117 HR 2820 IH: Growing Climate Solutions Act of 2021
U.S. House of Representatives
2021-04-22
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. 2820IN THE HOUSE OF REPRESENTATIVESApril 22, 2021Ms. Spanberger (for herself, Mr. Bacon, Ms. Pingree, Mr. Curtis, Mr. Tonko, Mr. Fitzpatrick, Mrs. Axne, Mr. Fortenberry, Ms. Brownley, Ms. Stefanik, Ms. Houlahan, Mr. Wittman, Mr. Deutch, Mr. Katko, Mr. Sean Patrick Maloney of New York, Mr. Kelly of Pennsylvania, Mrs. Luria, Mr. Hollingsworth, Mr. Cooper, Ms. Mace, Ms. Wild, Mr. Costa, Mr. Cartwright, and Mrs. Bustos) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo authorize the Secretary of Agriculture to develop a program to reduce barriers to entry for farmers, ranchers, and private forest landowners in certain voluntary markets, and for other purposes.1.Short titleThis Act may be cited as the Growing Climate Solutions Act of 2021.2.Greenhouse gas technical assistance provider and third-party verifier certification program(a)PurposesThe purposes of this section are—(1)to facilitate the participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets, including through the Program;(2)to facilitate the provision of technical assistance through covered entities to farmers, ranchers, and private forest landowners in overcoming barriers to entry into voluntary environmental credit markets;(3)to assist covered entities in certifying under the Program; and(4)to establish the Advisory Council to advise the Secretary regarding the Program and other related matters.(b)DefinitionsIn this section:(1)Advisory councilThe term Advisory Council means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program Advisory Council established under subsection (g)(1).(2)Agriculture or forestry creditThe term agriculture or forestry credit means a credit derived from the prevention, reduction, or mitigation of greenhouse gas emissions or carbon sequestration on agricultural land or private forest land that may be bought or sold on a voluntary environmental credit market. (3)Beginning farmer or rancherThe term beginning farmer or rancher has the meaning given the term in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)). (4)Covered entityThe term covered entity means a person or State that either—(A)is a provider of technical assistance to farmers, ranchers, or private forest landowners in carrying out sustainable land use management practices that—(i)prevent, reduce, or mitigate greenhouse gas emissions; or(ii)sequester carbon; or(B)is a third-party verifier entity that conducts the verification of the processes described in protocols for voluntary environmental credit markets.(5)Greenhouse gasThe term greenhouse gas means—(A)carbon dioxide;(B)methane;(C)nitrous oxide; and (D)any other gas that the Secretary, in consultation with the Advisory Council, determines has been identified to have heat trapping qualities.(6)ProgramThe term Program means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program established under subsection (c).(7)ProtocolThe term protocol means a systematic approach that follows a science-based methodology that is transparent and thorough to establish requirements—(A)for the development of projects to prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon that include 1 or more baseline scenarios; and(B)to quantify, monitor, report, and verify the prevention, reduction, or mitigation of greenhouse gas emissions or carbon sequestration by projects described in subparagraph (A).(8)SecretaryThe term Secretary means the Secretary of Agriculture. (9)Socially disadvantaged farmer or rancher; socially disadvantaged groupThe terms socially disadvantaged farmer or rancher and socially disadvantaged group have the meaning given those terms in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e)).(10)Technical assistanceThe term technical assistance means technical expertise, information, and tools necessary to assist a farmer, rancher, or private forest landowner who is engaged in or wants to engage in a project to prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon to meet a protocol.(11)Voluntary environmental credit marketThe term voluntary environmental credit market means a voluntary market through which agriculture or forestry credits may be bought or sold.(c)Establishment(1)In generalOn the date that is 270 days after the date of enactment of this Act, and after making a positive determination under paragraph (2), the Secretary shall establish a voluntary program, to be known as the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program, to certify covered entities that the Secretary determines meet the requirements described in subsection (d). (2)DeterminationThe Secretary shall establish the Program only if, after considering relevant information, including the information collected or reviewed relating to the assessment conducted under subsection (h)(1)(A), the Secretary determines that the Program will further each of the purposes described in paragraphs (1) and (2) of subsection (a).(3)ReportIf the Secretary determines under paragraph (2) that the Program would not further each of the purposes described in paragraphs (1) and (2) of subsection (a) and does not establish the Program, the Secretary shall publish a report describing the reasons the Program would not further each of those purposes. (d)Certification qualifications(1)In general(A)Protocols and qualificationsAfter providing public notice and at least a 60-day period for public comment, the Secretary shall, during the 90-day period beginning on the date on which the Program is established, publish—(i)a list of, and documents relating to, recognized protocols for voluntary environmental credit markets that are designed to ensure consistency, reliability, effectiveness, efficiency, and transparency, including protocol documents and details relating to—(I)calculations;(II)sampling methodologies; (III)accounting principles; (IV)systems for verification, monitoring, measurement, and reporting; and (V)methods to account for additionality, permanence, leakage, and, where appropriate, avoidance of double counting; and (ii)descriptions of qualifications for covered entities that—(I)demonstrate that the covered entity can assist farmers, ranchers, and private forest landowners in accomplishing the purposes described in paragraphs (1) and (2) of subsection (a); and (II)demonstrate proficiency with the protocols described in clause (i). (B)RequirementsCovered entities certified under the Program shall maintain expertise in the protocols described in subparagraph (A)(i), adhere to the qualifications described in subparagraph (A)(ii), and adhere to any relevant conflict of interest requirements, as determined appropriate by the Secretary, for—(i)the provision of technical assistance to farmers, ranchers, and private forest landowners for carrying out activities described in paragraph (2); or(ii)the verification of the processes described in protocols for voluntary environmental credit markets that are used in carrying out activities described in paragraph (2).(2)ActivitiesThe activities for which covered entities may provide technical assistance or conduct verification of processes under the Program are current and future activities that prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon, which may include—(A)land or soil carbon sequestration;(B)emissions reductions derived from fuel choice or reduced fuel use;(C)livestock emissions reductions, including emissions reductions achieved through—(i)feeds, feed additives, and the use of byproducts as feed sources; or(ii)manure management practices;(D)on-farm energy generation;(E)energy feedstock production; (F)fertilizer or nutrient use emissions reductions;(G)reforestation; (H)forest management, including improving harvesting practices and thinning diseased trees; (I)prevention of the conversion of forests, grasslands, and wetlands;(J)restoration of wetlands or grasslands;(K)grassland management, including prescribed grazing; (L)current practices associated with private land conservation programs administered by the Secretary; and (M)such other activities, or combinations of activities, that the Secretary, in consultation with the Advisory Council, determines to be appropriate.(3)RequirementsIn publishing the list of protocols and description of qualifications under paragraph (1)(A), the Secretary, in consultation with the Advisory Council, shall—(A)ensure that the requirements for covered entities to certify under the Program include maintaining expertise in all relevant information relating to market-based protocols, as appropriate, with regard to—(i)quantification;(ii)verification;(iii)additionality; (iv)permanence;(v)reporting; and(vi)other expertise, as determined by the Secretary; and(B)ensure that a covered entity certified under the Program is required to perform, and to demonstrate expertise, as determined by the Secretary, in accordance with best management practices for agricultural and forestry activities that prevent, reduce, or mitigate greenhouse gas emissions or sequester carbon.(4)Periodic reviewAs appropriate, the Secretary shall periodically review and revise the list of protocols and description of certification qualifications published under paragraph (1)(A) to include any additional protocols or qualifications that meet the requirements described in subparagraphs (A) and (B) of paragraph (3).(e)Certification, website, and publication of lists(1)CertificationA covered entity may self-certify under the Program by submitting to the Secretary, through a website maintained by the Secretary—(A)a notification that the covered entity will—(i)maintain expertise in the protocols described in clause (i) of subsection (d)(1)(A); and (ii)adhere to the qualifications described in clause (ii) of that subsection; and (B)appropriate documentation demonstrating the expertise described in subparagraph (A)(i) and qualifications described in subparagraph (A)(ii).(2)Website and solicitationDuring the 180-day period beginning on the date on which the Program is established, the Secretary shall publish, through an existing website maintained by the Secretary—(A)information describing how covered entities may self-certify under the Program in accordance with paragraph (1);(B)information describing how covered entities may obtain, through private training programs or Department of Agriculture training programs, the requisite expertise—(i)in the protocols described in clause (i) of subsection (d)(1)(A); and (ii)to meet the qualifications described in clause (ii) of that subsection;(C)the protocols and qualifications published by the Secretary under subsection (d)(1)(A); and(D)instructions and suggestions to assist farmers, ranchers, and private forest landowners in facilitating the development of agriculture or forestry credits and accessing voluntary environmental credit markets, including—(i)through working with covered entities certified under the Program; and (ii)by providing information relating to programs, registries, and protocols of programs and registries that provide market-based participation opportunities for working and conservation agricultural and forestry lands.(3)PublicationDuring the 1-year period beginning on the date on which the Program is established, the Secretary, in consultation with the Advisory Council and following the review by the Secretary for completeness and accuracy of the certification notifications and documentation submitted under paragraph (1), shall use an existing website maintained by the Secretary to publish—(A)a list of covered entities that are certified under paragraph (1) as verifiers of the processes described in protocols for voluntary environmental credit markets; and(B)a list of covered entities that are certified under paragraph (1) as technical assistance providers.(4)UpdatesNot less frequently than quarterly, the Secretary, in consultation with the Advisory Council, shall update the lists published under paragraph (3).(5)SubmissionThe Secretary shall notify Congress of the publication of the initial list under paragraph (3).(6)RequirementTo remain certified under the Program, a covered entity shall continue—(A)to maintain expertise in the protocols described in subparagraph (A)(i) of subsection (d)(1); and (B)to adhere to the qualifications described in subparagraph (A)(ii) of that subsection.(7)AuditingNot less frequently than annually, the Secretary shall conduct audits of covered entities that are certified under the Program to ensure compliance with the requirements under subsection (d)(1)(B) through an audit process that includes a representative sample of—(A)technical assistance providers; and (B)verifiers of the processes described in protocols for voluntary environmental credit markets.(8)Revocation of certification(A)In generalThe Secretary may revoke the certification of a covered entity under the Program in the event of noncompliance with the requirements under subsection (d)(1)(B).(B)NotificationIf the Secretary revokes a certification of a covered entity under subparagraph (A), to the extent practicable, the Secretary shall—(i)request from that covered entity contact information for all farmers, ranchers, and private forest landowners to which the covered entity provided technical assistance or the verification of the processes described in protocols for voluntary environmental credit markets; and(ii)notify those farmers, ranchers, and private forest landowners of the revocation.(9)Fair treatment of farmersThe Secretary shall ensure, to the maximum extent practicable, that covered entities certified under paragraph (1) act in good faith—(A)to provide realistic estimates of costs and revenues relating to activities and verification of processes, as applicable to the covered entity, as described in subsection (d)(2); and(B)in the case of technical assistance providers, to assist farmers, ranchers, and private forest landowners in ensuring that the farmers, ranchers, and private forest landowners receive fair distribution of revenues derived from the sale of an agriculture or forestry credit.(10)Savings clauseNothing in this section authorizes the Secretary to compel a farmer, rancher, or private forest landowner to participate in a transaction or project facilitated by a covered entity certified under paragraph (1). (f)Enforcement(1)Prohibition on claims(A)In generalA person that is not certified under the Program in accordance with this section shall not knowingly make a claim that the person is a USDA-certified technical assistance provider or third-party verifier for voluntary environmental credit markets or any substantially similar claim.(B)PenaltyAny person that violates subparagraph (A) shall be—(i)subject to a civil penalty equal to such amount as the Secretary determines to be appropriate, not to exceed $1,000 per violation; and(ii)ineligible to certify under the Program for the 5-year period beginning on the date of the violation.(2)Submission of fraudulent information(A)In generalA person, regardless of whether the person is certified under the program, shall not submit fraudulent information as part of a notification under subsection (e)(1).(B)PenaltyAny person that violates subparagraph (A) shall be subject to a civil penalty equal to such amount as the Secretary determines to be appropriate, not to exceed $1,000 per violation. (g)Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program Advisory Council(1)In generalDuring the 90-day period beginning on the date on which the Program is established, the Secretary shall establish an advisory council, to be known as the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program Advisory Council.(2)Membership(A)In generalThe Advisory Council shall be composed of members appointed by the Secretary in accordance with this paragraph.(B)General representationThe Advisory Council shall—(i)be broadly representative of the agriculture and private forest sectors; (ii)include socially disadvantaged farmers and ranchers and other historically underserved farmers, ranchers, or private forest landowners; and(iii)be composed of not less than 51 percent farmers, ranchers, or private forest landowners.(C)MembersMembers appointed under subparagraph (A) shall include—(i)not more than 2 representatives of the Department of Agriculture, as determined by the Secretary;(ii)not more than 1 representative of the Environmental Protection Agency, as determined by the Administrator of the Environmental Protection Agency;(iii)not more than 1 representative of the National Institute of Standards and Technology;(iv)not fewer than 12 representatives of the agriculture industry, appointed in a manner that is broadly representative of the agriculture sector, including not fewer than 6 active farmers and ranchers;(v)not fewer than 4 representatives of private forest landowners or the forestry and forest products industry appointed in a manner that is broadly representative of the private forest sector;(vi)not more than 4 representatives of the relevant scientific research community, including not fewer than 2 representatives from land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)), of which 1 shall be a representative of a college or university eligible to receive funds under the Act of August 30, 1890 (commonly known as the Second Morrill Act) (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq.), including Tuskegee University; (vii)not more than 2 experts or professionals familiar with voluntary environmental credit markets and the verification requirements in those markets;(viii)not more than 3 members of nongovernmental or civil society organizations with relevant expertise, of which not fewer than 1 shall represent the interests of socially disadvantaged groups; (ix)not more than 3 members of private sector entities or organizations that participate in voluntary environmental credit markets through which agriculture or forestry credits are bought and sold; and(x)any other individual whom the Secretary determines to be necessary to ensure that the Advisory Council is composed of a diverse group of representatives of industry, academia, independent researchers, and public and private entities.(D)ChairThe Secretary shall designate a member of the Advisory Council to serve as the Chair.(E)Terms(i)In generalThe term of a member of the Advisory Council shall be 2 years, except that, of the members first appointed—(I)not fewer than 8 members shall serve for a term of 1 year;(II)not fewer than 12 members shall serve for a term of 2 years; and(III)not fewer than 12 members shall serve for a term of 3 years.(ii)Additional termsAfter the initial term of a member of the Advisory Council, including the members first appointed, the member may serve not more than 4 additional 2-year terms.(3)Meetings(A)FrequencyThe Advisory Council shall meet not less frequently than annually, at the call of the Chair.(B)Initial meetingDuring the 90-day period beginning on the date on which the members are appointed under paragraph (2)(A), the Advisory Council shall hold an initial meeting.(4)DutiesThe Advisory Council shall—(A)periodically review and recommend any appropriate changes to—(i)the list of protocols and description of qualifications published by the Secretary under subsection (d)(1)(A); and (ii)the requirements described in subsection (d)(1)(B);(B)make recommendations to the Secretary regarding the best practices that should be included in the protocols, description of qualifications, and requirements described in subparagraph (A); and(C)advise the Secretary regarding—(i)the current methods used by voluntary environmental credit markets to quantify and verify the prevention, reduction, and mitigation of greenhouse gas emissions or sequestration of carbon;(ii)additional considerations for certifying covered entities under the Program;(iii)means to reduce barriers to entry in the business of providing technical assistance or the verification of the processes described in protocols for voluntary environmental credit markets for covered entities, including by improving technical assistance provided by the Secretary;(iv)means to reduce compliance and verification costs for farmers, ranchers, and private forest landowners in entering voluntary environmental credit markets, including through mechanisms and processes to aggregate the value of activities across land ownership;(v)issues relating to land and asset ownership in light of evolving voluntary environmental credit markets; and(vi)additional means to reduce barriers to entry in voluntary environmental credit markets for farmers, ranchers, and private forest landowners, particularly for historically underserved, socially disadvantaged, or limited resource farmers, ranchers, or private forest landowners.(5)CompensationThe members of the Advisory Council shall serve without compensation.(6)Conflict of interestThe Secretary shall prohibit any member of the Advisory Council from—(A)engaging in any determinations or activities of the Advisory Council that may result in the favoring of, or a direct and predictable effect on—(i)the member or a family member, as determined by the Secretary;(ii)stock owned by the member or a family member, as determined by the Secretary; or(iii)the employer of, or a business owned in whole or in part by, the member or a family member, as determined by the Secretary; or(B)providing advice or recommendations regarding, or otherwise participating in, matters of the Advisory Council that—(i)constitute a conflict of interest under section 208 of title 18, United States Code; or (ii)may call into question the integrity of the Advisory Council, the Program, or the technical assistance or verification activities described under subsection (d)(2).(7)FACA applicabilityThe Advisory Council shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.), except that section 14(a)(2) of that Act shall not apply. (h)Assessment(1)In generalNot later than 240 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall—(A)conduct an assessment, including by incorporating information from existing publications and reports of the Department of Agriculture and other entities with relevant expertise, regarding—(i)the number and categories of non-Federal actors in the nonprofit and for-profit sectors involved in buying, selling, and trading agriculture or forestry credits in voluntary environmental credit markets;(ii)the estimated overall domestic market demand for agriculture or forestry credits at the end of the preceding 4-calendar year period, and historically, in voluntary environmental credit markets;(iii)the total number of agriculture or forestry credits (measured in metric tons of carbon dioxide equivalent) that were estimated to be in development, generated, or sold in market transactions during the preceding 4-calendar year period, and historically, in voluntary environmental credit markets;(iv)the estimated supply and demand of metric tons of carbon dioxide equivalent of offsets in the global marketplace for the next 4 years;(v)the barriers to entry due to compliance and verification costs described in subsection (g)(4)(C)(iv);(vi)the state of monitoring and measurement technologies needed to quantify long-term carbon sequestration in soils and from other activities to prevent, reduce, or mitigate greenhouse gas emissions in the agriculture and forestry sectors;(vii)means to reduce barriers to entry into voluntary environmental credit markets for small, beginning, and socially disadvantaged farmers, ranchers, and private forest landowners and the extent to which existing protocols in voluntary environmental credit markets allow for aggregation of projects among farmers, ranchers, and private forest landowners; (viii)means to leverage existing Department of Agriculture programs and other Federal programs that could improve, lower the costs of, and enhance the deployment of monitoring and measurement technologies described in clause (vi);(ix)the potential impact of Department of Agriculture activities on supply and demand of agriculture or forestry credits;(x)the potential role of the Department of Agriculture in encouraging innovation in voluntary environmental credit markets;(xi)the extent to which the existing regimes for generating and selling agriculture or forestry credits, as the regimes exist at the end of the preceding 4-calendar year period, and historically, and existing voluntary environmental credit markets, may be impeded or constricted, or achieve greater scale and reach, if the Department of Agriculture were involved, including by considering the role of the Department of Agriculture in reducing the barriers to entry identified under clause (v), including by educating stakeholders about voluntary environmental credit markets;(xii)the extent to which existing protocols in voluntary environmental credit markets, including verification, additionality, permanence, and reporting, adequately take into consideration and account for factors encountered by the agriculture and private forest sectors in preventing, reducing, or mitigating greenhouse gases or sequestering carbon through agriculture and forestry practices, considering variances across regions, topography, soil types, crop or species varieties, and business models;(xiii)the extent to which existing protocols in voluntary environmental credit markets consider options to ensure the continued valuation, through discounting or other means, of agriculture and forestry credits in the case of the practices underlying those credits being disrupted due to unavoidable events, including production challenges and natural disasters; and(xiv)opportunities for other voluntary markets outside of voluntary environmental credit markets to foster the trading, buying, or selling of credits that are derived from activities that provide other ecosystem service benefits, including activities that improve water quality, water quantity, wildlife habitat enhancement, and other ecosystem services, as the Secretary determines appropriate;(B)publish the assessment; and(C)submit the assessment to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives.(2)Quadriennial assessmentThe Secretary, in consultation with the Administrator of the Environmental Protection Agency and the Advisory Council, shall conduct the assessment described in paragraph (1)(A) and publish and submit the assessment in accordance with subparagraphs (B) and (C) of paragraph (1) every 4 years after the publication and submission of the first assessment under subparagraphs (B) and (C) of paragraph (1). (i)ReportNot later than 2 years after the date on which the Program is established, and every 2 years thereafter, the Secretary shall publish and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report describing, for the period covered by the report—(1)the number of covered entities that—(A)were registered under the Program;(B)were new registrants under the Program, if applicable; and(C)did not renew their registration under the Program, if applicable;(2)each covered entity the certification of which was revoked by the Secretary under subsection (e)(8);(3)a review of the outcomes of the Program, including—(A)the ability of farmers, ranchers, and private forest landowners, including small, beginning, and socially disadvantaged farmers, ranchers, and private forest landowners, to develop agriculture or forestry credits through covered entities certified under the Program;(B)methods to improve the ability of farmers, ranchers, and private forest landowners to overcome barriers to entry to voluntary environmental credit markets; and(C)methods to further facilitate participation of farmers, ranchers, and private forest landowners in voluntary environmental credit markets; and(4)any recommendations for improvements to the Program.(j)Confidentiality(1)Prohibition(A)In generalExcept as provided in paragraph (2), the Secretary, any other officer or employee of the Department of Agriculture or any agency of the Department of Agriculture, or any other person may not disclose to the public the information held by the Secretary described in subparagraph (B).(B)Information(i)In generalExcept as provided in clause (ii), the information prohibited from disclosure under subparagraph (A) is—(I)information collected by the Secretary or published by the Secretary under subsection (h) or (i);(II)personally identifiable information, including in a contract or service agreement, of a farmer, rancher, or private forest landowner, obtained by the Secretary under paragraph (7) or (8)(B)(i) of subsection (e); and(III)confidential business information in a contract or service agreement of a farmer, rancher, or private forest landowner obtained by the Secretary under paragraph (7) or (8)(B)(i) of subsection (e).(ii)Aggregated releaseInformation described in clause (i) may be released to the public if the information has been transformed into a statistical or aggregate form that does not allow the identification of the person who supplied or is the subject of the particular information.(2)ExceptionParagraph (1) shall not prohibit the disclosure—(A)of the name of any covered entity published and submitted by the Secretary under subsection (i)(2); or(B)by an officer or employee of the Federal Government of information described in paragraph (1)(B) as otherwise directed by the Secretary or the Attorney General for enforcement purposes. (k)Funding(1)Authorization of appropriationsIn addition to the amount made available under paragraph (2), there is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2026. (2)Direct funding(A)RescissionThere is rescinded $4,100,000 of the unobligated balance of amounts made available by section 1003 of the American Rescue Plan Act of 2021 (Public Law 117–2).(B)Direct fundingIf sufficient unobligated amounts made available by section 1003 of the American Rescue Plan Act of 2021 (Public Law 117–2) are available to execute the rescission described in subparagraph (A), on the day after the execution of the rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $4,100,000 to carry out this section.


		IIB
		111th CONGRESS
		1st Session
		H. R. 559
		IN THE SENATE OF THE UNITED
		  STATES

			February 4, 2009
			Received; read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		AN ACT
		To amend the Homeland Security Act of 2002
		  to establish an appeal and redress process for individuals wrongly delayed or
		  prohibited from boarding a flight, or denied a right, benefit, or privilege,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Fair, Accurate, Secure, and Timely
			 Redress Act of 2009 or the FAST Redress Act of 2009.
		2.Establishment of
			 appeal and redress process for individuals wrongly delayed or prohibited from
			 boarding a flight, or denied a right, benefit, or privilege
			(a)In
			 generalSubtitle H of title VIII of the Homeland Security Act of
			 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new
			 section:

					890A.Appeal and
				redress process for passengers wrongly delayed or prohibited from boarding a
				flight, or denied a right, benefit, or privilege
						(a)EstablishmentNot
				later than 30 days after the date of the enactment of this section, the
				Secretary shall establish a timely and fair process for individuals who believe
				they were delayed or prohibited from boarding a commercial aircraft or denied a
				right, benefit, or privilege because they were wrongly identified as a threat
				when screened against any terrorist watchlist or database used by the
				Transportation Security Administration (TSA) or any office or component of the
				Department.
						(b)Office of
				Appeals and Redress
							(1)EstablishmentThe
				Secretary shall establish in the Department an Office of Appeals and Redress to
				implement, coordinate, and execute the process established by the Secretary
				pursuant to subsection (a). The Office shall include representatives from the
				TSA and such other offices and components of the Department as the Secretary
				determines appropriate.
							(2)Comprehensive
				Cleared ListThe process established by the Secretary pursuant to
				subsection (a) shall include the establishment of a method by which the Office,
				under the direction of the Secretary, will maintain and appropriately
				disseminate a comprehensive list, to be known as the Comprehensive
				Cleared List, of individuals who—
								(A)were misidentified
				as an individual on any terrorist watchlist or database;
								(B)completed an
				approved Department of Homeland Security appeal and redress request and
				provided such additional information as required by the Department to verify
				the individual’s identity; and
								(C)permit the use of
				their personally identifiable information to be shared between multiple
				Departmental components for purposes of this section.
								(3)Use of
				Comprehensive Cleared List
								(A)In
				generalThe Secretary
				shall—
									(i)except as provided
				in subparagraph (B), transmit to the TSA or any other appropriate office or
				component of the Department, other Federal, State, local, and tribal entities,
				and domestic air carriers and foreign air carriers that use any terrorist
				watchlist or database, the Comprehensive Cleared List and any other information
				the Secretary determines necessary to resolve misidentifications and improve
				the administration of the advanced passenger prescreening system and reduce the
				number of false positives; and
									(ii)ensure that the
				Comprehensive Cleared List is taken into account by all appropriate offices or
				components of the Department when assessing the security risk of an
				individual.
									(B)Termination
									(i)In
				generalThe transmission of
				the Comprehensive Cleared List to domestic air carriers and foreign air
				carriers under clause (i) of subparagraph (A) shall terminate on the date on
				which the Federal Government assumes terrorist watchlist or database screening
				functions.
									(ii)Written
				notification to CongressNot
				later than 15 days after the date on which the transmission of the
				Comprehensive Cleared List to the air carriers referred to in clause (i) of
				this subparagraph terminates in accordance with such clause, the Secretary
				shall provide written notification to the Committee on Homeland Security of the
				House of Representatives and the Committee on Commerce, Science, and
				Transportation and the Committee on Homeland Security and Governmental Affairs
				of the Senate of such termination.
									(4)Intergovernmental
				effortsThe Secretary may—
								(A)enter into
				memoranda of understanding with other Federal, State, local, and tribal
				agencies or entities, as necessary, to improve the appeal and redress process
				and for other purposes such as to verify an individual’s identity and
				personally identifiable information; and
								(B)work with other
				Federal, State, local, and tribal agencies or entities that use any terrorist
				watchlist or database to ensure, to the greatest extent practicable, that the
				Comprehensive Cleared List is considered when assessing the security risk of an
				individual.
								(5)Handling of
				personally identifiable informationThe Secretary, in conjunction
				with the Chief Privacy Officer of the Department, shall—
								(A)require that
				Federal employees of the Department handling personally identifiable
				information of individuals (in this paragraph referred to as
				PII) complete mandatory privacy and security training prior to
				being authorized to handle PII;
								(B)ensure that the
				information maintained under this subsection is secured by encryption,
				including one-way hashing, data anonymization techniques, or such other
				equivalent technical security protections as the Secretary determines
				necessary;
								(C)limit the
				information collected from misidentified passengers or other individuals to the
				minimum amount necessary to resolve an appeal and redress request;
								(D)ensure that the
				information maintained under this subsection is shared or transferred via an
				encrypted data network that has been audited to ensure that the anti-hacking
				and other security related software functions perform properly and are updated
				as necessary;
								(E)ensure that any
				employee of the Department receiving the information maintained under this
				subsection handles such information in accordance with section 552a of title 5,
				United States Code, the Federal Information Security Management Act of 2002
				(Public Law 107–296), and other applicable laws;
								(F)only retain the
				information maintained under this subsection for as long as needed to assist
				the individual traveler in the appeal and redress process;
								(G)engage in
				cooperative agreements with appropriate Federal agencies and entities, on a
				reimbursable basis, to ensure that legal name changes are properly reflected in
				any terrorist watchlist or database and the Comprehensive Cleared List to
				improve the appeal and redress process and to ensure the most accurate lists of
				identifications possible (except that section 552a of title 5, United States
				Code, shall not prohibit the sharing of legal name changes among Federal
				agencies and entities for the purposes of this section); and
								(H)conduct and
				publish a privacy impact assessment of the appeal and redress process
				established under this section and transmit the assessment to the Committee on
				Homeland Security of the House of Representatives, and the Committee on
				Commerce, Science, and Transportation and the Committee on Homeland Security
				and Governmental Affairs of the Senate.
								(6)Initiation of
				appeal and redress process at airportsAt each airport at
				which—
								(A)the Department has
				a presence, the Office shall provide written information to air carrier
				passengers to begin the appeal and redress process established pursuant to
				subsection (a); and
								(B)the Department has
				a significant presence, provide the written information referred to in
				subparagraph (A) and ensure a TSA supervisor who is trained in such appeal and
				redress process is available to provide support to air carrier passengers in
				need of guidance concerning such process.
								(7)Report to
				CongressNot later than 240 days after the date of the enactment
				of this section, the Secretary shall submit to the Committee on Homeland
				Security of the House of Representatives and the Committee on Commerce,
				Science, and Transportation and the Committee on Homeland Security and
				Governmental Affairs of the Senate a report on the status of information
				sharing among users at the Department of any terrorist watchlist or database.
				The report shall include the following information:
								(A)A description of
				the processes and the status of the implementation of this section to share the
				Comprehensive Cleared List with other Department offices and components and
				other Federal, State, local, and tribal authorities that utilize any terrorist
				watchlist or database.
								(B)A description of
				the extent to which such other Department offices and components are taking
				into account the Comprehensive Cleared List.
								(C)Data on the number
				of individuals who have sought and successfully obtained redress through the
				Office of Appeals and Redress.
								(D)Data on the number of individuals who have
				sought and were denied redress through the Office of Appeals and
				Redress.
								(E)An assessment of
				what impact information sharing of the Comprehensive Cleared List has had on
				misidentifications of individuals who have successfully obtained redress
				through the Office of Appeals and Redress.
								(F)An updated privacy
				impact assessment.
								(c)Terrorist
				watchlist or database definedIn this section, the term terrorist
				watchlist or database means any terrorist watchlist or database used by
				the Transportation Security Administration or any office or component of the
				Department of Homeland Security or specified in Homeland Security Presidential
				Directive–6, in effect as of the date of the enactment of this
				section.
						.
			(b)Incorporation of
			 secure flightSection 44903(j)(2) of title 49, United States
			 Code, is amended—
				(1)in
			 subparagraph (C)(iii)—
					(A)by redesignating
			 subclauses (II) through (VII) as subclauses (III) through (VIII), respectively;
			 and
					(B)by inserting after
			 subclause (I) the following new subclause:

							(II)ensure, not later than 30 days after the
				date of the enactment of the FAST Redress Act of 2009, that the procedure
				established under subclause (I) is incorporated into the appeals and redress
				process established under section 890A of the Homeland Security Act of
				2002;
							;
					(2)in subparagraph
			 (E)(iii), by inserting before the period at the end the following: , in
			 accordance with the appeals and redress process established under section 890A
			 of the Homeland Security Act of 2002; and
				(3)in subparagraph
			 (G)—
					(A)in clause (i), by
			 adding at the end the following new sentence: The Assistant Secretary
			 shall incorporate the process established pursuant to this clause into the
			 appeals and redress process established under section 890A of the Homeland
			 Security Act of 2002.; and
					(B)in clause (ii), by
			 adding at the end the following new sentence: The Assistant Secretary
			 shall incorporate the record established and maintained pursuant to this clause
			 into the Comprehensive Cleared List established and maintained under such
			 section 890A..
					(c)Conforming
			 amendmentTitle 49, United States Code, is amended by striking
			 section 44926 (and the item relating to such section in the analysis for
			 chapter 449 of title 49).
			(d)Clerical
			 amendmentSection 1(b) of the Homeland Security Act of 2002 (6
			 U.S.C. 101(b)) is amended by adding after the item relating to section 890 the
			 following new item:

						Sec. 890A. Appeal and redress process for
				passengers wrongly delayed or prohibited from boarding a flight, or denied a
				right, benefit, or
				privilege.

					.

			Passed the House of
			 Representatives February 3, 2009.
			Lorraine C. Miller,
			Clerk.


		One Hundred Eleventh Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Tuesday, the fifth
		day of January, two thousand and ten
		S. 1055
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To grant the congressional gold medal,
		  collectively, to the 100th Infantry Battalion and the 442nd Regimental Combat
		  Team, United States Army, in recognition of their dedicated service during
		  World War II.

		1.FindingsCongress makes the following
			 findings:
			(1)On January 19, 1942, 6 weeks after the
			 December 7, 1941, attack on Pearl Harbor by the Japanese Navy, the United
			 States Army discharged all Japanese-Americans in the Reserve Officers Training
			 Corps and changed their draft status to 4C—the status of
			 enemy alien which is ineligible for the draft.
			(2)On January 23, 1942, Japanese-Americans in
			 the military on the mainland were segregated out of their units.
			(3)Further, on May 3, 1942, General John L.
			 DeWitt issued Civilian Exclusion Order No. 346, ordering all people of Japanese
			 ancestry, whether citizens or noncitizens, to report to assembly centers, where
			 they would live until being moved to permanent relocation centers.
			(4)On June 5, 1942, 1,432 predominantly Nisei
			 (second generation Americans of Japanese ancestry) members of the Hawaii
			 Provisional Infantry Battalion were shipped from the Hawaiian Islands to
			 Oakland, CA, where the 100th Infantry Battalion was activated on June 12, 1942,
			 and then shipped to train at Camp McCoy, Wisconsin.
			(5)The excellent training record of the 100th
			 Infantry Battalion and petitions from prominent civilian and military personnel
			 helped convince President Roosevelt and the War Department to reopen military
			 service to Nisei volunteers who were incorporated into the 442nd Regimental
			 Combat Team after it was activated in February of 1943.
			(6)In that same month, the 100th Infantry
			 Battalion was transferred to Camp Shelby, Mississippi, where it continued to
			 train, and even though the battalion was ready to deploy shortly thereafter,
			 the battalion was refused by General Eisenhower, due to concerns over the
			 loyalty and patriotism of the Nisei.
			(7)The 442nd Regimental Combat Team later
			 trained with the 100th Infantry Battalion at Camp Shelby in May of 1943.
			(8)Eventually, the 100th Infantry Battalion
			 was deployed to the Mediterranean and entered combat in Italy on September 26,
			 1943.
			(9)Due to their bravery and valor, members of
			 the Battalion were honored with 6 awards of the Distinguished Service Cross in
			 the first 8 weeks of combat.
			(10)The 100th Battalion fought at Cassino,
			 Italy in January 1944, and later accompanied the 34th Infantry Division to
			 Anzio, Italy.
			(11)The 442nd Regimental Combat Team arrived in
			 Civitavecchia, Italy on June 7, 1944, and on June 15 of the following week, the
			 100th Infantry Battalion was formally made an integral part of the 442nd
			 Regimental Combat Team, and fought for the last 11 months of the war with
			 distinction in Italy, southern France, and Germany.
			(12)The battalion was awarded the Presidential
			 Unit Citation for its actions in battle on June 26–27, 1944.
			(13)The 442nd Regimental became the most
			 decorated unit in United States military history for its size and length of
			 service.
			(14)The 100th Battalion and the 442nd
			 Regimental Combat Team, received 7 Presidential Unit Citations, 21 Medals of
			 Honor, 29 Distinguished Service Crosses, 560 Silver Stars, 4,000 Bronze Stars,
			 22 Legion of Merit Medals, 15 Soldier's Medals, and over 4,000 Purple Hearts,
			 among numerous additional distinctions.
			(15)The United States remains forever indebted
			 to the bravery, valor, and dedication to country these men faced while fighting
			 a 2-fronted battle of discrimination at home and fascism abroad.
			(16)Their commitment and sacrifice demonstrates
			 a highly uncommon and commendable sense of patriotism and honor.
			(17)The Military Intelligence Service (in this
			 Act referred to as the MIS) was made up of about 6,000 Japanese
			 American soldiers who conducted highly classified intelligence operations that
			 proved to be vital to United States military successes in the Pacific
			 Theatre.
			(18)As they were discharged from the Army, MIS
			 soldiers were told not to discuss their wartime work, due to its sensitive
			 nature, and their contributions were not known until passage of the Freedom of
			 Information Act in 1974.
			(19)MIS soldiers were attached individually or
			 in small groups to United States and Allied combat units, where they
			 intercepted radio transmissions, translated enemy documents, interrogated enemy
			 prisoners of war, volunteered for reconnaissance and covert intelligence
			 missions, and persuaded enemy combatants to surrender.
			(20)Their contributions continued during the
			 Allied postwar occupation of Japan, and MIS linguistic skills and understanding
			 of Japanese customs were invaluable to occupation forces as they assisted Japan
			 in a peaceful transition to a new, democratic form of government.
			2.Congressional gold medal
			(a)Award AuthorizedThe Speaker of the House of Representatives
			 and the President pro tempore of the Senate shall make appropriate arrangements
			 for the award, on behalf of the Congress, of a single gold medal of appropriate
			 design to the 100th Infantry Battalion, the 442nd Regimental Combat Team, and
			 the Military Intelligence Service, United States Army, collectively, in
			 recognition of their dedicated service during World War II.
			(b)Design and StrikingFor the purposes of the award referred to
			 in subsection (a), the Secretary of the Treasury (hereafter in this Act
			 referred to as the Secretary) shall strike the gold medal with
			 suitable emblems, devices, and inscriptions, to be determined by the
			 Secretary.
			(c)Smithsonian Institution
				(1)In GeneralFollowing the award of the gold medal in
			 honor of the 100th Infantry Battalion, the 442nd Regimental Combat Team, and
			 the Military Intelligence Service, United States Army, under subsection (a),
			 the gold medal shall be given to the Smithsonian Institution, where it will be
			 displayed as appropriate and made available for research.
				(2)Sense of CongressIt is the sense of the Congress that the
			 Smithsonian Institution should make the gold medal received under paragraph (1)
			 available for display elsewhere, particularly at other appropriate locations
			 associated with the 100th Infantry Battalion, the 442nd Regimental Combat Team,
			 and the Military Intelligence Service, United States Army.
				3.Duplicate medalsThe Secretary may strike and sell duplicates
			 in bronze of the gold medal struck under section 2, at a price sufficient to
			 cover the costs of the medals, including labor, materials, dies, use of
			 machinery, and overhead expenses.
		4.National medalsMedals struck pursuant to this Act are
			 national medals for purposes of chapter 51 of title 31, United States
			 Code.
		5.Authority to use funds; proceeds of
			 sale
			(a)Authority To use fundsThere is authorized to be charged against
			 the United States Mint Public Enterprise Fund, an amount not to exceed $30,000
			 to pay for the cost of the medal authorized under section 2.
			(b)Proceeds of SaleAmounts received from the sale of duplicate
			 bronze medals under section 3 shall be deposited in the United States Mint
			 Public Enterprise Fund.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


114 HRES 116 IH: Supporting the goals and ideals of International Mother Language Day in bringing attention to the importance of preserving linguistic and cultural heritage through education.
U.S. House of Representatives
2015-02-13
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.

		IV
		114th CONGRESS
		1st Session
		H. RES. 116
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2015
			Ms. Meng (for herself, Mr. Crowley, Mr. Rangel, Mr. Schiff, Mr. Honda, Mr. Al Green of Texas, and Ms. Bordallo) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

		RESOLUTION
		Supporting the goals and ideals of International Mother Language Day in bringing attention to the
			 importance of preserving linguistic and cultural heritage through
			 education.

 Whereas the United Nations Educational, Scientific, and Cultural Organization (UNESCO) established International Mother Language Day on November 17, 1999, to promote linguistic diversity and multilingualism;
 Whereas the annual International Mother Language Day celebration date, February 21, was chosen to commemorate the day in 1952 in Bangladesh where students died demonstrating for recognition of Bengali as a national language of Pakistan;
 Whereas UNESCO establishes a different theme for the annual celebration of International Mother Language Day each year, promoting various aspects of linguistic education;
 Whereas according to the UNESCO Atlas of the World’s Languages in Danger, out of the over 6,000 existing languages in the world, more than 200 have become extinct during the last three generations, and 2,279 other languages are classified as “endangered”;
 Whereas the United States Census Bureau has identified at least 381 languages spoken in the United States, 169 of which are distinct Native American languages;
 Whereas according to the UNESCO Atlas of the World’s Languages in Danger, 145 languages in the United States are classified as “endangered”; and
 Whereas the United States enjoys a rich and diverse cultural heritage and preserving existing languages is an essential piece to preserving this heritage: Now, therefore, be it

 That the House of Representatives— (1)supports the goals and ideals of International Mother Language Day; and
 (2)encourages the people of the United States to observe International Mother Language Day with appropriate ceremonies, programs, and activities.


		IV
		111th CONGRESS
		1st Session
		H. RES. 815
		IN THE HOUSE OF REPRESENTATIVES

			October 8, 2009
			Mr. Thompson of
			 Pennsylvania submitted the following resolution; which was referred
			 to the Committee on Oversight and
			 Government Reform

		RESOLUTION
		Expressing support for recognition of
		  Christopher Columbus and his role in the history of the United States and
		  recognizing the importance of students learning about Christopher Columbus and
		  the heritage and history of the Nation.

		Whereas Columbus Day is celebrated the second Monday in
			 October every year to honor Christopher Columbus;
		Whereas Christopher Columbus arrived in the Americas on
			 October 12, 1492, and is credited with initiating the European colonization of
			 the Americas;
		Whereas tributes and memorials to Christopher Columbus
			 exist today in almost every State in the Nation;
		Whereas the discovery and colonization of the Americas is
			 an integral part of the history and heritage of the United States;
		Whereas according to the National Assessment of
			 Educational Progress in 2006, less than half of the country’s high school
			 seniors had a basic knowledge of United States history;
		Whereas nearly half of the States in the Nation no longer
			 require the teaching of civics and United States history;
		Whereas a proficient knowledge of the history and heritage
			 of the United States is important to promoting additional civic involvement;
			 and
		Whereas educating today’s young people about the history
			 and heritage of the United States is essential to creating an informed
			 generation of citizens: Now, therefore, be it

		That the House of
			 Representatives—
			(1)supports the recognition of Christopher
			 Columbus and his role in the discovery and history of the United States;
			(2)recognizes that it
			 is important for young people to learn about Christopher Columbus and the
			 discovery, heritage, and history of the Nation; and
			(3)encourages all
			 people to take advantage of educational opportunities to learn about
			 Christopher Columbus’ discovery of the Americas and United States
			 history.


117 HR 4272 IH: Audit the Pentagon Act of 2021
U.S. House of Representatives
2021-06-30
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. 4272IN THE HOUSE OF REPRESENTATIVESJune 30, 2021Ms. Lee of California (for herself and Mr. Burgess) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo ensure that the Department of Defense achieves a clean audit opinion on its financial statements, and for other purposes.1.Short titleThis Act may be cited as the Audit the Pentagon Act of 2021.2.Sense of CongressIt is the sense of Congress that—(1)as the overall defense budget is cut, the congressional defense committees and the Department of Defense should not endanger the Armed Forces by reducing wounded warrior accounts or vital protection (such as body armor) for members of the Armed Forces serving in harm’s way;(2)the valuation of legacy assets by the Department of Defense should be simplified without compromising essential controls or generally accepted government auditing standards; and(3)nothing in this Act should be construed to require or permit the declassification of accounting details about classified defense programs, and, as required by law, the Department of Defense should ensure financial accountability in such programs using proven practices, including using auditors with security clearances.3.Department of Defense spending reductions in the absence of an unqualified audit opinion(a)In general(1)ReductionsIf, during any fiscal year after fiscal year 2022, the Comptroller of the Department of Defense fails to certify to Congress that a department, agency, or other element of the Department of Defense has achieved an unqualified opinion on its full financial statements, the amount available for such department, agency, or element shall be reduced—(A)for the fiscal year during which such determination is made, by an amount equal to 0.5 percent; and(B)for any subsequent fiscal year during which such determination is made, by an amount equal to 1.0 percent.(2)Application of reductionsFor any fiscal year for which a reduction is made pursuant to paragraph (1) for a department, agency, or element, the amount of the reduction shall be applied on a pro rata basis against each program, project, and activity of such department, agency, or element for that fiscal year.(3)Use of reduced amountsThe amount of any reduction made under paragraph (1) shall be deposited in the General Fund of the Treasury and shall be available for purposes of deficit reduction.(b)Accounts excludedThe following accounts are excluded from any reductions under subsection (a):(1)Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense.(2)The Defense Health Program account of the Department of Defense.(c)WaiverThe President may waive subsection (a) with respect to an account if the President—(1)certifies that the application of such subsection to that account would—(A)negatively affect the national security of the United States or members of the Armed Forces who are deployed in combat zones; or(B)affect the Defense Health Program account; and(2)submits to the Committee on Appropriations and the Committee on the Budget of the House of Representatives and the Committee on Appropriations and the Committee on the Budget of the Senate a report on such waiver that includes a description of the specific activities that would be affected and why such activities are essential to the national security of the United States.(d)ReportNot later than 60 days after a reduction takes effect under subsection (a), the Director of the Office of Management and Budget shall submit to Congress a report specifying each department, agency, or other element of the Department of Defense subject to reduction and the amount of the reduction.(e)DefinitionsIn this section:(1)The terms financial statement and external independent auditor have the meanings given those terms in section 3521(e) of title 31, United States Code.(2)The term unqualified, with respect to the audit status of a financial statement, includes the characterizations clean and unmodified.


I
111th CONGRESS
1st Session
H. R. 2907
IN THE HOUSE OF REPRESENTATIVES

June 16, 2009
Mr. Tiahrt introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To amend the Emergency Economic Stabilization Act of 2008 to ensure that recipients of assistance under the Troubled Asset Relief Program repay such assistance only if they would remain well capitalized after such repayment.

1.PurposeThe purpose of this Act is to authorize and remove impediments to the repayment of funds received under the Troubled Asset Relief Program.
2.Repayment of TARP fundsSection 111(g) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5221(g)) is amended—
(1)by inserting if, subsequent to such repayment, the TARP recipient is well capitalized (as determined by the appropriate Federal banking agency having supervisory authority over the TARP recipient) after waiting period,; and
(2)by striking , and when such assistance is repaid, the Secretary shall liquidate warrants associated with such assistance at the current market price.


117 S439 IS: Coronavirus Medicaid Response Act
U.S. Senate
2021-02-25
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.

II117th CONGRESS1st SessionS. 439IN THE SENATE OF THE UNITED STATESFebruary 25, 2021Mr. Casey (for himself, Ms. Cortez Masto, Mr. Bennet, Mr. Brown, Mr. Wyden, Mrs. Shaheen, Mr. Merkley, Mr. Warner, Mr. Menendez, Ms. Rosen, Ms. Smith, Mr. Peters, Mr. Booker, Mr. Van Hollen, Mr. Tester, Ms. Stabenow, Mr. Whitehouse, Mr. Cardin, Ms. Warren, Ms. Klobuchar, Mr. King, Ms. Hassan, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XIX of the Social Security Act to increase Federal support to State Medicaid programs during economic downturns, and for other purposes.1.Short titleThis Act may be cited as the Coronavirus Medicaid Response Act.2.Increasing Federal support to State Medicaid programs during economic downturns(a)In generalSection 1905 of the Social Security Act (42 U.S.C. 1396d) is amended—(1)in subsection (b), by striking and (ff) and inserting (ff), and (hh); and(2)by adding at the end the following new subsection:(hh)Increased FMAP during economic downturns(1)In generalIf a fiscal quarter that begins on or after January 1, 2020, is an economic downturn quarter (as defined in paragraph (2)) with respect to a State, then the Federal medical assistance percentage determined for the State and quarter under subsection (b) shall be equal to the percentage determined for the State and quarter under paragraph (3).(2)Economic downturn quarter(A)In general(i)In generalIn this subsection, the term economic downturn quarter means, with respect to a State, a fiscal quarter during which the State’s unemployment rate for the quarter exceeds the percentage determined for the State and quarter under clause (ii).(ii)Threshold percentageThe percentage determined under this clause for a State and fiscal quarter is the percentage equal to the lower of—(I)the State unemployment rate at the 20th percentile of the distribution of the State’s quarterly unemployment rates for the 60-quarter period preceding the quarter involved, increased by 1 percentage point; and(II)the State’s average quarterly unemployment rate for the 12-quarter period preceding the quarter involved, increased by 1 percentage point.(B)Unemployment data(i)In generalExcept as provided in clause (ii), for purposes of determining unemployment rates for a State and a quarter under this paragraph, the Secretary shall use data from the Local Area Unemployment Statistics from the Bureau of Labor Statistics. (ii)Application to certain territoriesIn the case of the Virgin Islands, Guam, the Northern Mariana Islands, American Samoa, or any other jurisdiction for which suitable data from the Local Area Unemployment Statistics from the Bureau of Labor Statistics are unavailable, the Secretary shall use data from the U–3 unemployment measure of the Bureau of Labor Statistics to make any necessary determinations under subparagraph (A).(3)Increased FMAP during economic downturn quarter(A)In generalDuring a fiscal quarter that is an economic downturn quarter with respect to a State, the Federal medical assistance percentage for the State and quarter determined under subsection (b) shall be equal to—(i)the Federal medical assistance percentage determined for the State and quarter under subsection (b) without regard to this subsection (but including any increase to such percentage for such quarter made pursuant to section 6008(a) of the Families First Coronavirus Response Act); increased by(ii)the number of percentage points (rounded to the nearest tenth of a percentage point) equal to the product of—(I)the number of percentage points (rounded to the nearest tenth of a percentage point) by which the unemployment rate for the State and quarter exceeds the percentage determined for the State and quarter under paragraph (2)(A)(ii); and(II)4.8. (B)Rules of applicationThe following rules shall apply with respect to the Federal medical assistance percentage determined for a State and an economic downturn quarter under this subsection:(i)Scope of applicationSuch Federal medical assistance percentage shall not apply for purposes of—(I)disproportionate share hospital payments described in section 1923; (II)payments under part D of title IV; or(III)any payments under this title that are based on a Federal medical assistance percentage determined for a State under subsection (aa) (but only to the extent that such Federal medical assistance percentage is higher than the economic recovery FMAP).(ii)LimitationIn no case shall— (I)the Federal medical assistance percentage determined for a State and quarter pursuant to this subsection exceed 95 percent; or(II)any increase to the Federal medical assistance percentage determined for a State and quarter pursuant to this subsection result in the application of a Federal medical assistance percentage that exceeds 95 percent.(iii)Application to CHIPNotwithstanding the first sentence of section 2105(b), the application of this subsection may result in the enhanced FMAP of a State for a fiscal year under such section exceeding 85 percent, but in no case may the application of this subsection before application of the second sentence of such section result in the enhanced FMAP of the State exceeding 95 percent. (4)Advance payment; retrospective adjustment(A)In generalPrior to the beginning of each fiscal quarter that begins on or after July 1, 2020, the Secretary shall, with respect to each State— (i)make an initial determination, based on the projections made for the State and quarter under subparagraph (B), as to— (I)whether the application of this subsection is expected to result in the application of a higher Federal medical assistance percentage for the State and quarter than the percentage that would otherwise apply without regard to this subsection; and— (II)if the application of this subsection is expected to result in such a higher Federal medical assistance percentage for the State and quarter, what such higher percentage is expected to be; and (ii)if the Secretary determines under clause (i) that the application of this subsection is expected to result in the application of a higher Federal medical assistance percentage for the State and quarter than the percentage that would otherwise apply without regard to this subsection—(I)apply such higher Federal medical assistance percentage of the State for purposes of making payments to the State for amounts expended during such quarter as medical assistance under the State plan; and(II)take into account such higher Federal medical assistance percentage of the State for purposes of calculating the enhanced FMAP for the State and quarter under section 2105(b).(B)Projection of State unemployment ratesPrior to the beginning of each fiscal quarter that begins on or after July 1, 2020, the Secretary, acting through the Chief Actuary of the Centers for Medicare & Medicaid Services, shall, using the most recently available data described in paragraph (2)(B), make projections with respect to—(i)the unemployment rates for each State for such quarter;(ii)the threshold percentages described in paragraph (2)(A)(ii) for each State for such quarter; and(iii)the national unemployment rate for such quarter.(C)Retrospective adjustmentAs soon as practicable after final unemployment data becomes available for a fiscal quarter that begins on or after July 1, 2020, the Secretary shall, with respect to each State— (i)make a final determination with respect to the application of this subsection for purposes of determining the Federal medical assistance percentage and enhanced FMAP of the State for the quarter; and(ii)in accordance with section 1903(d)(2) and section 2105(e), reduce or increase the amount payable to the State under section 1903(a) or section 2105 for a subsequent fiscal quarter to the extent of any overpayment or underpayment under either such section which the Secretary determines was made as a result of an incorrect initial determination under subparagraph (A)(i) with respect to the application of this subsection for purposes of determining the Federal medical assistance percentage and enhanced FMAP of the State for such prior fiscal quarter. (5)Retrospective application of over-the-limit FMAP increases(A)In generalIf a State has excess percentage points with respect to an economic downturn quarter and an applicable FMAP (as determined under subparagraph (B)), the State may elect to apply such excess percentage points to increase such applicable FMAP for one or more quarters during the look-back period for the State and economic downturn quarter in accordance with this paragraph.(B)Excess percentage pointsFor purposes of this paragraph, the number of excess percentage points for a State, economic downturn quarter, and an applicable FMAP shall be equal to the number of percentage points by which— (i)the applicable FMAP for the State and quarter (after application of paragraph (3) but without regard to subparagraph (B)(ii) of such paragraph); exceeds(ii)95 percent.(C)Effect of application of excess percentage pointsIf a State elects to apply excess percentage points to an applicable FMAP to a quarter during a look-back period under this paragraph, the Secretary shall determine the additional amount of payment under section 1903(a) to which the State would have been entitled for such quarter if the applicable FMAP (as so increased) had been in effect for such quarter, and shall treat such additional amount as an underpayment for such quarter.(D)Distribution of excess percentage pointsA State that has excess percentage points with respect to an economic downturn quarter and applicable FMAP may elect to divide such points among more than 1 quarter during the look-back period for such State and quarter provided that no excess percentage point (or fraction of an excess percentage point) is applied to the applicable FMAP of more than 1 quarter.(E)Limitations(i)No increases over 100 percentA State may not increase an applicable FMAP for any quarter during a look-back period under this paragraph if such increase would result in the applicable FMAP for such quarter exceeding 100 percent.(ii)Scope of applicationAny increase to an applicable FMAP of a State for a fiscal quarter under this paragraph— (I)shall only apply with respect to payments for amounts expended by the State for medical assistance for services furnished during such quarter to which such applicable FMAP is applicable; and (II)shall not apply with respect to payments described in paragraph (3)(B)(i).(F)DefinitionsIn this paragraph: (i)Applicable FMAPThe term applicable FMAP means, with respect to a State and fiscal quarter—(I)the Federal medical assistance percentage determined for the State and quarter under subsection (b); (II)the Federal medical assistance percentage applicable under subsection (y); (III)the Federal medical assistance percentage applicable under subsection (z)(2); (IV)the Federal medical assistance percentage determined for the State and quarter under subsection (ff); or(V)the enhanced FMAP determined for the State and quarter under section 2105(b).(ii)Look-back periodThe term look-back period means, with respect to a State and a fiscal quarter that is an economic downturn quarter for the State, the period of 4 fiscal quarters that ends with the fourth quarter which precedes the most recent fiscal quarters that was not an economic downturn quarter for the State.(6)Requirement for all StatesThis subsection shall not apply to a State with respect to a fiscal quarter, if—(A)eligibility standards, methodologies, or procedures under the State plan or a waiver of such plan are more restrictive during such quarter than the eligibility standards, methodologies, or procedures, respectively, under such plan (or waiver) as in effect on the last day of the most recent fiscal quarter that was not an economic downturn quarter for the State;(B)the amount of any premium imposed by the State pursuant to section 1916 or 1916A during such quarter, with respect to an individual enrolled under such plan (or waiver), exceeds the amount of such premium as of the date described in subparagraph (A); or(C)the State fails to provide that an individual who is enrolled for benefits under such plan (or waiver) as of the date described in subparagraph (A) or enrolls for benefits under such plan (or waiver) during the period beginning with such date and ending with the day before the first day of the next quarter that is not an economic downturn quarter for the State shall be treated as eligible for such benefits for not less than 12 months after such date or (if later) the date that such individual so enrolls unless the individual requests a voluntary termination of eligibility or the individual ceases to be a resident of the State..(b)Exclusion of economic downturn FMAP increases from territorial caps; special rule for CHIP allotments(1)Exclusion from territorial capsSection 1108 of the Social Security Act (42 U.S.C. 1308) is amended—(A)in subsection (f), in the matter preceding paragraph (1), by striking subsection (g) and section 1935(e)(1)(B) and inserting subsections (g) and (h) and section 1935(e)(1)(B); and(B)by adding at the end the following:(h)Exclusion from caps of amounts attributable to economic downturn FMAPAny payment made to a territory for a fiscal year in which the Federal medical assistance percentage for the territory is determined under section 1905(hh) shall not be taken into account for purposes of applying payment limits under subsections (f) and (g) to the extent that such payment exceeds the amount of the payment that would have been made to the territory for the year if the Federal medical assistance percentage for the territory had been determined without regard to such section..(2)CHIP allotmentsSection 2104(m) of the Social Security Act (42 U.S.C. 1397dd(m)) is amended— (A)in paragraph (2)(B), in the matter preceding clause (i), by striking paragraphs (5) and (7) and inserting paragraphs (5), (7), and (12); and (B)by adding at the end the following new paragraph: (12)Special rule for adjusting allotments during fiscal years with economic downturn quarters(A)In generalIf a fiscal quarter occurring during fiscal year 2020 or any succeeding fiscal year is determined to be an economic downturn quarter with respect to a State (as determined under section 1905(hh)) then, as soon as practicable after such determination, the Secretary shall increase the allotment for the State and fiscal year in accordance with subparagraph (B).(B)Amount of increase(i)In generalThe amount of an increase to the allotment of a State described in subparagraph (A) for a fiscal year shall be equal to the amount by which Federal payments made to the State for the preceding fiscal year under this title would have been increased (without regard to whether such payments would exceed the amount of the State’s allotment for such preceding fiscal year) if the enhanced FMAP determined for the State for such preceding fiscal year had been increased to the same extent that the State's enhanced FMAP for the fiscal year involved is expected to be increased as a result of the application of section 1905(hh) relative to the enhanced FMAP that would apply to the State for the fiscal year involved without the application of such section.(ii)Inclusion of projected increasesIn increasing the allotment of a State for a fiscal year under this paragraph, the Secretary may base the calculation of such increase on projections made by the Secretary with respect to—(I)the number of fiscal quarters during such fiscal year that will be economic downturn quarters; and(II)the effect that the application of section 1905(hh) is expected to have on the enhanced FMAP of the State for such fiscal year.(C)Disregard of increased payments for purposes of future allotmentsAny Federal payment made to a State under this title for a fiscal year in which the Federal medical assistance percentage for the State is determined under section 1905(hh) shall be disregarded when determining the allotment of the State for any subsequent year, including for purposes of applying this paragraph, to the extent that such payment exceeds the amount of the payment that would have been made to the State for the year if the Federal medical assistance percentage for the State and year had been determined without regard to such section..(c)Conforming amendmentsSection 1905(cc) of the Social Security Act (42 U.S.C. 1396d(cc)) is amended—(1)by striking and section 6008 of the Families First Coronavirus Response Act and inserting , section 6008 of the Families First Coronavirus Response Act, and subsection (hh) of this section; and(2)by inserting , and, in applying such treatments to an increase in the Federal medical assistance percentage of a State under subsection (hh) with respect to a fiscal quarter that is an economic downturn quarter for the State, the reference to December 31, 2009 shall be deemed to be a reference to March 11, 2020, or, if later, the last day of the most recent fiscal quarter that was not an economic downturn quarter for the State before the period.


116 HR 4179 IH: No Federal Funding for Confederate Symbols Act
U.S. House of Representatives
2019-08-09
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.

I116th CONGRESS1st SessionH. R. 4179IN THE HOUSE OF REPRESENTATIVESAugust 9, 2019Mr. Espaillat (for himself, Mr. Evans, Ms. Clarke of New York, Ms. Velázquez, Ms. Adams, Mr. Quigley, Ms. Wasserman Schultz, Mr. Khanna, Ms. Jackson Lee, and Mr. Gallego) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Transportation and Infrastructure, 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 prohibit the use of Federal funds for Confederate symbols, and for other purposes.

 1.Short titleThis Act may be cited as the No Federal Funding for Confederate Symbols Act. 2.FindingsThe Congress finds the following:
 (1)The Confederate battle flag is one of the most controversial symbols from U.S. history, signifying a representation of racism, slavery, and the oppression of African Americans.
 (2)The Confederate flag and the erection of Confederate monuments were used as symbols to resist efforts to dismantle Jim Crow segregation, and have become pillars of Ku Klux Klan rallies.
 (3)There are at least 1,503 symbols of the Confederacy in public spaces, including 109 public schools named after prominent Confederates, many with large African-American student populations.
 (4)There are more than 700 Confederate monuments and statues on public property throughout the country, the vast majority in the South. These include 96 monuments in Virginia, 90 in Georgia, and 90 in North Carolina.
 (5)Ten major U.S. military installations are named in honor of Confederate military leaders. These include Fort Rucker (Gen. Edmund Rucker) in Alabama; Fort Benning (Brig. Gen. Henry L. Benning) and Fort Gordon (Maj. Gen. John Brown Gordon) in Georgia; Camp Beauregard (Gen. P.G.T. Beauregard) and Fort Polk (Gen. Leonidas Polk) in Louisiana; Fort Bragg (Gen. Braxton Bragg) in North Carolina; Fort Hood (Gen. John Bell Hood) in Texas; and Fort A.P. Hill (Gen. A.P. Hill), Fort Lee (Gen. Robert E. Lee), and Fort Pickett (Gen. George Pickett) in Virginia.
			3.Federal funds restriction
 (a)In generalExcept as provided in subsection (c), no Federal funds may be used for the creation, maintenance, or display, as applicable, of any Confederate symbol on Federal public land, including any highway, park, subway, Federal building, military installation, street, or other Federal property.
 (b)Confederate symbol definedThe term Confederate symbol includes the following: (1)A Confederate battle flag.
 (2)Any symbol or other signage that honors the Confederacy. (3)Any monument or statue that honors a Confederate leader or soldier or the Confederate States of America.
 (c)ExceptionsSubsection (a) does not apply— (1)if the use of such funds is necessary to allow for removal of the Confederate symbol to address public safety; or
 (2)in the case of a Confederate symbol created, maintained, or displayed in a museum or educational exhibit.
				4.Redesignation of military installations
 (a)RedesignationNot later than 1 year after the date of enactment of this Act, the Secretary of Defense shall redesignate the following military installations with such designation as the Secretary determines appropriate:
 (1)Fort Rucker, Alabama. (2)Fort Benning, Georgia.
 (3)Fort Gordon, Georgia. (4)Camp Beauregard, Louisiana.
 (5)Fort Polk, Louisiana. (6)Fort Bragg, North Carolina.
 (7)Fort Hood, Texas. (8)Fort A.P. Hill, Virginia.
 (9)Fort Lee, Virginia. (10)Fort Pickett, Virginia.
 (b)ReferencesAny reference in any law, regulation, map, document, paper, or other record of the United States to a military installation referred to in subsection (a) shall be deemed to be a reference to such installation as redesignated under such subsection.


116 S3919 IS: Military Suicide Prevention in the 21st Century Act
U.S. Senate
2020-06-09
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.

II116th CONGRESS2d SessionS. 3919IN THE SENATE OF THE UNITED STATESJune 9, 2020Ms. Sinema (for herself and Mr. Cotton) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo direct the Secretary of Defense to carry out a pilot program to pre-program suicide prevention resources into smart devices issued to members of the Armed Forces.1.Short titleThis Act may be cited as the Military Suicide Prevention in the 21st Century Act.2.FindingsCongress finds the following:(1)Although personal electronic devices, such as mobile phones, computers, and tablets, increasingly are being leveraged as vehicles for health in the civilian world, almost nothing is known about personal technology use among members of the Armed Forces.(2)The Defense Health Agency created the Virtual Hope Box application to help members of the Armed Forces build resilience.(3)Users of the Virtual Hope Box application reported significantly greater ability to cope with unpleasant emotions and thoughts.(4)Members of the Armed Forces who are behavioral health patients experiencing distress, emotional dysregulation, or suicidal ideation are often separated from direct clinical support when they need it.(5)The Virtual Hope Box application offers a highly portable, accessible, and discreet tool for effectively increasing coping self-efficacy.(6)A strongly linked chain of care depends on engaged leaders as well as highly competent first responders, crisis hotline workers, emergency department personnel, chaplains, primary care clinicians, and behavioral health clinicians.3.Pilot program on pre-programming of suicide prevention resources into smart devices issued to members of the Armed Forces(a)In generalCommencing not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which the Secretary—(1)pre-downloads the Virtual Hope Box application of the Defense Health Agency, or successor application, on smart devices individually issued to members of the Armed Forces; (2)pre-programs the National Suicide Hotline number and Veterans Crisis Line number into the contacts for such devices; and(3)provides training, as part of training on suicide awareness and prevention conducted throughout the Department of Defense, on the preventative resources described in paragraphs (1) and (2).(b)DurationThe Secretary shall carry out the pilot program under this section for a two-year period. (c)ScopeThe Secretary shall determine the appropriate scope of individuals participating in the pilot program under this section to best represent each Armed Force and to ensure a relevant sample size. (d)Identification of other resourcesIn carrying out the pilot program under this section, the Secretary shall coordinate with the Director of the Defense Health Agency and the Secretary of Veterans Affairs to identify other useful technology-related resources for use in the pilot program.(e)ReportNot later than 30 days after completing the pilot program under this section, the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the pilot program. (f)Veterans crisis line definedIn this section, the term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of title 38, United States Code.