts made available to a grantee pursuant to subsection (a) shall be used for the following activities:(1)Costs, including wages and benefits, including health care benefits, as appropriate, related to the recruiting and hiring of individuals—(A)to serve as case investigators, contact tracers, and social support specialists described in paragraphs (1), (2), and (3), respectively, of section 2(c); and(B)employed by—(i)the State or local government involved; or(ii)a nonprofit organization with demonstrated expertise in implementing public health programs.(2)Supplies necessary for grantees to implement the strategy established under section 2, including any supplies, equipment, or technology for individuals serving as case investigators, contact tracers, or social support specialists.(3)Administrative costs and activities necessary for grantees to implement the strategy established under section 2.(4)Development of partnerships with State and local workforce development systems as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) to provide training and supportive service for individuals serving as case investigators, contact tracers, or social support specialists.(5)Reporting to the Centers for Disease Control and Prevention on—(A)implementation of the strategy established under section 2; and(B)indicators of performance listed in section 5(c)(1).(d)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $10,000,000,000, to remain available until expended.4.Awards to Tribes and Tribal organizations(a)In generalSubject to the availability of appropriations, the Secretary of Health and Human Services (in this section referred to as the Secretary), acting through the Director of the Indian Health Service, in coordination with the Director of the Centers for Disease Control and Prevention, in consultation with Indian Tribes and Tribal organizations, shall award funds to Indian Tribes and Tribal organizations to implement the strategy established under section 2.(b)FormulaThe Secretary shall allocate amounts made available pursuant to subsection (a) in accordance with a formula to be established by the Secretary in consultation with Indian Tribes and Tribal organizations that—(1)provides a minimum level of funding to each Indian Tribe and Tribal organization; and(2)allocates additional funding on the basis of population.(c)Eligible activitiesAmounts made available to an awardee pursuant to subsection (a) shall be used for the following activities:(1)Costs, including wages and benefits, including health care benefits, as appropriate, related to the recruiting and hiring of individuals— (A)to serve as case investigators, contact tracers, and social support specialists described in paragraphs (1), (2), and (3), respectively, of section 2(c); and(B)employed by—(i)the Tribal government involved; or(ii)a nonprofit organizations with demonstrated expertise in implementing public health programs.(2)Supplies necessary for awardees to implement the strategy established under section 2, including any supplies, equipment, or technology for individuals serving as case investigators, contact tracers, or social support specialists.(3)Administrative costs and activities necessary for awardees to implement the strategy established under section 2.(4)Development of partnerships with State and local workforce development systems as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102) to provide training and supportive service for individuals serving as case investigators, contact tracers, or social support specialists.(5)Reporting to the Indian Health Service, which shall then report the information to the Centers for Disease Control and Prevention, on—(A)implementation of the strategy established under section 2; and(B)indicators of performance listed in section 5(c)(1).(d)Authorization of appropriationsTo carry out this section, there is authorized to be appropriated $1,000,000,000, to remain available until expended.5.Reporting by the Centers for Disease Control and Prevention(a)In generalNot later than 90 days after the date of enactment of this Act, and every 30 days thereafter, the Secretary of Health and Human Services acting through the Director of the Centers for Disease Control and Prevention (in this section referred to as the Secretary) shall report to the appropriate congressional committees on the implementation of the strategy established under section 2.(b)Reporting infrastructureIn carrying out subsection (a), the Secretary shall—(1)support a reporting infrastructure that—(A)minimizes administrative burdens on States, Indian Tribes, Tribal organizations, and localities; and(B)protects the privacy of individuals’ information; and(2)consult with Indian Tribes and Tribal organizations and coordinate with the Indian Health Service to create a reporting infrastructure for Indian Tribes and Tribal organizations that—(A)honors and preserves Tribal data sovereignty; and(B)ensures that Indian Tribes and Tribal organizations consent before any Tribal data is reported.(c)RequirementsThe report under subsection (a) shall—(1)for each State and Indian Tribe include—(A)the number of case investigators hired, trained, and deployed;(B)the number of contact tracers hired, trained, and deployed;(C)the number of social support specialists hired, trained, and deployed;(D)the number of case investigations launched;(E)the percentage of contacts reached compared to the percentage of contacts identified;(F)the percentage of contacts quarantined or isolated compared to the percentage of contacts reached; (G)the percentage of contacts connected to social supports compared to the percentage of contacts needing such supports to quarantine; and(H)a description of any barriers that limit the ability of contacts to quarantine, to isolate, or to access needed social supports;(2)contextualize the data that is reported so as to mitigate discrimination against historically marginalized communities; and(3)be made public on the internet website of the Centers for Disease Control and Prevention.6.Grants to State and Tribal workforce agencies(a)Definitions(1)In generalExcept as otherwise provided, the terms in this section have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).(2)Apprenticeship; apprenticeship programThe term “apprenticeship” or “apprenticeship program” means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the ‘‘National Apprenticeship Act’’) (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019.(3)Contact tracing and related positionsThe term contact tracing and related positions means employment related to contact tracing, surveillance, containment, and mitigation activities. (4)Eligible entityThe term eligible entity means—(A)a State or territory, including the District of Columbia and Puerto Rico;(B)an Indian Tribe, Tribal organization, Urban Indian organization, Alaska Native entity, Indian-controlled organization serving Indians, or Native Hawaiian organization;(C)an outlying area; or(D)a local board, if an eligible entity under subparagraphs (A) through (C) has not applied with respect to the area over which the local board has jurisdiction as of the date on which the local board submits an application under subsection (c). (5)Eligible individualNotwithstanding section 170(b)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(2)), the term eligible individual means an individual seeking or securing employment in contact tracing or related positions and is served by an eligible entity or community-based organization receiving funding under this section.(6)SecretaryThe term Secretary means the Secretary of Labor.(7)Urban Indian organizationThe term Urban Indian organization has the meaning given to such term in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603).(b)Grants(1)In generalSubject to the availability of appropriations under subsection (g), the Secretary shall award national dislocated worker grants under section 170(b)(1)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(b)(1)(B)) to each eligible entity that seeks a grant to assist local boards and community-based organizations in carrying out activities under subsections (f) and (d), respectively, for the following purposes:(A) To support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions in accordance with the strategy established under section 2 of this Act. (B)To assist with the employment transition to new employment or education and training of individuals employed under this section in preparation for and upon termination of such employment.(2)TimelineThe Secretary of Labor shall—(A)issue application requirements under subsection (c) not later than 10 days after the date of enactment of this section; and(B)award grants to an eligible entity under paragraph (1) not later than 10 days after the date on which the Secretary receives an application from such entity. (c)Grant applicationAn eligible entity applying for a grant under this section shall submit an application to the Secretary, at such time and in such form and manner as the Secretary may reasonably require, which shall include a description of—(1)how the eligible entity will support the recruitment, placement, and training, as applicable, of eligible individuals seeking employment in contact tracing and related positions by partnering with—(A)a State, local, Tribal, or territorial health department; or(B)a community-based organization partnering with such health departments;(2)how the activities described in paragraph (1) will support State efforts to address the demand for contact tracing and related positions with respect to—(A)the State plans referred to in the heading Public Health and Social Services Emergency Fund in title I of division B of the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139); (B)the strategy established under section 2 of this Act; and(C)the number of eligible individuals that the State plans to recruit and train under the plans and strategies described in subparagraphs (A) and (B); (3)the specific strategies for recruiting and placement of eligible individuals from or residing within the communities in which they will work, including—(A)plans for the recruitment of eligible individuals to serve as contact tracers and related positions, including dislocated workers, individuals with barriers to employment, veterans, new entrants in the workforce, or underemployed or furloughed workers, who are from or reside in or near the local area in which they will serve, and who, to the extent practicable—(i)have experience or a background in industry-sectors and occupations such as public health, social services, customer service, case management, or occupations that require related qualifications, skills, or competencies, such as strong interpersonal and communication skills, needed for contact tracing or related positions; or(ii)seek to transition to public health and public health related occupations upon the conclusion of employment in contact tracing or related positions; (B)how such strategies will take into account the diversity of such community, including racial, ethnic, socioeconomic, linguistic, or geographic diversity;(4)the amount, timing, and mechanisms for distribution of funds provided to local boards or through subgrants as described in subsection (d);(5)for eligible entities described in subparagraphs (A) through (C) of subsection (a)(4), a description of how the eligible entity will ensure the equitable distribution of funds with respect to—(A)geography (such as urban and rural distribution);(B)medically underserved populations (as defined in section 33(b)(3) of the Public Health Service Act (42 U.S.C. 254b(b)));(C)health professional shortage areas (as defined under section 332(a) of the Public Health Service Act (42 U.S.C. 254e(a))); and(D)the racial and ethnic diversity of the area; and(6)for eligible entities who are local boards, a description of how a grant to such eligible entity would serve the equitable distribution of funds as described in paragraph (5). (d)Subgrant authorization and application process(1)In generalAn eligible entity may award a subgrant to a community-based organization for the purposes of partnering with a State or local board to conduct outreach and education activities to inform potentially eligible individuals about employment opportunities in contact tracing and related positions.(2)ApplicationA community-based organization shall submit an application at such time and in such manner as the eligible entity may reasonably require, including—(A)a demonstration of the community-based organization’s established expertise and effectiveness in community outreach in the local area that such organization plans to serve;(B)a demonstration of the community-based organization’s expertise in providing employment or public health information to the local areas in which such organization plans to serve; and(C)a description of the expertise of the community-based organization in utilizing culturally competent and multilingual strategies in the provision of services.(e)Grant distribution(1)Federal distribution(A)Use of fundsThe Secretary of Labor shall use the funds appropriated to carry out this section as follows:(i)Subject to clause (ii), the Secretary shall distribute funds among eligible entities in accordance with a formula to be established by the Secretary that—(I)provides a minimum level of funding to each eligible entity that seeks a grant under this section; and(II)allocates additional funding with priority given based on the number and proportion of contact tracing and related positions that the State plans to recruit, place, and train as a part of the State plans described in subsection (c)(2)(A).(ii)Not more than 2 percent of the funding may be used for administration of the grants and for providing technical assistance to recipients of funds under this section.(B)Equitable distributionIf the geographic region served by one or more eligible entities overlaps, the Secretary shall distribute funds among such entities in such a manner that ensures equitable distribution with respect to the factors under in subsection (c)(5). (2)Eligible entity use of fundsAn eligible entity described in subparagraphs (A) through (C) of subsection (a)(4)—(A)shall, not later than 30 days after the date on which the entity receives grant funds under this section, provide not less than 70 percent of grant funds to local boards for the purpose of carrying out activities in subsection (f); (B)may use up to 20 percent of such funds to make subgrants to community-based organizations in the service area to conduct outreach, to potential eligible individuals, as described in subsection (d);(C)in providing funds to local boards and awarding subgrants under this subsection shall ensure the equitable distribution with respect to the factors described in subsection (c)(5); and(D)may use not more than 10 percent of the funds awarded under this section for the administrative costs of carrying out the grant and for providing technical assistance to local boards and community-based organizations. (3)Local board use of fundsA local board, or an eligible entity that is a local board, shall use—(A)not less than 60 percent of the funds for recruitment and training for activities in accordance with the strategy established under section 2;(B)not less than 30 of the funds to support the transition of individuals hired as contact tracers and related positions into an education or training program, or unsubsidized employment upon completion of such positions; and(C)not more than 10 percent of the funds for administrative costs.(f)Eligible activitiesThe State or local boards shall use funds awarded under this section to support the recruitment and placement of eligible individuals, training and employment transition as related to contact tracing and related positions, and for the following activities:(1)Establishing or expanding partnerships with—(A)State, local, Tribal, and territorial public health departments;(B)community-based health providers, including community health centers and rural health clinics;(C)labor organizations or joint labor management organizations;(D)two-year and four-year institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), including institutions eligible to receive funds under section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)); and(E)community action agencies or other community-based organizations serving local areas in which there is a demand for contact tracers and related positions. (2)Providing training for contact tracing and related positions in coordination with State, local, Tribal, or territorial health departments that is consistent with the State or territorial testing and contact tracing strategy and ensuring that eligible individuals receive compensation while participating in such training. (3)Providing eligible individuals with—(A)adequate and safe equipment, environments, and facilities for training and supervision, as applicable;(B)information regarding the wages and benefits related to contact tracing and related positions, as compared to State, local, and national averages;(C)supplies and equipment needed by the program participants to support placement of an individual in contact tracing and related positions, as applicable; (D)an individualized employment plan for each eligible individual, as applicable—(i)in coordination with the entity employing the eligible individual in a contact tracing or related position; and(ii)which shall include providing a case manager to work with each eligible individual to develop the plan, which may include—(I)identifying employment and career goals, and setting appropriate achievement objectives to attain such goals; and(II)exploring career pathways that lead to in-demand industries and sectors, including in public health and related occupations; and(E)services for the period during which the individual is employed in a contact tracing and related position to ensure job retention, which may include—(i)supportive services throughout the term of employment;(ii)a continuation of skills training as related to employment as a contact tracer or related positions, that is conducted in collaboration with the employers of such participants;(iii)mentorship services and job retention support for eligible individuals; or(iv)targeted training for managers and workers working with eligible individuals (such as mentors), and human resource representatives.(4)Supporting the transition and placement in unsubsidized employment for eligible individuals serving in the contact tracing or related positions after such positions are no longer necessary in the State or local area, including—(A)any additional training and employment activities as described in section 170(d)(4) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(4));(B)developing the appropriate combination of services to enable the eligible individual to achieve the employment and career goals identified under paragraph (3)(D)(ii)(I); and(C)services to assist eligible individuals in maintaining employment for not less than 12 months after the completion of employment in contact tracing or related positions, as appropriate.(5)Any other activities as described in subsections (a)(3) and (b) of section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174).(g)LimitationNotwithstanding section 170(d)(3)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3225(d)(3)(A)), a person may be employed in a contact tracing or related position using funds under this section for a period not greater than 2 years. (h)Reporting by the Department of Labor(1)In generalNot later than 120 days of the enactment of this Act, and once grant funds have been expended under this section, the Secretary shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, and make publicly available a report containing a description of—(A)the number of eligible individuals recruited, hired, trained as contact tracers or in related positions;(B)the number of individuals successfully transitioned to unsubsidized employment or training at the completion of employment in contact tracing or related positions using funds under this subtitle;(C)the number of such individuals who were unemployed prior to being hired, trained, or deployed as described in paragraph (1);(D)the performance of each program supported by funds under this subtitle with respect to the indicators of performance under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), as applicable;(E)the number of individuals in unsubsidized employment within six months and 1 year, respectively, of the conclusion of employment in contact tracing or related positions and, of those, the number of individuals within a State, territorial, or local public health department in an occupation related to public health;(F)any information on how eligible entities, local boards, or community-based organizations that received funding under this subsection were able to support the goals of the strategy established under section 2 of this Act; and(G)best practices for improving and increasing the transition of individuals employed in contact tracing or related positions to permanent, full-time employment. (2)DisaggregationAll data reported under paragraph (1) shall be disaggregated by race, ethnicity, sex, age, and, with respect to individuals with barriers to employment, subpopulation of such individuals, except for when the number of participants in a category is insufficient to yield statistically reliable information or when the results would reveal personally identifiable information about an individual participant.(i)Special ruleAny funds used for programs under this section that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term subsection (a) of this section, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program.(j)Displacement(1)ProhibitionA participant in a program or activity authorized under this section shall not displace (including a partial displacement, such as a reduction in the hours of nonovertime work, wages, or employment benefits) any currently employed employee (as of the date of the participation).(2)Prohibition on impairment of contractsA program or activity authorized under this section shall not impair an existing contract for services or collective bargaining agreement, and no such activity that would be inconsistent with the terms of a collective bargaining agreement shall be undertaken without the written concurrence of the labor organization and employer concerned.(k)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $500,000,000.7.GAO study(a)Scope of studyThe Comptroller General of the United States shall conduct a study to evaluate—(1)the strategies, components, policies, and practices used by recipients of funding under this Act to successfully assist—(A)State, Tribal, and local health departments; and(B)State, Tribal, and local workforce development systems; and(2)any challenges associated with implementation of such strategies, components, policies, and practices.(b)ConsultationIn carrying out the study under subsection (a), the Comptroller General shall consult with a geographically diverse (including urban, suburban, and rural) representation of individuals engaged in implementation of this Act, including the following:(1)Centers for Disease Control and Prevention employees.(2)Department of Labor employees.(3)State and local public health departments.(4)State and local workforce development systems.(5)Indian Tribes and Tribal organizations.(6)Case investigators, contact tracers, and social support specialists.(c)SubmissionNot later than two years after the date of enactment of this Act, the Comptroller General shall submit the study conducted under subsection (a) to the appropriate congressional committees.8.Application of the Service Contract Act to contracts and grantsContracts and grants which include contact tracing as part of the scope of work and that are awarded under this subtitle shall require that contact tracers and related positions are paid not less than the prevailing wage and fringe rates required under chapter 67 of title 41, United States Code (commonly known as the Service Contract Act), for the area in which the work is performed. To the extent that a nonstandard wage determination is required to establish a prevailing wage for contact tracers and related positions for purposes of this subtitle, the Secretary of Labor shall issue such determination not later than 14 days after the date of enactment of this Act, based on a job description used by the Centers for Disease Control and Prevention and contractors or grantees performing contact tracing for State public health agencies. 9.Rule of constructionNothing in this Act shall be construed to restrict or in any way infringe upon individuals’ freedom of association.


116 HR 389 : Kleptocracy Asset Recovery Rewards Act
U.S. House of Representatives
2019-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB116th CONGRESS1st SessionH. R. 389IN THE SENATE OF THE UNITED STATESMay 15, 2019Received; read twice and referred to the Committee on Banking, Housing, and Urban AffairsAN ACTTo authorize the Secretary of the Treasury to pay rewards under an asset recovery rewards program
			 to help identify and recover stolen assets linked to foreign government
			 corruption and the proceeds of such corruption hidden behind complex
 financial structures in the United States and abroad.1.Short titleThe Act may be cited as the Kleptocracy Asset Recovery Rewards Act.2.Findings; sense of Congress(a)FindingsCongress finds the following:(1)The Stolen Asset Recovery Initiative (StAR), a World Bank and United Nations anti-money-laundering effort, estimates that between $20 billion to $40 billion has been lost to developing countries annually through corruption.(2)In 2014, more than $480 million in corruption proceeds hidden in bank accounts around the world by former Nigerian dictator Sani Abacha and his co-conspirators was forfeited through efforts by the Department of Justice.(3)In 2010, the Department of Justice established the Kleptocracy Asset Recovery Initiative, to work in partnership with Federal law enforcement agencies to forfeit the proceeds of foreign official corruption and, where appropriate, return those proceeds to benefit the people harmed by these acts of corruption and abuse of office.(4)Of the $20 billion to $40 billion lost by developing countries annually through corruption, only about $5 billion has been repatriated in the last 15 years.(5)Governments weakened by corruption and loss of assets due to corruption have fewer resources to devote to the fight against terrorism and fewer resources to devote to building strong financial, law enforcement, and judicial institutions to aid in the fight against the financing of terrorism.(6)The United States has a number of effective programs to reward individuals who provide valuable information that assist in the identification, arrest, and conviction of criminal actors and their associates, as well as seizure and forfeiture of illicitly derived assets and the proceeds of criminal activity.(7)The Internal Revenue Service has the Whistleblower Program, which pays awards to individuals who provide specific and credible information to the IRS if the information results in the collection of taxes, penalties, interest or other amounts from noncompliant taxpayers.(8)The Department of State administers rewards programs on international terrorism, illegal narcotics, and transnational organized crime with the goal of bringing perpetrators to justice.(9)None of these existing rewards programs specifically provide monetary incentives for identifying and recovering stolen assets linked solely to foreign government corruption, as opposed to criminal prosecutions or civil or criminal forfeitures.(10)The recovery of stolen assets linked to foreign government corruption and the proceeds of such corruption may not always involve a BSA violation or lead to a forfeiture action. In such cases there would be no ability to pay rewards under existing Treasury Department authorities.(11)Foreign government corruption can take many forms but typically entails government officials stealing, misappropriating, or illegally diverting assets and funds from their own government treasuries to enrich their personal wealth directly through embezzlement or bribes to allow government resources to be expended in ways that are not transparent and may not either be necessary or be the result of open competition. Corruption also includes situations where public officials take bribes to allow government resources to be expended in ways which are not transparent and may not be necessary or the result of open competition. These corrupt officials often use the United States and international financial system to hide their stolen assets and the proceeds of corruption.(12)The individuals who come forward to expose foreign governmental corruption and kleptocracy often do so at great risk to their own safety and that of their immediate family members and face retaliation from persons who exercise foreign political or governmental power. Monetary rewards can provide a necessary incentive to expose such corruption and provide a financial means to provide for their well-being and avoid retribution.(b)Sense of CongressIt is the sense of Congress that a Department of the Treasury stolen asset recovery rewards program to help identify and recover stolen assets linked to foreign government corruption and the proceeds of such corruption hidden behind complex financial structures is needed in order to—(1)intensify the global fight against corruption; and(2)serve United States efforts to identify and recover such stolen assets, forfeit proceeds of such corruption, and, where appropriate and feasible, return the stolen assets or proceeds thereof to the country harmed by the acts of corruption.3.In general(a)Department of the Treasury Kleptocracy Asset Recovery Rewards ProgramChapter 97 of title 31, United States Code, is amended by adding at the end the following:9706.Department of the Treasury Kleptocracy Asset Recovery Rewards Program(a)Establishment(1)In generalThere is established in the Department of the Treasury a program to be known as the Kleptocracy Asset Recovery Rewards Program for the payment of rewards to carry out the purposes of this section.(2)PurposeThe rewards program shall be designed to support U.S. Government programs and investigations aimed at restraining, seizing, forfeiting, or repatriating stolen assets linked to foreign government corruption and the proceeds of such corruption.(3)ImplementationThe rewards program shall be administered by, and at the sole discretion of, the Secretary of the Treasury, in consultation, as appropriate, with the Secretary of State, the Attorney General, and the heads of such other departments and agencies as the Secretary may find appropriate.(b)Rewards authorizedIn the sole discretion of the Secretary and in consultation, as appropriate, with the heads of other relevant Federal departments or agencies, the Secretary may pay a reward to any individual, or to any nonprofit humanitarian organization designated by such individual, if that individual furnishes information leading to—(1)the restraining or seizure of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person;(2)the forfeiture of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person; or(3)where appropriate, the repatriation of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person.(c)Coordination(1)ProceduresTo ensure that the payment of rewards pursuant to this section does not duplicate or interfere with any other payment authorized by the Department of Justice or other Federal law enforcement agencies for the obtaining of information or other evidence, the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the heads of such other agencies as the Secretary may find appropriate, shall establish procedures for the offering, administration, and payment of rewards under this section, including procedures for—(A)identifying actions with respect to which rewards will be offered;(B)the receipt and analysis of data; and(C)the payment of rewards and approval of such payments.(2)Prior approval of the Attorney General requiredBefore making a reward under this section in a matter over which there is Federal criminal jurisdiction, the Secretary of the Treasury shall obtain the written concurrence of the Attorney General.(d)Payment of rewards(1)Authorization of appropriationsFor the purpose of paying rewards pursuant to this section, there is authorized to be appropriated—(A)$450,000 for fiscal year 2020; and(B)for each fiscal year, any amount recovered in stolen assets described under subsection (b) that the Secretary determines is necessary to carry out this program consistent with this section.(2)Limitation on annual paymentsExcept as provided under paragraph (3), the total amount of rewards paid pursuant to this section may not exceed $25 million in any calendar year.(3)Presidential authorityThe President may waive the limitation under paragraph (2) with respect to a calendar year if the President provides written notice of such waiver to the appropriate committees of the Congress at least 30 days before any payment in excess of such limitation is made pursuant to this section.(4)Payments to be made first from stolen asset amountsIn paying any reward under this section, the Secretary shall, to the extent possible, make such reward payment—(A)first, from appropriated funds authorized under paragraph (1)(B); and(B)second, from appropriated funds authorized under paragraph (1)(A).(e)Limitations(1)Submission of informationNo award may be made under this section based on information submitted to the Secretary unless such information is submitted under penalty of perjury.(2)Maximum amountNo reward paid under this section may exceed $5 million, unless the Secretary—(A)personally authorizes such greater amount in writing;(B)determines that offer or payment of a reward of a greater amount is necessary due to the exceptional nature of the case; and(C)notifies the appropriate committees of the Congress of such determination.(3)Approval(A)In generalNo reward amount may be paid under this section without the written approval of the Secretary.(B)DelegationThe Secretary may not delegate the approval required under subparagraph (A) to anyone other than an Under Secretary of the Department of the Treasury.(4)Protection measuresIf the Secretary determines that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected, the Secretary shall take such measures in connection with the payment of the reward as the Secretary considers necessary to effect such protection.(5)Forms of reward paymentThe Secretary may make a reward under this section in the form of a monetary payment.(f)Ineligibility, reduction in, or denial of reward(1)Officer and employeesAn officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of official duties, furnishes information described under subsection (b) shall not be eligible for a reward under this section.(2)Participating individualsIf the claim for a reward is brought by an individual who the Secretary has a reasonable basis to believe knowingly planned, initiated, directly participated in, or facilitated the actions that led to assets of a foreign state or governmental entity being stolen, misappropriated, or illegally diverted or to the payment of bribes or other foreign governmental corruption, the Secretary shall appropriately reduce, and may deny, such award. If such individual is convicted of criminal conduct arising from the role described in the preceding sentence, the Secretary shall deny or may seek to recover any reward, as the case may be.(g)Report(1)In generalWithin 180 days of the enactment of this section, and annually thereafter for 5 years, the Secretary shall issue a report to the appropriate committees of the Congress—(A)detailing to the greatest extent possible the amount, location, and ownership or beneficial ownership of any stolen assets that, on or after the date of the enactment of this section, come within the United States or that come within the possession or control of any United States person;(B)discussing efforts being undertaken to identify more such stolen assets and their owners or beneficial owners; and(C)including a discussion of the interactions of the Department of the Treasury with the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act) to identify the amount, location, and ownership, or beneficial ownership, of stolen assets held in financial institutions outside the United States.(2)Exception for ongoing investigationsThe report issued under paragraph (1) shall not include information related to ongoing investigations.(h)DefinitionsFor purposes of this section:(1)Appropriate committees of the CongressThe term appropriate committees of the Congress means the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate.(2)Financial assetThe term ‘financial asset’ means any funds, investments, or ownership interests, as defined by the Secretary, that on or after the date of the enactment of this section come within the United States or that come within the possession or control of any United States person.(3)Foreign government corruptionThe term foreign government corruption includes bribery of a foreign public official, or the misappropriation, theft, or embezzlement of public funds or property by or for the benefit of a foreign public official.(4)Foreign public officialThe term foreign public official includes any person who occupies a public office by virtue of having been elected, appointed, or employed, including any military, civilian, special, honorary, temporary, or uncompensated official.(5)Immediate family memberThe term immediate family member, with respect to an individual, has the meaning given the term member of the immediate family under section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)).(6)Rewards programThe term rewards program means the program established in subsection (a)(1) of this section.(7)SecretaryThe term Secretary means the Secretary of the Treasury.(8)Stolen assetsThe term stolen assets means financial assets within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from foreign government corruption..(b)Report on disposition of recovered assetsWithin 360 days of the enactment of this Act, the Secretary of the Treasury shall issue a report to the appropriate committees of Congress (as defined under section 9706(h) of title 31, United States Code) describing policy choices and recommendations for disposition of stolen assets recovered pursuant to section 9706 of title 31, United States Code.(c)Table of contents amendmentThe table of contents for chapter 97 of title 31, United States Code, is amended by adding at the end the following:9706. Department of the Treasury Kleptocracy Asset Recovery Rewards Program..Passed the House of Representatives May 14, 2019.Cheryl L. Johnson,Clerk


110 HR 1166 IH: To direct the Secretary of Education to extend the same

U.S. House of Representatives
2007-02-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1166
		IN THE HOUSE OF REPRESENTATIVES

			February 16, 2007
			Mr. Marshall
			 introduced the following bill; which was referred to the
			 Committee on Education and
			 Labor

		A BILL
		To direct the Secretary of Education to extend the same
		  level of increased flexibility to all rural local educational agencies under
		  part A of title I of the Elementary and Secondary Education Act of
		  1965.

		1.Short titleThis Act may be cited as the Rural
			 Education Equality and Improvement Act of 2007.
		2.Increased
			 flexibility for rural local educational agencies
			(a)In
			 GeneralIf the Secretary of Education takes any action (whether
			 by regulation, guidance, or otherwise) to authorize increased flexibility for
			 any category of rural local educational agencies, the Secretary shall extend
			 the same level of increased flexibility to all rural local educational
			 agencies.
			(b)DefinitionsIn
			 this section:
				(1)Increased
			 flexibilityThe term increased flexibility means
			 increased flexibility under, or facilitated compliance with, part A of title I
			 of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.).
				(2)Rural local
			 educational agencyThe term rural local educational
			 agency includes any local educational agency described in section
			 6211(b) or section 6221(b)(1) of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 7345(b),
			 7351(b)(1)).
				(c)ApplicationThis
			 section applies to any action described in subsection (a) that occurs on or
			 after January 8, 2002 (the date of the enactment of the No Child Left Behind
			 Act of 2001 (Public Law 107–110)).