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117-s-1214 | II 117th CONGRESS 1st Session S. 1214 IN THE SENATE OF THE UNITED STATES April 19, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Land Policy and Management Act of 1976 to authorize the Secretary of the Interior and the Secretary of Agriculture to enter into cooperative agreements with States to provide for State administration of allotment management plans.
1. Short title This Act may be cited as the State Grazing Management Authority Act . 2. Authorization of cooperative agreements between the Secretary of the Interior, the Secretary of Agriculture, and States Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ) is amended by adding at the end the following: (k) Cooperative agreements with States (1) Definitions In this subsection: (A) Allotment management plan The term allotment management plan has the meaning given the term in subsection (k) of section 103, except that— (i) any reference to the lessees or permittees involved in that subsection shall be considered to be a reference to the Secretary concerned ; and (ii) any reference to the Secretary concerned in that subsection shall be considered to be a reference to the Governor of the applicable State . (B) Cooperating agency The term cooperating agency means, as applicable— (i) a State agricultural agency that is involved in a proposed action under an allotment management plan authorized under paragraph (2); or (ii) a Federal agency that— (I) is involved in a proposed action under an allotment management plan authorized under paragraph (2); (II) is not the lead agency; and (III) has the jurisdiction or special expertise such that the Federal agency needs to be consulted— (aa) to use a categorical exclusion; or (bb) to prepare an environmental assessment or environmental impact statement, as applicable. (C) Cooperative agreement The term cooperative agreement means a cooperative agreement entered into under paragraph (2). (D) Domestic livestock The term domestic livestock means an animal raised in an agricultural setting to produce labor or commodities. (E) Eligible Federal land The term eligible Federal land means— (i) public lands that— (I) are subject to a grazing permit or lease issued by the Bureau under section 3 or 15 of the Act of June 28, 1934 (commonly known as the Taylor Grazing Act ) ( 43 U.S.C. 315b , 315m); and (II) have periodically or historically been used or offered for public domestic livestock grazing, as determined by the Secretary concerned; and (ii) National Forest System land that— (I) is subject to a grazing permit or lease issued by the Secretary of Agriculture; and (II) has periodically or historically been used or offered for public domestic livestock grazing, as determined by the Secretary concerned. (F) Environmental assessment The term environmental assessment has the meaning given the term in section 1508.9 of title 40, Code of Federal Regulations (or a successor regulation). (G) Environmental impact statement The term environmental impact statement means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (H) Lead agency The term lead agency means the Federal agency headed by the Secretary concerned that, at the request of the Governor of the applicable State under paragraph (3)(A)(ii), carries out the NEPA process for a proposed action under an allotment management plan authorized under paragraph (2). (I) NEPA process (i) In general The term NEPA process means any portion of the process, analysis, and other measure, including the preparation of an environmental impact statement, if necessary, that is required to be carried out by the Secretary concerned under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) before the Secretary concerned undertakes a proposed action. (ii) Period For purposes of clause (i), the NEPA process— (I) begins on the date on which the Secretary concerned receives an application for a proposed action from a project sponsor; and (II) ends on the date on which the Secretary concerned issues, with respect to the proposed action— (aa) a record of decision, including, if necessary, a revised record of decision; (bb) a finding of no significant impact; or (cc) a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (J) Project sponsor The term project sponsor means a Federal agency or applicable State agency that seeks approval of a proposed action. (K) Secretary concerned The term Secretary concerned means— (i) the Secretary, acting through the Director of the Bureau, with respect to public lands; and (ii) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land. (L) State commission The term State commission means an advisory commission for a State established under paragraph (8)(A). (2) Pilot project authorization (A) In general At the request of the Governor of a State, the Secretary concerned shall enter into a cooperative agreement with the State to authorize the State to administer 1 or more allotment management plans on eligible Federal land in the State, including the commencement of a lease or the issuance of a permit for domestic livestock grazing on the applicable allotment, subject to valid existing rights and this subsection. (B) Requirement The Secretary concerned may enter into a cooperative agreement under subparagraph (A) and a State may commence a lease and issue a permit under an allotment management plan authorized under that subparagraph only after the Governor of the State has submitted to the Secretary concerned— (i) if the applicable allotment is occupied, a notice from each holder of a grazing permit or lease occupying the applicable allotment that provides that— (I) the holder consents to management by the State of the applicable permit or lease, which may include a maximum fee that the State may charge the holder of the grazing permit or lease under paragraph (6)(C); and (II) if the grazing permit or lease is subsequently transferred, the transfer shall be subject to the requirement that the transferee consents to the management by the State of the applicable permit or lease, in accordance with subclause (I); and (ii) a proposed allotment management plan for the applicable allotment. (3) NEPA authority (A) In general At the request of the Governor of a State— (i) a cooperative agreement shall include an assignment of the responsibilities of the Secretary concerned under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) to the State with respect to the allotment management plans authorized under paragraph (2); or (ii) (I) the Federal agency headed by the Secretary concerned shall carry out the NEPA process for each proposed action under an allotment management plan authorized under paragraph (2); (II) the applicable agricultural agency of the State shall participate in the NEPA process as a cooperating agency; and (III) any other Federal or State agency may participate in the NEPA process as a cooperating agency, as the applicable State commission determines to be appropriate. (B) Multi-agency projects (i) Responsibilities of lead agency The lead agency for a proposed action shall— (I) as soon as practicable and in consultation with the cooperating agencies, determine whether a proposed action requires the preparation of an environmental assessment or an environmental impact statement; and (II) if the lead agency determines under subclause (I) that an environmental impact statement is necessary— (aa) be responsible for coordinating the preparation of the environmental impact statement; (bb) incorporate, to the maximum extent practicable, any applicable State or local resource management plans into the environmental impact statement and environmental assessment, as applicable; (cc) provide each cooperating agency with an opportunity to review and contribute to the preparation of the environmental impact statement and environmental assessment, as applicable, for the proposed action, except that a cooperating agency shall limit comments to issues within the special expertise or jurisdiction of the cooperating agency; and (dd) as soon as practicable and in consultation with the cooperating agencies, determine the range of alternatives to be considered for the proposed action. (ii) Environmental documents (I) In general In carrying out the NEPA process for a proposed action under an allotment management plan authorized under paragraph (2), the lead agency, in consultation with the cooperating agencies, shall prepare not more than 1 of each type of document described in subclause (II), as applicable. (II) Documents described The documents referred to in subclause (I) are— (aa) an environmental assessment; (bb) a finding of no significant impact; (cc) an environmental impact statement; and (dd) a record of decision. (iii) Prohibition A cooperating agency may not evaluate an alternative to the proposed action that the lead agency has not determined to be within the range of alternatives to be considered under clause (i)(II)(dd). (C) Categorical exclusions With respect to the allotment management plans authorized under paragraph (2), the following actions shall qualify for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.): (i) The conduct of vegetation restoration projects using a method such as— (I) aerial, drill, or broadcast seeding; (II) disking; (III) mowing; (IV) chaining; (V) the use of a forestry mulcher; (VI) prescribed fire; (VII) invasive species management; or (VIII) any other method of vegetation restoration that the applicable State commission considers to be appropriate. (ii) The conduct of pinyon or juniper treatments using a method such as— (I) prescribed fire; (II) hand removal; (III) chaining; (IV) dozing; (V) the use of a forestry mulcher; or (VI) any other method that a State commission considers to be appropriate. (iii) Any change to— (I) the type of domestic livestock grazing on the applicable allotment; or (II) the number of, or season of use for, permitted animal unit months that a State commission makes to the allotment management plan. (iv) The installation of new fencing and the maintenance and repair of existing fencing, including— (I) the installation of cattle guards; (II) the installation of new fencing to adjust pasture boundaries; (III) the installation of new gates; and (IV) the removal of fencing. (v) Water infrastructure improvements described in paragraph (4). (vi) Any other activity that would otherwise qualify for a categorical exclusion under an allotment management plan, permit, or lease for domestic livestock grazing. (4) Water infrastructure improvements A cooperative agreement shall include, with respect to allotment management plans authorized under paragraph (2), the assignment to the State of the responsibilities of the Secretary concerned to approve or construct water infrastructure improvements that are appropriate for the improvement of public grazing, including— (A) (i) guzzlers, head boxes, ponds, pumps, tanks, springs, wells, diversions, troughs, impoundments, water control structures, and pipelines; or (ii) any other improvements that the applicable State commission considers appropriate; and (B) any appurtenance to an improvement described in subparagraph (A). (5) Access to land; water rights (A) In general The Secretary concerned— (i) shall provide access to the land covered by an allotment management plan authorized under paragraph (2), including for the purpose of the construction of water infrastructure improvements described in paragraph (4); and (ii) shall not require as a condition of a management activity under a cooperative agreement an action that affects water rights. (B) Adjudication of water rights With respect to the allotment management plans authorized under paragraph (2), water rights under the authority of a State by law shall be adjudicated by the State. (6) Grazing fees (A) In general A fee charged for domestic livestock grazing under an allotment management plan authorized under paragraph (2) and shared between the State and the Secretary concerned in accordance with subparagraph (B) shall be in an amount not greater than the amount established for the applicable year under Executive Order 12548 ( 43 U.S.C. 1905 note; relating to grazing fees) (or a successor Executive order). (B) Revenue sharing (i) In general A cooperative agreement shall include a provision for the sharing between the State and the Secretary concerned of revenue received from grazing fees described in subparagraph (A). (ii) Requirement Revenue sharing under this subparagraph shall be proportional to the services that the State and the Secretary concerned are required to provide under the applicable cooperative agreement. (C) Additional fees In addition to any fee charged under subparagraph (A), a State may charge additional fees for domestic livestock grazing on land covered by an allotment management plan administered by the State under paragraph (2), the revenue from which shall be retained by the State. (7) Wildfires (A) Wildfire rehabilitation In the case of a catastrophic wildfire (as determined by the Secretary concerned (or a designee of the Secretary concerned)) on land covered by an allotment management plan authorized under paragraph (2), the Secretary concerned shall rehabilitate the land in accordance with this Act. (B) Compensation (i) In general If a State or the holder of a grazing permit has posted a bond or purchased insurance as described in paragraph (14)(A)(iv), the Secretary concerned may seek compensation for any damages caused by a catastrophic wildfire, including the costs of any rehabilitation efforts carried out under subparagraph (A), from the bond or insurance if— (I) not later than 60 days after the date on which the wildfire is brought under control, as determined by the Secretary concerned, the Secretary concerned— (aa) conducts an investigation of the catastrophic wildfire; and (bb) makes the results of that investigation public; (II) as a result of that investigation, the Secretary concerned determines that negligent or deliberate behavior by the State or the holder of the grazing permit, as applicable, contributed to the wildfire; and (III) the Secretary concerned is able— (aa) to provide to the State or the holder of the grazing permit, as applicable, an itemized list of damages; and (bb) to ask for payment of those damages from the applicable bond or insurance. (ii) Disputes If a State or the holder of a grazing permit disagrees with a determination of the Secretary concerned under subclause (II) of clause (i) or the valuation, as determined by the Secretary concerned, of any damages identified by the Secretary concerned under subclause (III) of that clause, the Secretary concerned may— (I) negotiate with the State or holder; or (II) file an action for damages in an appropriate district court of the United States against the State or holder. (C) Effect Nothing in this paragraph exempts any individual or entity from any monetary or other penalty due to criminal or negligent behavior. (8) State advisory commission (A) In general A Governor of a State that enters into a cooperative agreement shall establish a commission to advise the Governor on— (i) the substance and terms of the cooperative agreement; and (ii) any matters relating to carrying out the cooperative agreement. (B) Membership A State commission shall be comprised of 14 members, of whom— (i) 11 shall be appointed by the Governor of the applicable State, of whom— (I) 3 shall be holders of 1 or more grazing permits or leases in the State, each of whom, to the maximum extent practicable, represent a different industry; (II) 1 shall be a representative of the State department of agriculture (or any substantially similar State agency); (III) 1 shall be a representative of the State department of wildlife (or any substantially similar State agency); (IV) 1 shall be a representative of a nationally or regionally recognized agricultural organization; (V) 1 shall be a representative of a nationally or regionally recognized organization the mission of which is to promote grazing of domestic animals on public lands; (VI) 1 shall be a representative of a conservation or environmental organization; (VII) 1 shall be a representative of a sportsmen’s organization; (VIII) 1 shall be a representative of other users of public lands; and (IX) 1 shall be a representative of 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 )) in the State with expertise related to agricultural grazing; (ii) 1 shall— (I) be appointed by the Secretary of Agriculture; and (II) be a representative of the Forest Service; and (iii) 2 shall be appointed by the Secretary, of whom— (I) 1 shall be a representative of the Bureau; and (II) 1 shall be a representative of the United States Fish and Wildlife Service. (C) Chair To manage the meetings of a State commission, the Governor of the State shall appoint a Chair of the State commission from among members appointed to the State commission under subparagraph (B)(i). (D) Quorum (i) In general Ten members of a State commission shall constitute a quorum. (ii) Decisions With respect to the duties described in subparagraph (E), decisions of a State commission shall be made by majority vote, a quorum being present. (E) Duties A State commission shall— (i) oversee the development of policies for the operation and use of the allotment management plans covered by the cooperative agreement; (ii) be involved in, and stay informed of, any dispute resolution necessary to ensure that the administration of the applicable allotment management plans by the State is in accordance with— (I) this Act; and (II) the laws described in subparagraphs (A) through (C) of paragraph (11); (iii) assist, as necessary, in setting or adjusting grazing permit or lease boundaries; (iv) assist and be involved in any other decision that may affect the stability of— (I) the allotment management plan; or (II) the holder of the grazing permit or lease; and (v) adopt or approve the allotment management plans covered by the cooperative agreement. (9) Terms; conditions (A) Term of cooperative agreements A cooperative agreement entered into under paragraph (2) shall be for a term of 30 years. (B) Renewal of cooperative agreements (i) In general The Secretary concerned shall agree to a renewal of a cooperative agreement for an additional 30 years if— (I) the State requests that the cooperative agreement be renewed; (II) the State has satisfied all conditions of the cooperative agreement; and (III) the applicable State commission determines that monitoring during the period of a grazing lease or permit has shown positive outcomes in the joint monitoring regimen under paragraph (13). (ii) No other requirements or conditions for renewal The Secretary concerned may not impose any additional requirement or condition for the renewal of a cooperative agreement under this subparagraph. (C) Term of grazing leases and permits A permit or lease for domestic livestock grazing on land covered by a cooperative agreement shall— (i) be issued by the applicable State agency for a term of 30 years beginning on the date on which the applicable cooperative agreement is entered into under paragraph (2) or renewed under subparagraph (B), as applicable; and (ii) contain only the terms and conditions included in the applicable allotment management plan adopted or approved by the applicable State commission. (10) Enforcement of grazing leases and permits A State entering into a cooperative agreement under this subsection may enter into an agreement with any local law enforcement agency for the enforcement of the terms of any permit or lease for domestic livestock grazing on land covered by the cooperative agreement if the area in which the law enforcement agency would act under that agreement is within the jurisdiction of that agency. (11) Applicable law In administering allotment management plans under paragraph (2), a State shall be subject to— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (B) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); and (C) any other applicable Federal law (including regulations) that is consistent with State administration of allotment management plans under this subsection. (12) Resolution of disputes (A) Authority of the Interior Board of Land Appeals Nothing in this subsection provides to the Interior Board of Land Appeals authority to hear a case with respect to a decision relating to an allotment management plan administered by a State under paragraph (2). (B) State dispute resolution process (i) In general A cooperative agreement shall provide for the development of a process by the State to resolve disputes relating to a decision by the State with respect to an allotment management plan administered by the State under the cooperative agreement, including resolution of disputes through any mediation authority available to the State on the date of enactment of this subsection. (ii) Resolution A dispute described in clause (i) shall be resolved in accordance with the process developed under that clause. (C) Third-party disputes No party that is not directly involved in the administration of an allotment management plan by a State under paragraph (2) may receive any costs or fees under section 2412 of title 28, United States Code, with respect to any action brought to challenge any action taken with respect to the allotment management plan. (13) Monitoring (A) In general A cooperative agreement shall include provisions for a joint monitoring regimen for the land covered by the applicable allotment management plan to be conducted by the applicable State agency and any applicable Federal agencies. (B) Requirement A joint monitoring regimen implemented under subparagraph (A) shall comply with the requirements of the applicable allotment management plan, as adopted or approved by the applicable State commission under paragraph (8)(E)(v). (C) Data collection To the maximum extent practicable, all parties to the cooperative agreement shall be present when data are collected under the joint monitoring regimen carried out under this paragraph. (D) Availability of findings The findings of any monitoring carried out under this paragraph shall be made available to the Secretary concerned. (14) Termination (A) Termination of allotment management plans by the Secretary concerned (i) Notification of noncompliance If the Secretary concerned determines that a State is not adequately carrying out the responsibilities of the State under an allotment management plan covered by a cooperative agreement, the Secretary concerned shall— (I) notify the State of the determination of noncompliance with the applicable allotment management plan; and (II) on request of the Governor of the State, provide the State with a description of each responsibility of the State under the applicable allotment management plan that is in need of corrective action. (ii) Corrective action A State shall take corrective action with respect to each area of noncompliance for which the Secretary concerned has made a determination of noncompliance under clause (i) by— (I) the date that is 1 year after the date on which the Secretary concerned notifies the State under clause (i)(I); or (II) if the Secretary concerned determines an extension is appropriate, the date that is 120 days after the deadline described in subclause (I). (iii) Termination Subject to clause (iv), if a State has not taken satisfactory corrective action, as determined by the Secretary concerned, by the applicable date described in clause (ii), the Secretary concerned shall terminate the applicable allotment management plan. (iv) Effect of bond and insurance The Secretary concerned may not terminate an applicable allotment management plan covered by a cooperative agreement under this subparagraph if the State or the holder of a grazing permit or lease covered by the cooperative agreement has posted a bond or purchased insurance that, in the determination of the Secretary concerned, is sufficient to cover the cost of any potential harm to the applicable land that is caused by the State or the holder, as applicable. (B) Termination of allotment management plan by the State (i) In general Subject to clause (ii), a State may terminate an applicable allotment management plan covered by a cooperative agreement entered into under this subsection at any time. (ii) Notice required A State shall provide to the Secretary concerned notice of any termination of an applicable allotment management plan covered by a cooperative agreement under clause (i) not less than 90 days before the date on which that termination shall take effect. (C) Revocation of consent by the permittee (i) In general The holder of a grazing permit or lease that has consented to management by the State of the permit or lease under subclause (I) or (II) of paragraph (2)(B)(i) may revoke that consent at any time. (ii) Termination On revocation of consent to management by the State of the permit or lease under clause (i), the applicable allotment management plan shall be terminated. (D) Effect of termination or revocation On termination of an applicable allotment management plan covered by a cooperative agreement under subparagraph (A), (B), or (C)— (i) management of the applicable allotment shall revert to the Secretary concerned; (ii) the allotment shall be managed in accordance with the authorities under which the allotment was managed before the date on which the Secretary concerned entered into the cooperative agreement, including any allotment management plan that applied to the allotment before that date; and (iii) no new NEPA process shall be required with respect to the use, in accordance with clause (ii), of an allotment management plan that applied to the allotment before the date on which the Secretary concerned entered into the cooperative agreement. . | https://www.govinfo.gov/content/pkg/BILLS-117s1214is/xml/BILLS-117s1214is.xml |
117-s-1215 | II 117th CONGRESS 1st Session S. 1215 IN THE SENATE OF THE UNITED STATES April 19, 2021 Mr. Sullivan (for himself and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To state the policy of the United States regarding the need for reciprocity in the relationship between the United States and the People’s Republic of China, and for other purposes.
1. Short title This Act may be cited as the True Reciprocity Act of 2021 . 2. Findings Congress makes the following findings: (1) In a number of areas, the relationship between the United States and the People’s Republic of China is not fair, equal, or reciprocal. (2) The Government of the People’s Republic of China requires diplomats, Members of Congress, and other officials of the United States to obtain approval before admittance into the People’s Republic of China and sometimes denies the entry of those individuals. Officials of the United States are very restricted with respect to where they can travel and with whom they can meet in the People’s Republic of China. (3) The Government of the United States requires diplomats of the People’s Republic of China to notify the Department of State of their travel and meeting plans, and the Government of the United States sometimes requires such diplomats to obtain approval from the Department of State while traveling in the United States. However, when such approval is required, it is almost always granted expeditiously, and diplomats of the People’s Republic of China are not restricted with respect to where they can travel or with whom they can meet in the United States. (4) Diplomats of the People’s Republic of China based in the United States generally avail themselves of the freedom to travel to cities in the United States and lobby city councils, mayors, and governors to refrain from passing resolutions, issuing proclamations, or making statements critical of the Government of the People’s Republic of China. (5) According to the 2020 Integrated Country Strategy of the Department of State on the People’s Republic of China, Chinese law enforcement and security services employ extra-judicial means against U.S. citizens without regard to international norms, including the Vienna Consular Convention and the 1980 U.S.-China Bilateral Consular Convention. These means include broad travel prohibitions, known as exit bans, which are sometimes used to prevent U.S. citizens who are not themselves suspected of a crime from leaving China as a means to pressure their relatives or associates who are wanted by Chinese law enforcement in the United States. . The Department of State also stated that Chinese officials also arbitrarily detain and interrogate U.S. citizens for reasons related to state security … [and] the Chinese criminal justice system often subjects U.S. citizens to overly lengthy pre-trial detention in substandard conditions while investigations are ongoing . (6) The People’s Republic of China is considered one of the least free countries to operate in as a journalist, ranked 177 out of 180 in the 2020 World Press Freedom Index published by Reporters Without Borders, above Eritrea, North Korea, and Turkmenistan. (7) According to Freedom House’s 2020 Freedom of the Net annual report, the People’s Republic of China was ranked the world’s worst abuser of internet freedoms for the sixth consecutive year with censorship and surveillance pushed to unprecedented extremes . (8) The Government of the People’s Republic of China restricts the movement of journalists from the United States and journalists representing United States media outlets by denying entry into the People’s Republic of China, issuing short visas, and restricting access to people and places unless prior approval is received. (9) The Government of the United States generally allows journalists, diplomats, and other citizens of the People’s Republic of China to travel freely within the United States, including on college and university campuses and in the halls of Congress. (10) The Government of the People’s Republic of China either directly or indirectly funds Confucius Institutes and Confucius Classrooms operated on campuses of institutions of higher education in the United States and in K–12 public school districts, but similar institutes funded by the Government of the United States are prohibited in the People’s Republic of China. (11) In April 2016, the Government of the People’s Republic of China enacted legislation stating that foreign nongovernmental organizations operating in the mainland of the People’s Republic of China and in special administrative regions of the People’s Republic of China would be subjected to supervision by the Government of the People’s Republic of China, and, in December 2019, the Government of the People’s Republic of China announced that it would be imposing sanctions on nonprofit organizations based in the United States, including the National Endowment for Democracy, Human Rights Watch, Freedom House, the National Democratic Institute, and the International Republican Institute, even if those organizations do not operate in the mainland of the People’s Republic of China or in special administrative regions of the People’s Republic of China. (12) When the People’s Republic of China joined the World Trade Organization in 2001, the People’s Republic of China promised that it would liberalize economically, but, through state mercantilism, has created a severely imbalanced trading relationship with the United States, requiring forced transfers of intellectual property and imposing joint venture requirements and nontariff barriers. (13) The People’s Republic of China provides massive subsidies for agriculture, fishery, aluminum and steel, and technology manufacturing industries that distort domestic and global competition in favor of Chinese businesses and at the expense of market access for United States companies. These distortionary policies harm United States companies, workers, and consumers. (14) The People’s Republic of China uses multiple tools, including caps on foreign equity ownership, data localization, and other administrative procedures, to coerce foreign companies to transfer technology as a precondition for market access. These policies pose immediate and far-reaching challenges for United States companies and limit market access for United States products and services. (15) The People’s Republic of China’s internet and online restrictions hamper the operations of United States businesses in the People’s Republic of China, and certain United States technology companies are effectively banned from doing business in the People’s Republic of China. 3. Statement of policy It is the policy of the United States— (1) to clearly differentiate, in official statements, media communications, and messaging, between— (A) the people and culture of the People’s Republic of China; and (B) the Government of the People’s Republic of China and the Communist Party of China; (2) that any negotiations toward a trade agreement with the People’s Republic of China should be concluded in a manner that addresses unfair trading practices by the People’s Republic of China; (3) that such an agreement should, to the extent possible— (A) ensure that the People’s Republic of China commits to structural changes in its trade and economic policies; (B) hold the People’s Republic of China accountable to those commitments; and (C) promote access to reciprocal direct investment; and (4) to seek and develop a relationship with the People’s Republic of China that is founded on the principles of basic reciprocity across sectors, including economic, diplomatic, educational, and communications sectors. 4. Report on the manner in which the People’s Republic of China perpetuates nonreciprocal relations with the United States (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Commerce, the United States Trade Representative, and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on the manner in which the Government of the People’s Republic of China creates barriers to the work of United States diplomats and other officials, journalists, and businesses, and nongovernmental organizations based in the United States, in the People’s Republic of China. (b) Elements The report required by subsection (a) shall include the following: (1) A summary of obstacles that United States diplomats and other officials, journalists, and businesses encounter when attempting to work in the People’s Republic of China. (2) A summary of the obstacles Chinese diplomats and other officials, journalists, and businesses encounter while working in the United States. (3) A description of the efforts that officials of the United States have made to rectify any differences in the treatment of diplomats and other officials, journalists, and businesses by the United States and by the People’s Republic of China, and the results of those efforts. (4) An assessment of the impact of the sanctions announced by the Government of the People’s Republic of China in December 2019 on nonprofit organizations based in the United States, including the National Endowment for Democracy, Human Rights Watch, Freedom House, the National Democratic Institute, and the International Republican Institute, even if those organizations do not operate in the mainland of the People’s Republic of China or in special administrative regions of the People’s Republic of China. (5) An assessment of the adherence of the Government of the People’s Republic of China, in its treatment of United States citizens, to due process and the norms of— (A) the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967 (21 UST 77); and (B) the Consular Convention, signed at Washington September 17, 1980, and entered into force February 19, 1982, between the United States and the People’s Republic of China. (6) A summary of the adherence of the People’s Republic of China to its international commitments to the World Trade Organization. (7) An assessment of lack of reciprocity between the United States and the People’s Republic of China with respect to market access and the impacts of the People’s Republic of China’s internet restrictions. (8) A description of activities and investments that the Government of the People’s Republic of China or entities affiliated with that Government are able to conduct in the United States and that are denied to United States entities in the People’s Republic of China. (9) Recommendations on efforts that the Government of the United States could undertake to improve reciprocity in the relationship between the United States and the People’s Republic of China, specifically regarding parity in the areas of diplomatic and market access. (c) Form of report; availability (1) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (2) Availability The unclassified portion of the report required by subsection (a) shall be posted on a publicly available internet website of the Department of State. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. 5. Reciprocity defined In this Act, the term reciprocity means the mutual exchange of privileges between governments, countries, businesses, or individuals. | https://www.govinfo.gov/content/pkg/BILLS-117s1215is/xml/BILLS-117s1215is.xml |
117-s-1216 | II Calendar No. 45 117th CONGRESS 1st Session S. 1216 IN THE SENATE OF THE UNITED STATES April 19, 2021 Mr. Grassley (for himself, Ms. Hassan , Mr. Cornyn , and Mrs. Shaheen ) introduced the following bill; which was read the first time April 20, 2021 Read the second time and placed on the calendar A BILL To extend the temporary scheduling order for fentanyl-related substances.
1. Short title This Act may be cited as the Temporary Extension of Fentanyl Scheduling Act of 2021 . 2. Extension of temporary order for fentanyl-related substances Section 2 of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act ( Public Law 116–114 ; 134 Stat. 103) is amended by striking May 6, 2021 and inserting July 6, 2022 .
April 20, 2021 Read the second time and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s1216pcs/xml/BILLS-117s1216pcs.xml |
117-s-1217 | II 117th CONGRESS 1st Session S. 1217 IN THE SENATE OF THE UNITED STATES April 19, 2021 Ms. Warren (for herself, Mr. Schatz , Mr. Whitehouse , Mr. Blumenthal , Mrs. Feinstein , Mr. Van Hollen , Mr. Markey , Ms. Klobuchar , Ms. Smith , Mrs. Gillibrand , Mr. Merkley , Mr. Bennet , Mr. Carper , Mr. Schumer , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require certain disclosures relating to climate change, and for other purposes.
1. Short title This Act may be cited as the Climate Risk Disclosure Act of 2021 . 2. Sense of Congress It is the sense of Congress that— (1) climate change poses a significant and increasing threat to the growth and stability of the economy of the United States; (2) many sectors of the economy of the United States, and many businesses in the United States, are exposed to climate-related risk, which may include exposure to— (A) the physical impacts of climate change, including the rise of the average global temperature, accelerating sea-level rise, desertification, ocean acidification, intensification of storms, increase in heavy precipitation, more frequent and intense temperature extremes, more severe droughts, and longer wildfire seasons; (B) the economic disruptions and security threats that result from the physical impacts described in subparagraph (A), including conflicts over scarce resources, conditions conducive to violent extremism, the spread of infectious diseases, and forced migration; (C) the transition impacts that result as the global economy transitions to a clean and renewable energy, low-emissions economy, including financial impacts as climate change causes fossil fuel assets to become stranded and it becomes uneconomic for companies to develop fossil fuel assets as policymakers act to limit the worst impacts of climate change by keeping the rise in average global temperature to 1.5 degrees Celsius above pre-industrial levels; and (D) actions by Federal, State, Tribal, and local governments to limit the worst effects of climate change by enacting policies that keep the global average surface temperature rise to 1.5 degrees Celsius above pre-industrial levels; (3) assessing the potential impact of climate-related risks on national and international financial systems is an urgent concern; (4) companies have a duty to disclose financial risks that climate change presents to their investors, lenders, and insurers; (5) the Securities and Exchange Commission (referred to in this Act as the Commission ) has a duty to promote a risk-informed securities market that is worthy of the trust of the public as families invest for their futures; (6) investors, lenders, and insurers are increasingly demanding climate risk information that is consistent, comparable, reliable, and clear; (7) including standardized, material climate change risk and opportunity disclosure that is useful for decision makers in annual reports to the Commission will increase transparency with respect to risk accumulation and exposure in financial markets; (8) requiring companies to disclose climate-related risk exposure and risk management strategies will encourage a smoother transition to a clean and renewable energy, low-emissions economy and guide capital allocation to mitigate, and adapt to, the effects of climate change and limit damages associated with climate-related events and disasters; and (9) a critical component in fighting climate change is a transparent accounting of the risks that climate change presents and the implications of continued inaction with respect to climate change. 3. Disclosures relating to climate change Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Disclosures relating to climate change (1) Definitions In this subsection: (A) 1.5 degree scenario The term 1.5 degree scenario means a scenario that aligns with greenhouse gas emissions pathways that aim for limiting global warming to 1.5 degrees Celsius above pre-industrial levels. (B) Appropriate climate principals The term appropriate climate principals means— (i) the Administrator of the Environmental Protection Agency; (ii) the Administrator of the National Oceanic and Atmospheric Administration; (iii) the Director of the Office of Management and Budget; (iv) the Secretary of the Interior; (v) the Secretary of Energy; and (vi) the head of any other Federal agency, as determined appropriate by the Commission. (C) Baseline scenario The term baseline scenario means a widely-recognized analysis scenario in which levels of greenhouse gas emissions, as of the date on which the analysis is performed, continue to grow, resulting in an increase in the global average temperature of 1.5 degrees Celsius or more above pre-industrial levels. (D) Carbon dioxide equivalent The term carbon dioxide equivalent means the number of metric tons of carbon dioxide emissions with the same global warming potential as 1 metric ton of another greenhouse gas, as determined under table A–1 of subpart A of part 98 of title 40, Code of Federal Regulations, as in effect on the date of enactment of this subsection. (E) Climate change The term climate change means a change of climate that is— (i) attributed directly or indirectly to human activity that alters the composition of the global atmosphere; and (ii) in addition to natural climate variability observed over comparable time periods. (F) Commercial development of fossil fuels The term commercial development of fossil fuels includes— (i) exploration, extraction, processing, exporting, transporting, refining, and any other significant action with respect to oil, natural gas, or coal, any byproduct thereof, or any other solid or liquid hydrocarbons that are commercially produced; or (ii) acquiring a license for any activity described in clause (i). (G) Covered issuer The term covered issuer means an issuer that is required to file an annual report under subsection (a) or section 15(d). (H) Direct and indirect greenhouse gas emissions The term direct and indirect greenhouse gas emissions includes, with respect to a covered issuer— (i) all direct greenhouse gas emissions released by the covered issuer; (ii) all indirect greenhouse gas emissions with respect to electricity, heat, or steam purchased by the covered issuer; (iii) significant indirect emissions, other than the emissions described in clause (ii), emitted in the value chain of the covered issuer; and (iv) all indirect greenhouse gas emissions that are attributable to assets owned or managed, including assets that are partially owned or managed, by the covered issuer. (I) Fossil fuel reserve The term fossil fuel reserve has the meaning given the term reserves under the final rule of the Commission titled Modernization of Oil and Gas Reporting (74 Fed. Reg. 2158; published January 14, 2009). (J) Greenhouse gas The term greenhouse gas — (i) means carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, sulfur hexafluoride, nitrogen triflouride, and chlorofluorocarbons; (ii) includes any other anthropogenically-emitted gas that the Administrator of the Environmental Protection Agency determines, after notice and comment, to contribute to climate change; and (iii) includes any other anthropogenically-emitted gas that the Intergovernmental Panel on Climate Change determines to contribute to climate change. (K) Greenhouse gas emissions The term greenhouse gas emissions means the emissions of greenhouse gas, expressed in terms of metric tons of carbon dioxide equivalent. (L) Physical risks The term physical risks means financial risks to long-lived fixed assets, locations, operations, or value chains that result from exposure to physical climate-related effects, including— (i) financial risks to long-lived fixed assets, locations, operations, or value chains resulting from— (I) increased average global temperatures and increased frequency of temperature extremes; (II) increased severity and frequency of extreme weather events; (III) increased flooding; (IV) sea level rise; (V) ocean acidification; (VI) increased frequency of wildfires; (VII) decreased arability of farmland; and (VIII) decreased availability of fresh water; and (ii) any other financial risks to long-lived fixed assets, locations, operations, or value chains determined appropriate by the Commission, in consultation with the appropriate climate principals. (M) Social cost of carbon The term social cost of carbon means the social cost of carbon, as described in the technical support document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866 , published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016 or any successor or substantially related estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year. (N) Transition risks The term transition risks means financial risks that are attributable to climate change mitigation and adaptation, including efforts to reduce greenhouse gas emissions and strengthen resilience to the impacts of climate change, including— (i) costs relating to— (I) international treaties and agreements; (II) Federal, State, and local policy; (III) new technologies; (IV) changing markets; (V) reputational impacts relevant to changing consumer behavior; and (VI) litigation; and (ii) assets that may lose value or become stranded due to any of the costs described in subclauses (I) through (VI) of clause (i). (O) Value chain The term value chain — (i) means the total lifecycle of a product or service, both before and after production of the product or service, as applicable; and (ii) may include the sourcing of materials, production, transportation, and disposal with respect to the product or service described in clause (i). (2) Findings Congress finds that— (A) short-, medium-, and long-term financial and economic risks and opportunities relating to climate change, and the national and global reduction of greenhouse gas emissions, constitute information that issuers— (i) may reasonably expect to affect shareholder decision making; and (ii) should regularly identify, evaluate, and disclose; and (B) the disclosure of information described in subparagraph (A) should— (i) identify, and evaluate— (I) material physical and transition risks posed by climate change; and (II) the potential financial impact of the risks described in subclause (I); (ii) detail any implications that the risks described in clause (i)(I) have on corporate strategy; (iii) detail any board-level oversight of material climate-related risks and opportunities; (iv) allow for intra- and cross-industry comparison, to the extent practicable, of climate-related risk exposure through the inclusion of standardized industry-specific and sector-specific disclosure metrics, as identified by the Commission, in consultation with the appropriate climate principals; (v) allow for tracking of performance over time with respect to mitigating climate risk exposure; and (vi) incorporate a price on greenhouse gas emissions in financial analyses that reflects, at minimum, the social cost of carbon that is attributable to issuers. (3) Disclosure Each covered issuer, in any annual report filed by the covered issuer under subsection (a) or section 15(d), shall, in accordance with any rules issued by the Commission under this subsection, include in each such report information regarding— (A) the identification of, the evaluation of potential financial impacts of, and any risk-management strategies relating to— (i) physical risks posed to the covered issuer by climate change; and (ii) transition risks posed to the covered issuer by climate change; (B) a description of any established corporate governance processes and structures to identify, assess, and manage climate-related risks; (C) a description of specific actions that the covered issuer is taking to mitigate identified risks; (D) a description of the resilience of any strategy the covered issuer has for addressing climate risks when differing climate scenarios are taken into consideration; and (E) a description of how climate risk is incorporated into the overall risk management strategy of the covered issuer. (4) Rule of construction Nothing in paragraph (3) may be construed as precluding a covered issuer from including, in an annual report submitted under subsection (a) or section 15(d), any information not explicitly referenced in such paragraph. (5) Rulemaking The Commission, in consultation with the appropriate climate principals, shall, not later than 2 years after the date of enactment of this subsection, issue rules with respect to the information that a covered issuer is required to disclose pursuant to this subsection and such rules shall— (A) establish climate-related risk disclosure rules, which shall— (i) be, to the extent practicable, specialized for industries within specific sectors of the economy, which shall include— (I) the sectors of finance, insurance, transportation, electric power, mining, and non-renewable energy; and (II) any other sector determined appropriate by the Commission, in consultation with the appropriate climate principals; (ii) include reporting standards for estimating and disclosing direct and indirect greenhouse gas emissions by a covered issuer, and any affiliates of the covered issuer, which shall— (I) disaggregate, to the extent practicable, total emissions of each specified greenhouse gas by the covered issuer; and (II) include greenhouse gas emissions by the covered issuer during the period covered by the disclosure; (iii) include reporting standards for disclosing, with respect to a covered issuer— (I) the total amount of fossil fuel-related assets owned or managed by the covered issuer; and (II) the percentage of fossil fuel-related assets as a percentage of total assets owned or managed by the covered issuer; (iv) specify requirements for, and the disclosure of, input parameters, assumptions, and analytical choices to be used in climate scenario analyses required under subparagraph (B)(ii), including— (I) present value discount rates; and (II) time frames to consider, including 5-, 10-, and 20-year time frames; and (v) include reporting standards and guidance with respect to the information required under subparagraph (B)(iii); (B) require that a covered issuer, with respect to a disclosure required under this subsection— (i) incorporate into such disclosure— (I) quantitative analysis to support any qualitative statement made by the covered issuer; (II) the rules established under subparagraph (A); (III) industry-specific metrics that comply with the requirements under subparagraph (A)(i); (IV) specific risk management actions that the covered issuer is taking to address identified risks; (V) a discussion of the short-, medium-, and long-term resilience of any risk management strategy, and the evolution of applicable risk metrics, of the covered issuer under each scenario described in clause (ii); and (VI) the total cost attributable to the direct and indirect greenhouse gas emissions of the covered issuer, using, at minimum, the social cost of carbon; (ii) consider, when preparing any qualitative or quantitative risk analysis statement contained in the disclosure— (I) a baseline scenario that includes physical risks with respect to climate change; (II) a 1.5 degree scenario; and (III) any additional climate analysis scenario considered appropriate by the Commission, in consultation with the appropriate climate principals; (iii) if the covered issuer engages in the commercial development of fossil fuels, include in the disclosure— (I) an estimate of the total and a disaggregated amount of direct and indirect greenhouse gas emissions of the covered issuer that are attributable to— (aa) combustion; (bb) flared hydrocarbons; (cc) process emissions; (dd) directly vented emissions; (ee) fugitive emissions or leaks; and (ff) land use changes; (II) a description of— (aa) the sensitivity of fossil fuel reserve levels to future price projection scenarios that incorporate the social cost of carbon; (bb) the percentage of the reserves of the covered issuer that will be developed under the scenarios established in clause (ii), as well as a forecast for the development prospects of each reserve under those scenarios; (cc) the potential amount of direct and indirect greenhouse gas emissions that are embedded in proved and probable reserves, with each such calculation presented as a total and in subdivided categories by the type of reserve; (dd) the methodology of the covered issuer for detecting and mitigating fugitive methane emissions, which shall include the frequency with which applicable assets of the covered issuer are observed for methane leaks, the processes and technology that the covered issuer uses to detect methane leaks, the percentage of assets of the covered issuer that the covered issuer inspects under that methodology, and quantitative and time-bound reduction goals of the issuer with respect to methane leaks; (ee) the amount of water that the covered issuer withdraws from freshwater sources for use and consumption in operations of the covered issuer; and (ff) the percentage of the water described in item (ee) that comes from regions of water stress or that face wastewater management challenges; and (III) any other information that the Commission determines is— (aa) necessary; (bb) appropriate to safeguard the public interest; or (cc) directed at ensuring that investors are informed in accordance with the findings described in paragraph (2); (C) require that a covered issuer include in such a disclosure any other information, or use any climate-related or greenhouse gas emissions metric, that the Commission, in consultation with the appropriate climate principals, determines is— (i) necessary; (ii) appropriate to safeguard the public interest; or (iii) directed at ensuring that investors are informed in accordance with the findings described in paragraph (2); and (D) establish how and where the required disclosures shall be addressed in the annual financial filing of the covered issuer. (6) Formatting The Commission shall require covered issuers to disclose information under this subsection in an interactive data format and shall develop standards for such format, which shall include electronic tags for information that the Commission determines is— (A) necessary; (B) appropriate to safeguard the public interest; or (C) directed at ensuring that investors are informed in accordance with the findings described in paragraph (2). (7) Periodic update of rules The Commission shall periodically update the rules issued under this subsection. (8) Compilation of information disclosed The Commission shall, to the maximum extent practicable, make a compilation of the information disclosed by covered issuers under this subsection publicly available on the website of the Commission and update such compilation at least once each year. (9) Reports (A) Report to Congress The Commission shall— (i) conduct an annual assessment regarding the compliance of covered issuers with the requirements of this subsection; (ii) submit to the appropriate congressional committees a report that contains the results of each assessment conducted under clause (i); and (iii) make each report submitted under clause (ii) accessible to the public. (B) GAO report The Comptroller General of the United States shall periodically evaluate, and report to the appropriate congressional committees on, the effectiveness of the Commission in carrying out and enforcing this subsection. . 4. Backstop If, 2 years after the date of enactment of this Act, the Commission has not issued the rules required under subsection (s) of section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ), as added by section 3 of this Act, and until the date on which the Commission issues those rules, a covered issuer (as defined in such subsection (s)) shall be deemed to be in compliance with such subsection (s) if disclosures set forth in the annual report of that covered issuer satisfy the recommendations of the Task Force on Climate-related Financial Disclosures of the Financial Stability Board, as reported in June 2017, or any successor report, and as supplemented or adjusted by such rules, guidance, or other comments from the Commission. 5. Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act and the amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1217is/xml/BILLS-117s1217is.xml |
117-s-1218 | II 117th CONGRESS 1st Session S. 1218 IN THE SENATE OF THE UNITED STATES April 19, 2021 Mr. Sanders (for himself, Ms. Warren , Mr. Markey , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To provide economic empowerment opportunities in the United States through the modernization of public housing, and for other purposes.
1. Short title This Act may be cited as the Green New Deal for Public Housing Act . 2. Purposes The purpose of this Act is— (1) to stimulate, gather, and develop the workforce capacity, tools, financing, and materials needed to rehabilitate, upgrade, modernize, and transition public housing; (2) to rehabilitate public housing that is severely distressed and causing residents to be exposed to unhealthy and unsafe environments; (3) to upgrade and equip all public housing with cutting-edge materials, infrastructure, and all-electric appliances made in the United States in order to improve energy efficiency, water quality, and material living standards in public housing and to support United States manufacturing; (4) to modernize public housing laws in order to maximize tenant participation and management by low- and very low-income individuals in the rehabilitation, upgrade, and transition of public housing through education, training, and jobs; and (5) to transition the entire public housing stock of the United States, as swiftly and seamlessly as possible, into highly energy-efficient homes that produce on-site, or procure, enough carbon-free renewable energy to meet total energy consumption annually. 3. Definitions In this Act: (1) Eligible entity The term eligible entity means— (A) a public housing agency; (B) an Indian tribe or a tribally designated housing entity that is eligible to receive assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq.); and (C) the Department of Hawaiian Home Lands, as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ). (2) Indian tribe; tribally designated housing entity The terms Indian tribe and tribally designated housing entity have the meanings given those terms in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (3) Public housing The term public housing — (A) has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ); and (B) includes— (i) any dwelling unit owned by an Indian tribe that is or was a dwelling unit in public housing; (ii) any low-income housing dwelling unit described in section 302(b)(1) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4152(b)(1) ); (iii) any dwelling unit assisted under section 802 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4222 ); and (iv) any dwelling unit that— (I) was a low-income housing dwelling unit described in section 302(b)(1) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4152(b)(1) ); and (II) is rented only to households with an income that is not more than 80 percent of the area median income. (4) Public housing agency The term public housing agency has the meaning given the term in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ). (5) Public housing resident-owned business The term public housing resident-owned business means a business concern that— (A) provides economic opportunities, as defined in section 3(e) of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u(e) ); and (B) is owned by public housing residents. (6) Renewable energy The term renewable energy means— (A) utility-, community-, and small-scale photovoltaic and thermal solar energy; (B) utility- and small-scale wind energy; (C) geothermal energy; (D) microturbine hydroelectricity; (E) energy efficiency; (F) building electrification; (G) energy storage; (H) microgrids; and (I) modern distribution grid infrastructure. (7) Secretary The term Secretary means the Secretary of Housing and Urban Development. (8) Zero-carbon home The term zero-carbon home means a highly energy-efficient home that produces on-site, or procures, enough carbon-free renewable energy to meet the total annual energy consumption of the home. 4. Congressional findings and sense of Congress for improved architectural design in government housing programs Section 4 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701v ) is amended to read as follows: 4. Improved architectural design in government housing programs (a) Findings Congress finds that— (1) if Federal aid is to make its full community-wide contribution toward improving our urban and rural environments, Federal aid must have a greater impact on improvements in architectural design; and (2) even within the necessary budget limitations on housing for low- and moderate-income families, architectural design and environmental performance can be improved not only to make the housing more livable, but also to better suit the needs of occupants including human and environmental health, zero carbon emissions, well-being, accessibility, and equity. (b) Sense of Congress It is the sense of Congress that in the administration of housing programs that assist in the provision of housing for low- and moderate-income families, emphasis should be given to— (1) encouraging good architectural design that yields maximal environmental performance and adheres to accessibility guidelines established in accordance with the Americans With Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) as an essential component of such housing; and (2) developing, with opportunities for resident involvement, housing that will be of such quality as to reflect the highest international architectural standards and the architectural standards of the neighborhood and the community in which it is situated, consistent with prudent budgeting. . 5. Declaration of policy Section 2(a) of the United States Housing Act of 1937 ( 42 U.S.C. 1437(a) ) is amended to read as follows: (a) Declaration of policy It is the policy of the United States— (1) to modernize the intersections of Federal and local government by employing the funds and credit of the United States, as provided in this Act— (A) to guarantee the right to housing for every individual; (B) to assist States and political subdivisions of States in ensuring that— (i) all housing in the United States is habitable, highly energy-efficient, and safe; and (ii) housing conditions lead to good health, security, and adequate protection from the economic fears relating to old age, disability, sickness, accident, and unemployment; and (C) to protect, maintain, preserve, and expand public housing as a sustainable safety net for all people; (2) that it is the responsibility of the Federal Government, in conjunction with public housing agencies, to incentivize, promote, and protect the independent, collaborative, and collective actions of public housing residents and other private citizens to develop housing in a manner that strengthens entire neighborhoods; and (3) that the Federal Government should act and build new public housing where there is a serious need that the free market cannot address or is not addressing responsibly. . 6. Green new deal public housing grants (a) Establishment of grant programs (1) Grants for public housing community workforce development (A) In general The Secretary, in consultation with the Secretary of Labor, shall establish a grant program that provides amounts to eligible entities to facilitate workforce development projects and high-income employment transition at public housing. (B) Preference In awarding grants under this paragraph, the Secretary shall give preference to applications submitted by— (i) eligible entities described in subparagraph (B) or (C) of section 3(2); (ii) eligible entities that have formed partnerships with an existing registered apprenticeship, pre-apprenticeship, internship, labor-management partnership, or other partnerships with labor organizations; (iii) eligible entities that demonstrate a capacity to facilitate a workforce development program that leads to— (I) the development of career and related skills, including financial and economic empowerment education; (II) direct entry to registered apprenticeship programs; (III) certification or associate degree acquisition; (IV) technical assistance and resources for public housing resident-owned businesses for purposes of compliance with the requirements under section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ), including— (aa) legal or compliance services on behalf of public housing resident-owned businesses for purposes of helping them access and apply for government procurement and contracting opportunities; (bb) education on starting and sustaining a business; (cc) accessing insurance and bonds; and (dd) demonstrating capacity and sustainable operations; (V) training and development of skills necessary for career development in the fields, trades, and services reasonably determined during the first public comment period held in accordance with subsection (b)(3) to be of interest to public housing residents; (VI) educational and organizational tools for public housing residents in order to advance the models of worker cooperatives and collective bargaining; (VII) education, engagement, and empowerment resources to help both residents of public housing and local low- and very low-income individuals avail themselves of opportunities made available under the workforce development program, including education, engagement, and empowerment resources provided in partnership with— (aa) a local entity that operates a Family Self-Sufficiency program under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ); and (bb) community-based organizations that demonstrate a commitment to and history of organizing with public housing residents; (VIII) innovative design partnerships with local schools and architectural firms; (IX) training and employment opportunities reserved specifically for local low- and very low-income people that were formerly incarcerated; and (X) stipends valued at not less than $250 per week to individuals participating in the workforce development program; and (iv) eligible entities in the construction or maintenance sector seeking to carry out a project to develop pre-apprenticeships that prepare individuals for acceptance into registered programs in that sector. (C) Compliance managers Not more than 10 percent of the amount of a grant received by an eligible entity under this paragraph may be used by an eligible entity to hire or otherwise retain reporting and compliance managers with sufficient expertise to ensure that the eligible entity can comply with the requirements of section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ). (D) Additional eligible entities In addition to the eligible entities under this legislation, the following shall be eligible for grants under this section— (i) Institutes of Higher Education; (ii) a labor organization; (iii) a nonprofit organization. (2) Green New Deal for public housing grants (A) Establishment The Secretary shall establish a grant program that provides amounts to eligible entities for the eligible activities described in subparagraph (B). (B) Eligible activities The eligible activities described in this subparagraph are— (i) conducting physical needs assessments and subsequent deep energy retrofits in public housing, including— (I) retrofits for— (aa) energy-efficient windows; (bb) super insulation of roofs and exterior walls, including the addition of new cladding to buildings and the rerouting of plumbing and electricity; (cc) electrification of water heating and building heating systems using electric heat pumps; and (dd) electric heat pumps to provide air conditioning, where feasible; (II) strategies to increase airtightness of building envelope, including air sealant paints; and (III) acquisition and installation of heat-recovery ventilation systems; (ii) upgrading, replacing, and improving public housing to energy efficiency, building electrification, including— (I) conducting physical needs assessments of public housing dwelling units; (II) in-unit energy efficiency product upgrades, including upgrading to— (aa) modern, energy-efficient insulation; (bb) all-electric state-of-the-art efficient appliances; (cc) energy-efficient bathroom plumbing, including low-flow toilets; (dd) energy-efficient laundry machines; (ee) energy-efficient air filters; (ff) energy monitoring devices including smart meters and smart thermostats; (gg) energy-efficient lightbulbs; (hh) highly insulated windows; (ii) reflective roofing; and (jj) smart Supervisory Control and Data Acquisition systems and building-to-grid integration; (III) upgrading infrastructure related to building electrification, including upgrading— (aa) electric heating, ventilation, and air conditioning systems, including cold-climate heat pumps; (bb) electrical panels; and (cc) electric appliances to replace appliances reliant on fossil fuels, such as gas stoves and hot water heaters; and (IV) water quality upgrades, including replacing water pipes in public housing if a quality test of drinking water concentrations in public housing exceeds— (aa) 3.1 parts per billion of lead; (bb) 20 parts per trillion combined of the 5 perfluoroalkyl and polyfluoroalkyl substances, which are— (AA) perfluorooctanoic acid; (BB) perfluorooctane sulfonate; (CC) perfluorohexane sulfonic acid; (DD) perfluoroheptanoic acid; and (EE) perfluorononanoic acid; (cc) 0.010 mg/L of arsenic; (dd) 1.3 mg/L of copper; (ee) drinking water standards of the Environmental Protection Agency for organic and inorganic contaminants, radionuclides, and microbiological contaminants; and (ff) any other Environmental Protection Agency standard adopted under the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); (iii) building and expanding community energy generation in public housing, including the construction of and ongoing costs associated with— (I) renewable energy rooftops; (II) renewable energy generation; (III) photovolatic glass windows; (IV) the bulk purchase of clean energy grid supply from energy utilities; and (V) community-scale energy storage systems; (iv) establishing or expanding recycling and zero-waste programs in public housing, including the recycling of appliances and machines that were replaced through activities described in clause (iii); (v) community resilience and sustainability projects in public housing, including— (I) the purchase and installation of energy storage, including batteries, flywheels, compressed air, and pumped hydroelectric or thermal energy storage, in order to ensure energy backup of not less than 48 hours in the event of an emergency or disaster; (II) the construction of childcare centers and ongoing costs associated with childcare centers; (III) the construction of senior centers and ongoing costs associated with senior centers; (IV) the construction of community gardens and ongoing costs associated with community gardens; (V) the maintenance of entire public housing developments; (VI) the installation of publicly owned high speed internet in order to provide universal internet access for all residents with an upload speed of not less than 100Mbps and a download speed of not less than 100Mbps, and the ongoing costs associated with providing that internet infrastructure and access; (VII) the establishment or improvement, and painting, of community centers and other shared community spaces, the personnel of which shall earn the higher of— (aa) the local prevailing wage; or (bb) a wage of $15 per hour; (VIII) the establishment or improvement of dedicated infrastructure for transportation by bicycle, including lanes, parking spots, and the bulk purchase of enough bicycles to offer 1 bicycle to every low- and very low-income public housing resident; (IX) the deployment of electric vehicle charging infrastructure for public housing residents and visitors; (X) the establishment and leasing of commercial activity that offers public housing residents on-site access to goods and services, including good-quality healthcare clinics, dental clinics, bookstores, learning and tutoring centers, and affordable organic groceries; and (XI) repairs and upgrades to public housing to ensure compliance with the physical condition standards under section 5.703 of title 24, Code of Federal Regulations, or any successor regulation; and (vi) construction and ongoing costs associated with climate adaptation and emergency disaster response for public housing, including— (I) integrated solutions that combine better walls, heating, cooling, ventilation, solar, and storage into a single easy-to-install and affordable retrofit for public housing; (II) additional solar and storage on site, or through a local community microgrid, in order to allow residents to access essential energy during power outages; (III) insulating and eliminating air leakage in order to ensure that individual dwelling units can retain a safe temperature during a power outage until power is restored or emergency assistance arrives; and (IV) installing rigid foam wall insulation in hurricane and earthquake-prone areas in order to create shear walls to resist structural damage from walls tilting or falling during high winds and earthquakes. (b) Grant application (1) Required contents As a condition of receiving a grant under subsection (a), each eligible entity shall include in the grant application submitted to the Secretary— (A) a signed acknowledgment indicating a commitment to transition all public housing owned or managed by the eligible entity into zero-carbon homes not later than 10 years after the date on which the eligible entity receives the grant; (B) a full accounting of the amount of funds required to complete the activities under the grant, which shall— (i) be complete and reasonably calculated to accomplish the purposes of this Act; (ii) include costs related to complying with local wage and labor laws; (iii) include the amount of funds expended by the eligible entity to comply with the resident and community engagement requirements under paragraph (3); and (iv) be updated and submitted to Congress on a quarterly basis; and (C) a community impact assessment and analysis of— (i) the likely direct and indirect impact the grant funds, if awarded, will have on the economic empowerment and social mobility of traditionally disadvantaged individuals and communities; and (ii) whether the proposed actions to be taken under the grant would be affirmatively furthering fair housing, as defined in section 5.152 of title 24, Code of Federal Regulations, or any successor regulation. (2) Resident and community engagement before submitting application Before submitting an application for a grant under this subsection, an eligible entity shall— (A) solicit and consider community and public feedback, to the maximum extent possible, by providing for opportunities to comment via a cloud-based content collaboration provider that is certified by the Federal Risk and Authorization Management Program, through— (i) an initial public comment period, for which the eligible entity shall— (I) publish— (aa) a description of each of the grant programs established under subsection (a); and (bb) a form to be used to submit comments; and (II) give interested persons 90 days to— (aa) submit draft text directly into the application; (bb) submit written data and accounting estimates; and (cc) submit general comments; (ii) a second public comment period beginning not later than 30 days after the end of the initial public comment period under clause (i), for which the eligible entity shall— (I) publish a draft version of the completed common application form described in subsection (a) that contains, at a minimum— (aa) a short analysis and evaluation of the relevant significant proposals set forth during the initial public comment period; and (bb) a clear and concise statement of the basis, purpose, and goals of the application; and (II) give interested persons 30 days to submit feedback on and recommended improvements to the draft final grant application; (B) host not less than 2 public hearings, which shall be recorded and held at a convenient location for public housing residents, for each public comment period described in subparagraph (A), to provide public housing residents with an opportunity to comment, with not less than 1 occurring in the afternoon and not less than 1 occurring in the evening; and (C) solicit input and acquire signed approval of the completed common application form from the resident council or resident councils, if existing and active, of the public housing that will receive assistance under the grant. (3) Priority for workforce development grants The Secretary shall prioritize the review and funding of applications submitted for grants under subsection (a)(1) over applications submitted for any other grant described in subsection (a). (4) Priority among applications for community energy generation In reviewing applications for grants to carry out activities described in subsection (a)(2)(B)(iii), the Secretary shall give preference to applications submitted by eligible entities that— (A) demonstrate an ability to generate the greatest amount of renewable energy that can be consumed by public housing projects and transferred to the local energy grid; and (B) demonstrate a commitment to provide job training and contracting opportunities to public housing residents and public housing resident-owned businesses. (5) Exceptions for indigenous groups and tribes (A) In general Any eligible entity described in section 3(2) that submits an application for a grant program described in this subsection— (i) is exempt from compliance with subclauses (I), (II), and (III) of paragraph (2)(A)(i) and paragraph (2)(A)(ii)(I); and (ii) is empowered to self-determine guidelines and standards pertaining to ensuring community and resident engagement. (B) Submission by tribally designated housing entities An application for a grant under subsection (a) for an Indian tribe may be prepared and submitted on behalf of the Indian tribe by the tribally designated housing entity for the Indian tribe, if the application contains a certification by the recognized tribal government of the grant beneficiary that the Indian tribe— (i) has had an opportunity to review the application and has authorized the submission of the application by the tribally designated housing entity; or (ii) has delegated to the tribally designated housing entity the authority to submit an application on behalf of the Indian tribe without prior review by the Indian tribe. (6) Benchmarking energy and water consumption An eligible entity desiring a grant to carry out activities described in subsection (a)(2)(B)(ii) shall include in the grant application a commitment to benchmarking energy and water consumption using ENERGY STAR Portfolio Manager, or another system approved by the Department of Housing and Urban Development, for a period of not less than 5 years beginning on the date on which the eligible entity receives the grant. (c) Selection of grant recipients (1) In general If an eligible entity submits to the Secretary an application for a grant under subsection (a) that complies with the requirements under subsection (b), the Secretary shall award the funds to the eligible entity that are required to complete the grant, as specified in the accounting submitted under subsection (b)(2)(C). (2) Reapplication If the Secretary determines that an application submitted by an eligible entity under this section does not comply with the requirements under subsection (b)— (A) the Secretary shall provide to the eligible entity a summary of the requirements that the eligible entity has failed to meet; and (B) the eligible entity may reapply for the grant. (3) Expedited review The Secretary shall expedite the review of applications submitted by eligible entities that own or manage public housing in a congressional district— (A) with an aggregate total of not less than 5,000 public housing residents; (B) in which— (i) not less than 40 percent of the residents are not less than 62 years old; (ii) not less than 25 percent of the residents are disabled; or (iii) not less than 5 percent of all heads of household are not more than 24 years old; or (C) with an average household income of less than $40,000. (d) Use of grant amounts for capacity building An eligible entity may use not more than 5 percent of grant funds received under this section for activities to expand the capacity of the eligible entity to carry out the grant activities, including— (1) hiring staff; (2) training residents for staff positions; (3) providing technical assistance; (4) community engagement; and (5) other necessary administrative activities. (e) Resident protection Each eligible entity that is the recipient of a grant under subsection (a) shall— (1) comply with the requirements under part 24 of title 49, Code of Federal Regulations, and provide relocation assistance for any and all residents of public housing managed by the eligible entity who may be displaced during construction, and ensure that all temporarily displaced residents can return to their homes once retrofitting is completed; (2) provide enhanced tenant protection vouchers under section 8(t) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(t) ) to all displaced residents during the period in which dwelling units are under construction; (3) ensure that activities undertaken as part of the grant do not result in a reduction of total public housing dwelling units; and (4) to the greatest extent practicable, complete construction of replacement dwellings prior to demolishing existing public housing units. (f) Profits related to community energy generation (1) In general With respect to any energy produced by an eligible entity carrying out activities described in subsection (a)(2)(B)(iii), the eligible entity may retain 90 percent of any profits earned from selling the energy. (2) Vote An eligible entity described paragraph (1) with not less than 50 public housing dwelling units shall provide residents of the public housing the opportunity to vote on how the profits earned under paragraph (1) shall be used. (3) Other revenue Any profits not retained under this subsection shall be transferred to the Department of the Treasury for deposit in the General Fund. (g) Labor and Buy American provisions (1) In general In carrying out grant activities under this section, each contractor or subcontractor for a project funded under this section shall carry out the following: (A) Ensure that the materials used by the contractor or subcontractor are substantially manufactured, mined, and produced in the United States in accordance with chapter 83 of title 41, United States Code (commonly known as the Buy American Act ). (B) Ensure that all laborers and mechanics employed by the contractor or subcontractor in the performance of construction, alteration, or repair work financed in whole or in part with assistance under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act ). With respect to the labor standards in this subparagraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (C) With respect to a project that costs not less than $25,000,000, consent to a project labor agreement. (D) Require each project labor agreement to be in compliance with the hiring and contracting requirements described in subsections (c) and (d) of section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ). (E) Not hire employees through a temporary staffing agency unless the relevant State workforce agency certifies that temporary employees are necessary to address an acute, short-term labor demand. (F) Have an explicit neutrality policy on any issue involving the organization of employees of the contractor or subcontractor, and all contractors and subcontractors, for purposes of collective bargaining. (G) For each project employing union workers to rehabilitate, upgrade, innovate and transition public housing developments, demonstrate an ability to use and to commit to use individuals enrolled in a registered apprenticeship program who shall, to the greatest extent practicable, constitute not less than 20 percent of the individuals working on the project. (H) To the greatest extent practicable, provide preferential treatment in hiring laborers and mechanics that are— (i) public housing residents; (ii) hired from within 50 miles of their official residence; (iii) veterans or active or retired military; (iv) highly skilled union workers; or (v) returning citizens who were formerly incarcerated individuals. (I) Not require mandatory arbitration for any dispute involving a worker engaged in a service for the contractor or subcontractor. (J) Consider an individual performing any service under the grant as an employee, and not an independent contractor, of the contractor or subcontractor, respectively, unless— (i) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (ii) the service is performed outside the usual course of the business of the contractor or subcontractor, respectively; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. (2) Action to enforce independent contractor requirement A third party, including a State or local government, may bring an action in any court of competent jurisdiction to enforce the requirement under paragraph (1)(J). (h) Consultation with agencies The Secretary shall— (1) consult with the Secretary of Energy— (A) in developing criteria and assessing applications for grants under subsection (a); and (B) to identify and verify state-of-the-art building materials and appliances, made in the United States, that can be procured at scale for purposes of this Act; (2) consult with the Secretary of the Treasury to track alternative energy revenues that are returned to the Department of the Treasury under subsection (f)(4); (3) consult with the Administrator of the Environmental Protection Agency— (A) in developing criteria and assessing applications for grants under of subsection (a)(2); and (B) regarding testing air quality and water quality for purposes of grant activities described in subsection (a)(2)(B)(ii); (4) consult with the Secretary of Education in developing criteria and assessing applications for grants under subsection (a)(1); (5) consult with the Secretary of Labor in developing criteria and assessing applications for grants under subsection (a)(1); (6) consult with the Administrator of the Small Business Administration in developing criteria and assessing applications for grants under subsection (a); (7) consult with the Secretary of Health and Human Services— (A) in developing criteria and assessing applications for grants under subsection (a)(2); and (B) regarding health trends related to all illnesses that disproportionately impact low-income people; (8) consult with the Administrator of the Federal Emergency Management Agency in developing criteria and assessing applications for grants under subsection (a)(2); (9) consult with the Secretary of the Interior to develop criteria and assess applications for grants under subsection (a)(2); and (10) consult with any entity described in paragraphs (1) through (9) for any other purpose as determined necessary by the Secretary to carry out this section and the purposes of this Act. (i) Reports The Secretary shall submit to Congress biannual reports on the impact that the grant programs established under subsection (a) have had on— (1) the rehabilitation, upgrades, innovation, and transition of public housing in the United States; (2) total greenhouse gas emission output, and quarterly data on greenhouse gas emission reductions from individual public housing developments, specifically as they relate to— (A) home energy carbon pollution emissions in each public housing development, as calculated using the Carbon Footprint Calculator from the Environmental Protection Agency; (B) waste-related carbon emissions in each public housing development, as calculated using the Carbon Footprint Calculator from the Environmental Protection Agency; and (C) total greenhouse gas emissions released by individual public housing buildings and homes within a public housing development, as calculated using the Greenhouse Gas Equivalencies Calculator from the Environmental Protection Agency; (3) the amount of Federal money saved due to energy cost savings at public housing projects, on a quarterly basis; (4) the amount of energy savings per KwH at each public housing project, on a quarterly basis; (5) public housing residents, including— (A) access to economic opportunities through compliance with the hiring and contracting requirements described in subsections (c) and (d) of section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ); (B) the impacts, if any, those residents have experienced to their individual economic growth as measured by individual and household income; (C) the specific career skills acquired; (D) the impacts, if any, those residents have experienced to their overall health; and (E) the specific educational or technical certifications acquired; and (6) changes to the overall community health indicators in public housing developments and their surrounding neighborhoods, including asthma rates, air quality, water quality, and levels of lead and mold. (j) Eligibility for the Capital and Operating funds The receipt of a grant under this section shall not affect the eligibility of a public housing agency or a public housing dwelling unit to receive assistance under subsection (d) or (e) of section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437g ). (k) Funding Out of funds in the Treasury not otherwise appropriated, there are appropriated to carry out this section— (1) such sums as may be necessary for each of fiscal years 2022 through 2032; and (2) $1,000,000,000, to remain available until expended, for administrative costs relating to carrying out this section. 7. The section 3 program for economic opportunities Section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ) is amended— (1) in subsection (c)(1)— (A) in subparagraph (A), by striking , operating assistance provided pursuant to section 9 of that Act, and modernization grants provided pursuant to section 14 of that Act and inserting ( 42 U.S.C. 1437c ), assistance from the Operating Fund under section 9(e) of that Act ( 42 U.S.C. 1437g(e) ), assistance from the Capital Fund under section 9(d) of that Act ( 42 U.S.C. 1437g(d) ), and assistance provided under a grant awarded under section 6 of the Green New Deal for Public Housing Act ; and (B) by adding at the end the following: (C) Hiring requirement The Secretary shall require that, of the employment positions generated by development assistance provided pursuant to section 6 of the United States Housing Act of 1937 ( 42 U.S.C. 1437c ), assistance from the Operating Fund under section 9(e) of that Act ( 42 U.S.C. 1437g(e) ), assistance from the Capital Fund under section 9(d) of that Act ( 42 U.S.C. 1437g(d) ), and assistance provided under a grant awarded under section 6 of the Green New Deal for Public Housing Act , public and Indian housing agencies, and their contractors and subcontractors, shall fill, to the greatest extent possible— (i) not less than 40 percent of those positions generated during the 1-year period beginning 1 year after the initial receipt of grant funds awarded, with low- and very low-income persons; (ii) not less than 50 percent of those positions generated during the 1-year period beginning 2 years after the initial receipt of grant funds awarded, with low- and very low-income persons; and (iii) not less than 90 percent of those positions generated after the expiration of the period described in clause (ii) with low- and very low-income persons. ; (2) in subsection (d)(1)— (A) in subparagraph (A), by striking , operating assistance provided pursuant to section 9 of that Act, and modernization grants provided pursuant to section 14 of that Act and inserting ( 42 U.S.C. 1437c ), assistance from the Operating Fund under section 9(e) of that Act ( 42 U.S.C. 1437g(e) ), assistance from the Capital Fund under section 9(d) of that Act ( 42 U.S.C. 1437g(d) ), and assistance provided under a grant awarded under section 6 of the Green New Deal for Public Housing Act ; and (B) by adding at the end the following: (C) Contracting requirement The Secretary shall require that, of the aggregate dollar amount of contracts awarded for work to be performed in connection with assistance from the Operating Fund under section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) ), assistance from the Capital Fund under section 9(d) of that Act ( 42 U.S.C. 1437g(d) ), and assistance provided under a grant awarded under section 6 of the Green New Deal for Public Housing Act , public and Indian housing agencies, and their contractors and subcontractors, shall, to the greatest extent possible, certify that— (i) not less than 20 percent of the aggregate dollar amount of such contracts awarded during the 1-year period beginning 1 year after the initial receipt of grant funds awarded shall be awarded to public housing resident-owned businesses; (ii) not less than 30 percent of the aggregate dollar amount of such contracts awarded during the 1-year period beginning 2 years after the initial receipt of grant funds awarded shall be awarded to public housing resident-owned businesses; and (iii) not less than 50 percent of the aggregate dollar amount of such contracts awarded after the expiration of the period described in clause (ii) shall be awarded to public housing resident-owned businesses. ; (3) in subsection (e), by adding at the end the following: (3) Public housing resident-owned business The term public housing resident-owned business has the meaning given the term in section 3 of the Green New Deal for Public Housing Act . ; (4) by redesignating subsection (g) as subsection (i); and (5) by inserting after subsection (f) the following: (g) Measuring economic impact (1) Monitoring, measuring, and reporting requirements Before the start of the second fiscal year beginning after the date of enactment of the Green New Deal for Public Housing Act , and quarterly thereafter, the Secretary shall require each public housing agency to monitor, measure, and report to the Secretary on the economic impacts of this section on the community in which housing developments of the public housing agency are located, including— (A) the aggregate dollar amount of contracts awarded in compliance with this section; (B) the aggregate dollar amount of wages and salaries paid for positions employed by low- and very low-income persons in accordance with this section; (C) the aggregate dollar amount expended for training opportunities provided to low- and very low-income persons in accordance with this section; and (D) the aggregate dollar amount expended for training and assisting public housing resident-owned businesses for compliance with this section. (2) Termination of spears system The Secretary shall terminate the Section 3 Performance Evaluation and Registration System of the Department of Housing and Urban Development and shall issue such notice and guidelines as may be necessary to replace such system with the system for monitoring, measuring, and reporting under this subsection. (h) Workforce roster (1) Requirement The Secretary shall require each public housing agency to establish and maintain a roster of the residents and public housing resident-owned businesses of the public housing agency in order to identify and spotlight talented local laborers and facilitate compliance with this section. (2) Information The roster maintained by a public housing agency under paragraph (1) shall include information that is updated not less frequently than every 30 days, including— (A) information for each public housing resident choosing to have their information recorded that lists their occupational skills, career goals, and any workforce development programs they participate in; and (B) information for each public housing resident-owned business that lists the field of business they are in and the hiring opportunities they currently have available. (3) Availability In order to facilitate compliance with this subsection, the Secretary shall— (A) require each public housing agency to submit to the Secretary the information maintained by the public housing agency in the roster under this subsection; and (B) collect and make the data described in subparagraph (A) available on the website of the Department of Housing and Urban Development, upon request, to contractors, subcontractors, resident councils, resident management organizations, and YouthBuild programs. . 8. Family self-sufficiency program Section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u ), as amended by section 306 of the Economic Growth, Regulatory Relief, and Consumer Protection Act (Pub. L. 115–174; 132 Stat. 1339), is amended— (1) in subsection (c)(2), by adding at the end the following: (C) An Indian tribe or tribally designated housing entity, as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). ; (2) in subsection (d)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (M); and (C) by inserting after subparagraph (J) the following: (K) digital literacy; (L) provision of a home health aide for elderly and disabled members of participating families; and ; (3) in subsection (g)(2), by inserting after the first sentence the following: The program coordinating committee shall include representatives of any resident council and any jurisdiction-wide resident council of the eligible entity. ; (4) in subsection (h)(3)— (A) in subparagraph (H), by striking and at the end; (B) by redesignating subparagraph (I) as subparagraph (J); and (C) by inserting after subparagraph (H) the following: (I) a description of how the local program will ensure that opportunities provided through the local program will maximize success in synchronizing the program with, and complying with, the requirements regarding employment and contracting under section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701(u) ). ; and (5) in subsection (i)(2)— (A) in subparagraph (A), by inserting , but not more than 35 participants, before is eligible ; (B) in subparagraph (B)— (i) by striking 75 and inserting 36 ; and (ii) by striking 50 and inserting 35 ; (C) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (F), (G), and (H), respectively; and (D) by inserting after subparagraph (B) the following: (C) Additional award for public housing green new deal applicants An eligible entity that is approved for a grant under section 6 of the Green New Deal for Public Housing Act shall be eligible to receive an additional award under this subparagraph to cover costs of filling an additional family self-sufficiency coordinator position, or additional such positions, responsible for— (i) coordinating participation in a local program under this section for participants seeking employment opportunities made available by the grant; and (ii) compliance by the eligible entity with section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ). (D) Additional award for synchronization with section 3 requirements An eligible entity that meets such criteria as the Secretary shall establish regarding successful synchronization and compliance of a local program under this section with the requirements regarding employment and contracting under section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C. 1701u ) shall be eligible to receive an additional award under this subparagraph to cover costs relating to a family self-sufficiency coordinator position responsible for such synchronization and compliance. (E) Awards to assist eligible entities to establish family self-sufficiency programs An eligible entity that is not administering a local program under this section and that meets such standards as the Secretary shall establish shall be eligible to receive an award under this subparagraph to cover costs relating to a family self-sufficiency coordinator position responsible for assisting in preparing and submitting an application to establish such a local program. . 9. Resident councils Section 2 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 ) is amended by adding at the end the following: (c) Resident councils (1) In general Each public housing project with not less than 50 dwelling units shall form a resident council to— (A) improve residents’ quality of life and resident satisfaction; and (B) establish self-help initiatives to enable residents to create a positive living environment for families living in public housing. (2) Participation Each resident council formed under this subsection may actively participate through working partnerships with a public housing agency to advise and assist in all aspects of public housing operations. (3) Requirements (A) In general A resident council shall consist of individuals residing in public housing and shall meet the requirements described in this paragraph in order to— (i) receive official recognition from the public housing agency and the Secretary; (ii) be eligible to receive funds for resident council activities; and (iii) be eligible to receive stipends for officers for their related costs in connection with volunteer work in public housing. (B) Residents represented A resident council may represent residents residing in— (i) scattered site buildings; (ii) areas of contiguous row houses; (iii) 1 or more contiguous buildings; (iv) a development; or (v) any combination of clauses (i) through (iv). (C) Elections (i) Written procedures A resident council shall adopt written procedures, such as by-laws or a constitution, which shall— (I) provide for a democratically elected governing board that— (aa) consists of not less than 5 members; and (bb) is elected— (AA) by the voting membership of the residents of the public housing; and (BB) in elections that occur on a regular basis not less frequently than every 2 years; and (II) provide for the recall of the resident council by the voting membership through a petition or other expression of the desire of the voting membership for a recall election and set the threshold percentage of voting membership who are required to be in agreement in order to hold a recall election, which percentage shall be not less than 10 percent of the voting membership. (ii) Voting membership The voting membership of a resident council shall consist of heads of households of the public housing dwelling units of any age and other residents not less than 16 years of age. (4) Stipends Public housing agencies may provide stipends to resident council officers who serve as volunteers in their public housing developments, which shall— (A) not exceed $1,000 per month per officer; and (B) be decided locally by the resident council and the public housing agency. (5) Applicability of 2-year election cycle The requirement under paragraph (3)(C)(i)(I)(bb)(BB) shall apply on and after January 1, 2022. . 10. Repeal of Faircloth amendment Section 9(g) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(g) ) is amended by striking paragraph (3). | https://www.govinfo.gov/content/pkg/BILLS-117s1218is/xml/BILLS-117s1218is.xml |
117-s-1219 | II 117th CONGRESS 1st Session S. 1219 IN THE SENATE OF THE UNITED STATES April 19, 2021 Ms. Warren (for herself, Mrs. Feinstein , Mr. Leahy , Mr. Merkley , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish the policy of the United States regarding the no-first-use of nuclear weapons.
1. Policy on no-first-use of nuclear weapons It is the policy of the United States to not use nuclear weapons first. | https://www.govinfo.gov/content/pkg/BILLS-117s1219is/xml/BILLS-117s1219is.xml |
117-s-1220 | II 117th CONGRESS 1st Session S. 1220 IN THE SENATE OF THE UNITED STATES April 19, 2021 Ms. Warren (for herself, Ms. Collins , Mr. King , Mr. Daines , Mr. Menendez , Mr. Tester , Mr. Hoeven , Ms. Klobuchar , Mr. Blumenthal , Mr. Brown , Mr. Merkley , Mr. Markey , Ms. Stabenow , Mr. Wyden , Mr. Cramer , Ms. Baldwin , Mrs. Murray , Mr. Casey , Mr. Cassidy , Mr. Boozman , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to recognize and honor the service of individuals who served in the United States Cadet Nurse Corps during World War II, and for other purposes.
1. Short title This Act may be cited as the United States Cadet Nurse Corps Service Recognition Act of 2021 . 2. Recognition and honoring of service of individuals who served in United States Cadet Nurse Corps during World War II Section 106 of title 38, United States Code, is amended by adding at the end the following new subsection: (g) (1) (A) Service as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, of any individual who was honorably discharged therefrom pursuant to subparagraph (B) shall be considered active duty for purposes of eligibility and entitlement to benefits under chapters 23 and 24 of this title (including with respect to headstones and markers), other than such benefits relating to the interment of the individual in Arlington National Cemetery provided solely by reason of such service. (B) (i) Not later than one year after the date of the enactment of this subsection, the Secretary of Defense shall issue to each individual who served as a member of the United States Cadet Nurse Corps during the period beginning on July 1, 1943, and ending on December 31, 1948, a discharge from such service under honorable conditions if the Secretary determines that the nature and duration of the service of the individual so warrants. (ii) A discharge under clause (i) shall designate the date of discharge. The date of discharge shall be the date, as determined by the Secretary, of the termination of service of the individual concerned as described in that clause. (2) An individual who receives a discharge under paragraph (1)(B) for service as a member of the United States Cadet Nurse Corps shall be honored as a veteran but shall not be entitled by reason of such service to any benefit under a law administered by the Secretary of Veterans Affairs, except as provided in paragraph (1)(A). (3) The Secretary of Defense may design and produce a service medal or other commendation, or memorial plaque or grave marker, to honor individuals who receive a discharge under paragraph (1)(B). . | https://www.govinfo.gov/content/pkg/BILLS-117s1220is/xml/BILLS-117s1220is.xml |
117-s-1221 | II 117th CONGRESS 1st Session S. 1221 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Daines (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Office of Personnel Management to create a classification that more accurately reflects the vital role of wildland firefighters.
1. Short title This Act may be cited as the Wildland Firefighter Recognition Act . 2. Definitions In this Act— (1) the term Director means the Director of the Office of Personnel Management; (2) the term employee has the meaning given the term in section 2105 of title 5, United States Code; (3) the term Federal land management agency means— (A) within the Department of the Interior— (i) the Bureau of Land Management; (ii) the Bureau of Indian Affairs; (iii) the National Park Service; and (iv) the United States Fish and Wildlife Service; and (B) within the Department of Agriculture, the Forest Service; (4) the term wildland fire — (A) means any non-structure fire that occurs in vegetation or natural fuels; and (B) includes prescribed fire and wildfire; and (5) the term wildland firefighter means— (A) an employee of a Federal land management agency, the duties of whose position are primarily to perform work directly related to the prevention, control, suppression, or management of wildland fires, including an employee of a Federal land management agency who is assigned to support wildland fire activities; and (B) an employee of a Federal land management agency who is transferred to a supervisory or administrative position from a position described in subparagraph (A). 3. Classification of wildland firefighters (a) Requirements (1) In general Not later than 30 days after the date of enactment of this Act, the Director, in cooperation with the Federal land management agencies, shall commence development of a distinct wildland firefighter occupational series that more accurately reflects the variety of duties performed by wildland firefighters. (2) Designation The official title assigned to any occupational series established under paragraph (1) shall include the designation of Wildland Firefighter . (3) Positions described Paragraph (1) shall apply with respect to any class or other category of positions that consists primarily or exclusively of forestry technician positions, range technician positions, or any other positions the duties and responsibilities of which include— (A) significant prevention, preparedness, control, suppression, or management activities for wildland fires; or (B) activities necessary to meet any other emergency incident to which assigned. (4) Consultation It is the sense of Congress that the Director should consult with employee associations and any other groups that represent wildland firefighters in carrying out this subsection. (5) Implementation Not later than 2 years after the date of enactment of this Act— (A) the Director shall complete the development of the wildland firefighter occupational series required under paragraph (1); and (B) the Secretary of the Interior and the Secretary of Agriculture shall use the wildland firefighter occupational series developed under paragraph (1) in the advertising and hiring of a wildland firefighter. (b) Hazardous duty differential not affected Section 5545(d)(1) of title 5, United States Code, is amended by striking except and all that follows and inserting the following: except— (A) an employee in an occupational series covering positions for which the primary duties involve the prevention, control, suppression, or management of wildland fires, as determined by the Office; and (B) in such other circumstances as the Office may by regulation prescribe; and . (c) Current employees Any individual employed as a wildland firefighter on the date on which the occupational series established under subsection (a) takes effect may elect to— (1) remain in the occupational series in which the individual is working; or (2) be included in the wildland firefighter occupational series established under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1221is/xml/BILLS-117s1221is.xml |
117-s-1222 | II 117th CONGRESS 1st Session S. 1222 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Romney (for himself and Mr. Lee ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate and adjust certain lands in the State of Utah as components of the National Wilderness Preservation System, and for other purposes.
1. Short title This Act may be cited as the Bonneville Shoreline Trail Advancement Act . 2. Wilderness area included in Mount Olympus Wilderness Section 102(a) of the Utah Wilderness Act of 1984 ( Public Law 98–428 ; 98 Stat. 1657; 16 U.S.C. 1132 note) is amended— (1) in paragraph (11), by striking and at the end; (2) in paragraph (12), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (13) certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 326.27 acres as generally depicted on a map entitled the Bonneville Shoreline Trail Legislative Map dated July 9, 2020, are, subject to valid existing rights, hereby incorporated as part of the Mount Olympus Wilderness designated under paragraph (3). . 3. Wilderness boundary adjustments (a) Mount Naomi Wilderness boundary adjustment (1) Adjustment Section 102 of the Utah Wilderness Act of 1984 ( Public Law 98–428 ; 98 Stat. 1657; 16 U.S.C. 1132 note) is amended by adding at the end the following: (c) Mount Naomi Wilderness boundary adjustment Certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 11.17 acres as generally depicted on a map entitled the Bonneville Shoreline Trail Legislative Map , dated July 9, 2020, are hereby removed from the Mount Naomi Wilderness designated under subsection (a)(1). . (2) Management The Mount Naomi Wilderness, as designated under section 102(a)(1) of the Utah Wilderness Act of 1984 ( Public Law 98–428 ; 98 Stat. 1658; 16 U.S.C. 1132 note) and adjusted under paragraph (1), effective beginning on the date of the enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest. (b) Mount Olympus Wilderness boundary adjustment (1) Adjustment Section 102 of the Utah Wilderness Act of 1984 ( Public Law 98–428 ; 98 Stat. 1657; 16 U.S.C. 1132 note), as amended by subsection (a), is further amended by adding at the end the following: (d) Mount Olympus Wilderness boundary adjustment Certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 197.4 acres as generally depicted on a map entitled the Bonneville Shoreline Trail Legislative Map , dated July 9, 2020, are hereby removed from the Mount Olympus Wilderness designated under subsection (a)(3). . (2) Management The Mount Olympus Wilderness, as designated under section 102(a)(3) of the Utah Wilderness Act of 1984 ( Public Law 98–428 ; 98 Stat. 1658; 16 U.S.C. 1132 note) and adjusted under paragraph (1), effective beginning on the date of the enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest. (c) Twin Peaks Wilderness boundary adjustment (1) Adjustment Section 102 of the Utah Wilderness Act of 1984 ( Public Law 98–428 ; 98 Stat. 1657; 16 U.S.C. 1132 note), as amended by subsections (a) and (b), is further amended by adding at the end the following: (e) Twin Peaks Wilderness boundary adjustment Certain lands in the Uinta-Wasatch-Cache National Forest which comprise approximately 9.8 acres as generally depicted on a map entitled the Bonneville Shoreline Trail Legislative Map , dated July 9, 2020, are hereby removed from the Twin Peaks Wilderness designated under subsection (a)(4). . (2) Management The Twin Peaks Wilderness, as designated under section 102(a)(4) of the Utah Wilderness Act of 1984 ( Public Law 98–428 ; 98 Stat. 1658; 16 U.S.C. 1132 note) and adjusted under paragraph (1), effective beginning on the date of the enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest. (d) Lone Peak Wilderness boundary adjustment (1) Adjustment Section 2 of the Endangered American Wilderness Act of 1978 ( Public Law 95–237 ; 92 Stat. 42; 16 U.S.C. 1132 note) is amended— (A) in subsection (j), by striking and at the end; (B) in subsection (k), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (l) certain lands in the Uinta-Wasatch-Cache National Forest, Utah, which comprise approximately 107.9 acres as generally depicted on a map entitled the Bonneville Shoreline Trail Legislative Map , dated July 9, 2020, are hereby removed from the Lone Peak Wilderness Area designated under subsection (i). . (2) Management The Lone Peak Wilderness Area, as designated under section 2(i) of the Endangered American Wilderness Act of 1978 ( Public Law 95–237 ; 92 Stat. 42; 16 U.S.C. 1132 note) and adjusted under paragraph (1), effective beginning on the date of the enactment of this Act, shall be managed as part of the Uinta-Wasatch-Cache National Forest. 4. Rule of construction Nothing in this Act or the amendments made by this Act— (1) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water; (2) affects any water right (as defined by applicable State law) in existence on the date of enactment of this Act, including any water right held by the United States; (3) affects any interstate water compact in existence on the date of enactment of this Act; or (4) shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. 5. Map (a) Map on file The map entitled the Bonneville Shoreline Trail Legislative Map , dated July 9, 2020, shall be on file and available for inspection in the office of the Chief of the Forest Service. (b) Corrections The Secretary of Agriculture may make technical corrections to the map described in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1222is/xml/BILLS-117s1222is.xml |
117-s-1223 | II 117th CONGRESS 1st Session S. 1223 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Cornyn (for himself, Mr. Kaine , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To revise the treatment of urbanized areas experiencing population changes following a major disaster.
1. Short title This Act may be cited as the Giving Relief to American Communities in Emergencies Act or the GRACE Act . 2. Urbanized areas (a) Extension of treatment of urbanized areas Section 21101 of division B of the Bipartisan Budget Act of 2018 ( Public Law 115–123 ; 132 Stat. 103) is amended by striking and 2020 and inserting 2020, 2021, and 2022 . (b) Census discretion Section 5324 of title 49, United States Code, is amended by adding at the end the following: (f) Census discretion (1) Definitions In this subsection: (A) Disaster-related population decrease The term disaster-related population decrease , with respect to an urbanized area, means that— (i) the population of the urbanized area decreases to be less than 50,000 individuals, as determined in a decennial census after the decennial census in which the area was designated as an urbanized area; and (ii) the decrease described in clause (i) is a result of a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). (B) Urbanized area The term urbanized area means an area designated in a decennial census as an urbanized area by the Secretary of Commerce. (2) Election On request by the Governor of a State in which an urbanized area that experiences a disaster-related population decrease is located, the Secretary may elect for the purposes of this chapter, including for purposes of making apportionments under this chapter— (A) to use the population of the urbanized area, as determined in the decennial census before the most recent decennial census; and (B) to continue to treat the area as an urbanized area. . | https://www.govinfo.gov/content/pkg/BILLS-117s1223is/xml/BILLS-117s1223is.xml |
117-s-1224 | II 117th CONGRESS 1st Session S. 1224 IN THE SENATE OF THE UNITED STATES April 20, 2021 Ms. Ernst (for herself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize, and increase the total funding cap for, the America’s Agricultural Heritage Partnership, to redesignate the America's Agricultural Heritage Partnership as the Silos & Smokestacks National Heritage Area , and for other purposes.
1. Short title This Act may be cited as the Protecting the Silos & Smokestacks National Heritage Area Act . 2. Reauthorization of America’s Agricultural Heritage Partnership (a) Reauthorization Section 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 127 Stat. 420; 128 Stat. 3801) is amended by striking 2021 and inserting 2031 . (b) Increased total funding cap Section 708(a) of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 54 U.S.C. 320101 note; Public Law 104–333 ; 110 Stat. 4267; 122 Stat. 824; 134 Stat. 1505) is amended, in the second sentence, by striking $17,000,000 and inserting $23,000,000 . 3. Redesignation of heritage area (a) Redesignation The America’s Agricultural Heritage Partnership established by section 703 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ; 110 Stat. 4266) shall be known and designated as the Silos & Smokestacks National Heritage Area . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the heritage area referred to in subsection (a) shall be deemed to be a reference to the Silos & Smokestacks National Heritage Area . | https://www.govinfo.gov/content/pkg/BILLS-117s1224is/xml/BILLS-117s1224is.xml |
117-s-1225 | II 117th CONGRESS 1st Session S. 1225 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Murphy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to report revenue generated by each sports team, and for other purposes.
1. Short title This Act may be cited as the Standardization of Collegiate Oversight of Revenues and Expenditures Act or the SCORE Act . 2. Reporting by institutions of higher education on athletic revenue and expenses Section 485(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(g) ) is amended— (1) in paragraph (1), by adding at the end the following: (K) In the case of an institution that is a member of division I of the National Collegiate Athletic Association, the amount of revenue generated by each of the following categories, disaggregated by each sports team, if applicable: (i) Ticket sales. (ii) Student fees. (iii) Distributions from any other intercollegiate athletic association, conference, or tournament. (iv) Appearance guarantees and options. (v) Contributions from alumni and others. (vi) Compensation and benefits provided by third-party support. (vii) Concessions, programs, novelties, and parking. (viii) Broadcast and media rights, reported separately for television, radio, Internet, and print. (ix) Royalties, advertising, and sponsorship. (x) Sports camps. (xi) Endowment and investment income, reported separately for each source of such income. (xii) Direct institutional support. (xiii) Indirect institutional support for facilities, services, and administrative support. (xiv) Direct government support, reported separately by State government, local government, Federal Government. (L) In the case of an institution that is a member of division I of the National Collegiate Athletic Association, the expenses attributable to each of the following categories, disaggregated by each sports team, as applicable: (i) Grants-in-aid. (ii) Guarantees and options. (iii) Total salaries and benefits, and salaries and benefits paid by the institution and by third parties, respectively, to head coaches, to assistant coaches, and for administrative salaries. (iv) Severance pay. (v) Team travel. (vi) Recruiting. (vii) Equipment, uniforms, and supplies. (viii) Fundraising. (ix) Marketing and promotion. (x) Game expenses. (xi) Medical, including— (I) medical personnel salaries; and (II) medical treatment of athletes. (xii) Membership dues. (xiii) Sports camps. (xiv) Spirit groups. (xv) Transfers to the institution. (xvi) Debt service payments. (xvii) Athletic facility maintenance and rental. (xviii) Indirect facilities and administrative support. (xix) Education and general expenses of the institution— (I) including instruction, research, public service, academic support, student services, instructional support, and scholarships and fellowships; and (II) which do not include expenses with respect to auxiliary enterprises, hospitals, or independent operations. ; (2) in paragraph (5)— (A) by striking the term and inserting the following: (A) the term ; (B) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (B) the terms listed in each of the categories under subparagraphs (K) through (L) of paragraph (1) shall be defined by the Secretary by regulation, developed in consultation with the Secretary of the Treasury and the task force described in paragraph (6)(A), and such definitions shall be updated in accordance with paragraph (6)(B). ; and (3) by adding at the end the following: (6) Task force; definition updates (A) Task force The Secretary shall appoint a task force of nonprofit and higher education accounting experts, professionals, and organizations representing institutions of higher education that are members of division I of the National Collegiate Athletic Association. (B) Updating definitions The Secretary, on a biannual basis and in consultation with the task force described in subparagraph (A), shall review each definition under paragraph (5)(B) and, if necessary, update such definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics. (7) Special rule An institution of higher education that submits the information described in subparagraphs (K) through (L) of paragraph (1) to an intercollegiate athletic association for an academic year, and such information is verified by an independent audit and certified by the chancellor of the institution, may, in lieu of submitting such information under paragraph (1), request such association to directly submit such information to the Secretary on behalf of the institution for such academic year. . 3. Program requirements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) (A) In the case of an institution that is a member of division I of the National Collegiate Athletic Association, such institution will not be a member of such association or participate in any intercollegiate athletics competition organized by any person, unless such association or person reports, on an annual basis, to the Secretary the following, disaggregated by sport, athletic event, or contract, as applicable: (i) Total generated revenue and amount of revenue generated by each of the following categories: (I) Total ticket sales. (II) Distributions from other intercollegiate athletic organization or person. (III) Cash contributions. (IV) Dues and other assessments from member institutions of higher education. (V) Third-party support. (VI) Merchandise. (VII) Concessions, programs, and novelties. (VIII) Broadcast and media rights, reported separately for television, radio, Internet, and print. (IX) Endowment and investment income, reported separately for each source of such income. (X) Other corporate sponsorship. (XI) Royalties, advertising, and sponsorship. (XII) Net assets. (XIII) Direct government support, reported separately by State government, local government, or Federal Government. (XIV) Any other category determined appropriate by the Secretary. (ii) Amount of expenses attributable to each of the following categories: (I) Disbursements to institutions of higher educations, athletic conferences, or other persons. (II) Salaries and benefits. (III) Severance pay. (IV) Equipment, uniforms, and supplies. (V) Fundraising. (VI) Marketing and promotion. (VII) Game expenses. (VIII) Medical, including— (aa) medical personnel salaries; and (bb) medical treatment of athletes. (IX) Facility construction. (X) Facility maintenance and rental. (XI) Capital investment. (XII) Debt service payments. (XIII) Charitable donations. (XIV) Any other category determined appropriate by the Secretary. (iii) Executive compensation schedules. (B) The Secretary shall— (i) define by regulation, developed in consultation with the Secretary of the Treasury and the task force described in section 485(g)(6)(A), the terms listed in each of the categories under subparagraph (A); and (ii) on a biannual basis and in consultation with such task force, review each definition under clause (i) and, if necessary, update such definition in accordance with generally accepted accounting principles or significant changes in the national system of intercollegiate athletics. . | https://www.govinfo.gov/content/pkg/BILLS-117s1225is/xml/BILLS-117s1225is.xml |
117-s-1226 | One Hundred Seventeenth Congress of the United States of America 2d Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty two S. 1226 IN THE SENATE OF THE UNITED STATES AN ACT To designate the United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, as the Sylvia H. Rambo United States Courthouse , and for other purposes.
1. Sylvia H. Rambo United States Courthouse (a) Designation The United States courthouse located at 1501 North 6th Street in Harrisburg, Pennsylvania, shall be known and designated as the Sylvia H. Rambo United States Courthouse . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in subsection (a) shall be deemed to be a reference to the Sylvia H. Rambo United States Courthouse .
Speaker of the House of Representatives Vice President of the United States and President of the Senate | https://www.govinfo.gov/content/pkg/BILLS-117s1226enr/xml/BILLS-117s1226enr.xml |
117-s-1227 | II 117th CONGRESS 1st Session S. 1227 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Kennedy (for himself, Mr. Barrasso , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Consumer Financial Protection Act of 2010 to set the rate of pay for employees of the Bureau of Consumer Financial Protection in accordance with the General Schedule.
1. Short title This Act may be cited as the CFPB Pay Fairness Act of 2021 . 2. Rate of pay for employees of the Bureau of Consumer Financial Protection (a) In general Section 1013(a)(2) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5493(a)(2) ) is amended to read as follows: (2) Compensation The rates of basic pay for all employees of the Bureau shall be set and adjusted by the Director in accordance with the General Schedule set forth in section 5332 of title 5, United States Code. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1227is/xml/BILLS-117s1227is.xml |
117-s-1228 | II 117th CONGRESS 1st Session S. 1228 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Sanders (for himself, Ms. Warren , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide for equitable treatment for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.
1. Short title; table of contents (a) Short title This Act may be cited as the Territorial Equity Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Health equity for the territories Subtitle A—Medicaid Sec. 101. Elimination of general Medicaid funding limitations ( cap ) for territories. Sec. 102. Elimination of specific Federal medical assistance percentage (FMAP) limitation for territories; temporary increase in FMAP for Puerto Rico and the Virgin Islands to 100 percent. Sec. 103. Application of Medicaid waiver authority to all of the territories. Sec. 104. Permitting Medicaid DSH allotments for territories. Subtitle B—Medicare part A Sec. 111. Calculation of Medicare DSH payments for IPPS hospitals in Puerto Rico. Sec. 112. Rebasing target amount for hospitals in territories. Sec. 113. Medicare DSH target adjustment for hospitals in territories. Subtitle C—Medicare part B Sec. 121. Application of part B deemed enrollment process to residents of Puerto Rico; special enrollment period and limit on late enrollment penalties. Subtitle D—Medicare Advantage (Part C) Sec. 131. Adjustment in benchmark for low-base payment counties in Puerto Rico. Subtitle E—Medicare part D Sec. 141. Improved use of allocated prescription drug funds by territories. Sec. 142. Report on treatment of territories under Medicare part D. Subtitle F—Miscellaneous Sec. 151. Medicaid and CHIP territory transparency and information. Sec. 152. Report on exclusion of territories from Exchanges. Sec. 153. Access to coverage for individuals in certain areas without any available Exchange plans. TITLE II—Inclusion of the territories in the supplemental nutritional assistance program Sec. 201. Participation and transition of Puerto Rico, American Samoa, and the Northern Mariana Islands in supplemental nutrition assistance program. TITLE III—Equitable treatment for Puerto Rico and the Virgin Islands with respect to tax credits Sec. 301. Equitable treatment for residents of Puerto Rico and the Virgin Islands with respect to the earned income tax credit and the child tax credit. TITLE IV—Labor equity for Puerto Rico Sec. 401. Minimum wage for young employees in Puerto Rico. Sec. 402. Overtime hours protections for workers in Puerto Rico. TITLE V—Extension of supplemental security income (SSI) program to all territories Sec. 501. Extension of SSI program to all territories. I Health equity for the territories A Medicaid 101. Elimination of general Medicaid funding limitations ( cap ) for territories (a) In general Section 1108 of the Social Security Act ( 42 U.S.C. 1308 ) is amended— (1) in subsection (f), in the matter preceding paragraph (1), by striking and (h) and inserting (h), and (i) ; (2) in subsection (g)(2), in the matter preceding subparagraph (A), by inserting subsection (i), after subject to ; and (3) by adding at the end the following new subsection: (i) Sunset of Medicaid funding limitations for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa Subsections (f) and (g) shall not apply to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa beginning with fiscal year 2022. . (b) Conforming amendments (1) Section 1902(j) of the Social Security Act ( 42 U.S.C. 1396a(j) ) is amended by striking , the limitation in section 1108(f), . (2) Section 1903(u) of the Social Security Act ( 42 U.S.C. 1396b(u) ) is amended by striking paragraph (4). (c) Effective date The amendments made by this section shall apply beginning with fiscal year 2022. 102. Elimination of specific Federal medical assistance percentage (FMAP) limitation for territories; temporary increase in FMAP for Puerto Rico and the Virgin Islands to 100 percent Section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) is amended— (1) in clause (2), by inserting for fiscal years before fiscal year 2022 after American Samoa ; and (2) by adding at the end the following new sentence: Notwithstanding the first sentence of this subsection, for each of fiscal years 2022 and 2023, the Federal medical assistance percentage for Puerto Rico and the Virgin Islands shall be 100 percent. . 103. Application of Medicaid waiver authority to all of the territories (a) In general Section 1902(j) of the Social Security Act ( 42 U.S.C. 1396a(j) ) is amended— (1) by striking American Samoa and the Northern Mariana Islands and inserting Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa ; (2) by striking American Samoa or the Northern Mariana Islands and inserting Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, or American Samoa ; (3) by inserting (1) before Notwithstanding ; (4) by inserting except as otherwise provided in this subsection, after Notwithstanding any other requirement of this title ; and (5) by adding at the end the following: (2) The Secretary may not waive under this subsection— (A) the requirement of subsection (a)(10)(A)(i)(IX) (relating to coverage of adults formerly under foster care) with respect to any territory; (B) the requirement to provide medical assistance for early and periodic screening, diagnostic, and treatment services (as defined in section 1905(r)) for individuals who are eligible for assistance under the program and who under the age of 21; or (C) the requirement to provide for payment for services described in section 1905(a)(2)(C) furnished by a Federally-qualified health center and services described in section 1905(a)(2)(B) furnished by a rural health clinic in accordance with the provisions of subsection (bb). . (b) Effective date The amendments made by this section shall apply beginning October 1, 2021. 104. Permitting Medicaid DSH allotments for territories Section 1923(f) of the Social Security Act ( 42 U.S.C. 1396r–4(f) ) is amended— (1) in paragraph (6), by adding at the end the following new subparagraph: (C) Territories (i) Fiscal year 2021 For fiscal year 2022, the DSH allotment for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa shall bear the same ratio to $300,000,000 as the ratio of the number of individuals who are low-income or uninsured and residing in such respective territory (as estimated from time to time by the Secretary) bears to the sums of the number of such individuals residing in all of the territories. (ii) Subsequent fiscal year For each subsequent fiscal year, the DSH allotment for each such territory is subject to an increase in accordance with paragraph (3). ; and (2) in paragraph (9), by inserting before the period at the end the following: , and includes, beginning with fiscal year 2022, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa . B Medicare part A 111. Calculation of Medicare DSH payments for IPPS hospitals in Puerto Rico Section 1886(d)(9)(D)(iii) of the Social Security Act ( 42 U.S.C. 1395ww(d)(9)(D)(iii) ) is amended to read as follows: (iii) Subparagraph (F) (relating to disproportionate share payments), including application of subsection (r), except that for this purpose— (I) the sum described in clause (ii) of this subparagraph shall be substituted for the sum referred to in paragraph (5)(F)(ii)(I); and (II) for discharges occurring on or after October 1, 2021, subclause (I) of paragraph (5)(F)(vi) shall be applied by substituting for the numerator described in such subclause the number of subsection (d) Puerto Rico hospital’s patient days for the cost reporting period involved which were made up of patients who (for such days) were entitled to benefits under part A of this title and were— (aa) entitled to supplementary security income benefits (excluding any State supplementation) under title XVI of this Act; (bb) eligible for medical assistance under a State plan under title XIX; or (cc) receiving aid or assistance under any plan of the State approved under title I, X, XIV, or XVI. . 112. Rebasing target amount for hospitals in territories Section 1886(b)(3) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3) ) is amended by adding at the end the following new subparagraph: (M) (i) For each cost reporting period beginning on or after October 1, 2021, in the case of a hospital located in a territory of the United States, there shall be substituted for the target amount otherwise determined under subparagraph (A) the rebased target amount (as defined in clause (ii)), if such substitution results in an amount of payment under this section to the hospital for such period that is greater than the amount of payment that would be made under this section to the hospital for such period if this subparagraph were not to apply. (ii) For purposes of this subparagraph, the term rebased target amount has the meaning given the term target amount in subparagraph (A), except that— (I) there shall be substituted for the preceding 12-month cost reporting period the 12-month cost reporting period beginning during fiscal year 2017 (or, at the option of the hospital, beginning during fiscal year 2019); (II) any reference in subparagraph (A)(i) to the first such cost reporting period is deemed a reference to the first cost reporting period following the 12-month cost reporting period beginning during fiscal year 2017 (or, at the option of the hospital, beginning during fiscal year 2019); and (III) the applicable percentage increase shall only be applied under subparagraph (B)(ii) for cost reporting periods beginning on or after October 1, 2021. (iii) Nothing in this subparagraph shall affect any pending request by a hospital for a new target amount for any cost reporting period beginning during a fiscal year before fiscal year 2022. . 113. Medicare DSH target adjustment for hospitals in territories Section 1886(b)(3) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3) ), as amended by section 112, is further amended by adding at the end the following new subparagraph: (N) (i) For each cost reporting period beginning on or after October 1, 2020, in the case of a hospital that is located in a territory of the United States other than Puerto Rico and that would be a subsection (d) hospital if it were located in one of the 50 States, the target amount shall be increased by— (I) in the case that such hospital has a disproportionate patient percentage of not less than 15 percent and not greater than 40 percent, 10 percent; and (II) in the case that such hospital has a disproportionate patient percentage of greater than 40 percent, 10 percent plus 60 percent of the number of percentage points by which such hospital’s disproportionate patient percentage exceeds 40 percent. (ii) For purposes of this subparagraph, the term disproportionate patient percentage has the meaning given such term in subsection (d)(5)(F)(vi), except that in applying such meaning any reference under such subsection to individuals entitled to supplementary security income under title XVI shall be deemed for purposes of this subparagraph to include individuals— (I) eligible for medical assistance under a State plan under title XIX; or (II) receiving aid or assistance under any plan of the territory approved under title I, X, XIV, or XVI. . C Medicare part B 121. Application of part B deemed enrollment process to residents of Puerto Rico; special enrollment period and limit on late enrollment penalties (a) Application of part B deemed enrollment process to residents of Puerto Rico Section 1837(f)(3) of the Social Security Act ( 42 U.S.C. 1395p(f)(3) ) is amended by striking , exclusive of Puerto Rico . (b) Effective date The amendment made by subsection (a) shall apply to individuals whose initial enrollment period under section 1837(d) of the Social Security Act begins on or after the first day of the effective month, specified by the Secretary of Health and Human Services under section 1839(k)(1)(C) of such Act, as added by subsection (c)(2). (c) Transition providing special enrollment period and limit on late enrollment penalties for certain Medicare beneficiaries Section 1839 of the Social Security Act ( 42 U.S.C. 1395r ) is amended— (1) in the first sentence of subsection (b), by inserting subject to subsection (k)(2) of this section, after subsection (i)(4), (l), or (l) of section 1837, ; and (2) by adding at the end the following new subsection: (k) Special rules for certain residents of Puerto Rico (1) Special enrollment period, coverage period for residents who are eligible but not enrolled (A) In general In the case of a transition individual (as defined in paragraph (3)) who is not enrolled under this part as of the day before the first day of the effective month (as defined in subparagraph (C)), the Secretary shall provide for a special enrollment period under section 1837 of 7 months beginning with such effective month during which the individual may be enrolled under this part. (B) Coverage period In the case of such an individual who enrolls during such special enrollment period, the coverage period under section 1838 shall begin on the first day of the second month after the month in which the individual enrolls. (C) Effective month defined In this section, the term effective month means a month, not earlier than October 2022 and not later than January 2023, specified by the Secretary. (2) Reduction in late enrollment penalties for current enrollees and individuals enrolling during transition (A) In general In the case of a transition individual who is enrolled under this part as of the day before the first day of the effective month or who enrolls under this part on or after the date of the enactment of this subsection but before the end of the special enrollment period under paragraph (1)(A), the amount of the late enrollment penalty imposed under section 1839(b) shall be recalculated by reducing the penalty to 15 percent of the penalty otherwise established. (B) Application Subparagraph (A) shall be applied in the case of a transition individual who— (i) is enrolled under this part as of the month before the effective month, for premiums for months beginning with such effective month; or (ii) enrolls under this part on or after the date of the enactment of this Act and before the end of the special enrollment period under paragraph (1)(A), for premiums for months during the coverage period under this part which occur during or after the effective month. (C) Loss of reduction if individual terminates enrollment Subparagraph (A) shall not apply to a transition individual if the individual terminates enrollment under this part after the end of the special enrollment period under paragraph (1). (3) Transition individual defined In this section, the term transition individual means an individual who resides in Puerto Rico and who would have been deemed enrolled under this part pursuant to section 1837(f) before the first day of the effective month but for the fact that the individual was a resident of Puerto Rico, regardless of whether the individual is enrolled under this part as of such first day. . D Medicare Advantage (Part C) 131. Adjustment in benchmark for low-base payment counties in Puerto Rico Section 1853(n) of the Social Security Act ( 42 U.S.C. 1395w–23(n) ) is amended— (1) in paragraph (1), by striking and (5) and inserting (5), and (6) ; (2) in paragraph (4), by striking In no case and inserting Subject to paragraph (6), in no case ; and (3) by adding at the end the following new paragraph: (6) Special rules for blended benchmark amount for territories (A) In general Subject to subparagraph (B), the blended benchmark amount for an area in a territory for a year (beginning with 2022) shall not be less than 80 percent of the national average of the base payment amounts specified in subparagraph (2)(E) for such year for areas within the 50 States and the District of Columbia. (B) Limitation In no case shall the blended benchmark amount for an area in a territory for a year under subparagraph (A) exceed the lowest blended benchmark amount for any area within the 50 States and the District of Columbia for such year. . E Medicare part D 141. Improved use of allocated prescription drug funds by territories Section 1935(e) of the Social Security Act ( 42 U.S.C. 1396u–5(e) ) is amended— (1) by redesignating paragraph (5) as paragraph (6); and (2) by inserting after paragraph (4) the following new paragraph: (5) Improved use of funds for low-income part d eligible individuals This subsection shall be applied beginning with fiscal year 2022 as follows, notwithstanding any other provision of this title: (A) Clarifying state flexibility to cover non-dual-eligible individuals In this title, the term medical assistance includes financial assistance furnished by a State under this subsection to part D eligible individuals who, if they were residing in one of the 50 States or the District of Columbia, would qualify as subsidy eligible individuals under section 1860D–14(a)(3), and without regard to whether such individuals otherwise qualify for medical assistance under this title. (B) 100 percent fmap to reflect no state matching required for part d low income subsidies The Federal medical assistance percentage applicable to the assistance furnished under this subsection is 100 percent. (C) Limited funding for special rules Subparagraphs (A) and (B), and the provision of medical assistance for covered part D drugs to low-income part D eligible individuals for a State and period under this subsection, is limited to the amount specified in paragraph (3) for such State and period. . 142. Report on treatment of territories under Medicare part D Paragraph (6) of section 1935(e) of the Social Security Act ( 42 U.S.C. 1396u–5(e) ), as redesignated by section 141, is amended to read as follows: (6) Report on application of subsection (A) In general Not later than February 1, 2023, the Secretary shall submit to Congress a report on the application of this subsection during the period beginning fiscal year 2006 and ending fiscal year 2022. (B) Information to be included in report Such report shall include— (i) program guidance issued by the Secretary to implement this subsection; (ii) for each territory, information on the increased amount under paragraph (3) and how the territory has applied such amount, including the territory’s program design, expenditures, and number of individuals (and dual-eligible individuals) assisted; and (iii) differences between how such territories are treated under part D of title XVIII and under this title compared with the treatment of the 50 States and the District of Columbia under such part and this title for different fiscal years within the period covered under the report. (C) Recommendations Such report shall include recommendations for improving prescription drug coverage for low-income individuals in each territory, including recommendations regarding each of the following alternative approaches: (i) Adjusting the aggregate amount specified in paragraph (3)(B). (ii) Allowing residents of the territories to be subsidy eligible individuals under section 1860D–14, notwithstanding subsection (a)(3)(F) of such section, or providing substantially equivalent low-income prescription drug subsidies to such residents. . F Miscellaneous 151. Medicaid and CHIP territory transparency and information (a) Publication of information on Federal expenditures under Medicaid and CHIP in the territories Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall publish, and periodically update, on the Internet site of the Centers for Medicare & Medicaid Services information on Medicaid and CHIP carried out in the territories of the United States. Such information shall include, with respect to each such territory— (1) the income levels established by the territory for purposes of eligibility of an individual to receive medical assistance under Medicaid or child health assistance under CHIP; (2) the number of individuals enrolled in Medicaid and CHIP in such territory; (3) any State plan amendments in effect to carry out Medicaid or CHIP in such territory; (4) any waiver of the requirements of title XIX or title XXI issued by the Secretary to carry out Medicaid or CHIP in the territory, including a waiver under section 1115 of the Social Security Act ( 42 U.S.C. 1315 ), any application for such a waiver, and any documentation related to such application (including correspondence); (5) the amount of the Federal and non-Federal share of expenditures under Medicaid and CHIP in such territory; (6) the systems in place for the furnishing of health care items and services under Medicaid and CHIP in such territory; (7) the design of CHIP in such territory; and (8) other information regarding the carrying out of Medicaid and CHIP in the territory that is published on such Internet site with respect to carrying out Medicaid and CHIP in each State and the District of Columbia. (b) Definitions In this section: (1) CHIP The term CHIP means the State Children’s Health Insurance Program under title XXI of the Social Security Act. (2) Medicaid The term Medicaid means the Medicaid program under title XIX of the Social Security Act. (3) Territory The term territory of the United States includes Puerto Rico, the Virgin Islands of the United States, Guam, the Northern Mariana Islands, and American Samoa. 152. Report on exclusion of territories from Exchanges (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report that details the adverse impacts in each territory from the practical exclusion of the territories from the provisions of part II or III of subtitle D of title I of the Patient Protection and Affordable Care Act insofar as such provisions provide for the establishment of an American Health Benefit Exchange or the administration of a federally facilitated Exchange in each State and in the District of Columbia for the purpose of making health insurance more affordable and accessible for individuals and small businesses. (b) Information in report The report shall include information on the following: (1) An estimate of the total number of individuals residing in each territory with health insurance coverage, and the total number of individuals in each territory without health insurance coverage. (2) The number of health insurance issuers in each territory and the health insurance coverage each such issuer offers. (3) An estimate of the number of individuals residing in each territory who are denied premium and cost-sharing assistance that would otherwise be available to them for obtaining health insurance coverage through an Exchange if they resided in one of the 50 States or in the District of Columbia. (4) An estimate of the amount of Federal assistance described in paragraph (3) that is not being made available to residents of each territory. (5) An estimate of the number of small employers in each territory that would be eligible to purchase health insurance coverage through a Small Business Health Options Program (SHOP) Marketplace that would operate as part of an Exchange if the employers were in one of the 50 States or in the District of Columbia. 153. Access to coverage for individuals in certain areas without any available Exchange plans Part 2 of subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 et seq.) is amended by adding at the end the following: 1314. Access to coverage for individuals in certain areas without any available Exchange plans (a) In general (1) Coverage through DC Exchange Not later than 3 months after the date of enactment of this section, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Office of Personnel Management, shall establish a mechanism to ensure that, for any plan year beginning on or after the date described in subsection (c), any individual described in paragraph (2) has access to health insurance coverage which is at least as broad as the coverage available to Members of Congress and congressional staff (as defined in section 1312(d)(3)(D)) through the Exchange operating in the District of Columbia. Such individuals shall be eligible for any premium tax credit under section 36B of the Internal Revenue Code of 1986, reduced cost sharing under section 1402, and advance determination and payment of such credits or such reductions under section 1412 to be administered by the Secretary, in consultation with the Secretary of the Treasury and the Director of the Office of Personnel Management. The District of Columbia, its residents, and small businesses shall be held harmless from any increased costs resulting from the enactment of this section. (2) Individual described An individual described in this paragraph is any individual who— (A) is not eligible to enroll in an employer-sponsored health plan (excluding such a plan that would not be considered minimum essential coverage due to the application of subparagraph (C) of section 36B(c)(2) of the Internal Revenue Code of 1986 if such subparagraph applied to such plan); and (B) is a bona fide resident of any possession of the United States (as determined under section 937(a) of such Code) in which the Secretary certifies that no qualified health plan is offered through an Exchange established under this title. (3) Possession of the United States For purposes of this section, the term possession of the United States shall include such possessions as are specified in section 937(a)(1) of the Internal Revenue Code of 1986. (b) Treatment of possessions (1) Payments to possessions (A) Mirror code possession The Secretary of the Treasury shall periodically (but not less frequently than annually) pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the application of this section (determined without regard to paragraph (2)) with respect to taxable years beginning after the date described in subsection (c). Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession. (B) Other possessions The Secretary of the Treasury shall periodically (but not less frequently than annually) pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of such possession by reason of the application of this section for any taxable years beginning after the date described in subsection (c) if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to the residents of such possession. (2) Coordination with credit allowed against united states income taxes No credit shall be allowed against United States income taxes for any taxable year under section 36B of the Internal Revenue Code of 1986 to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of this section (determined without regard to this paragraph) for such taxable year, or (B) who is eligible for a payment under a plan described in paragraph (1)(B) with respect to such taxable year. (3) Mirror code tax system For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States. (4) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, or any similar rule of law, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 36B of the Internal Revenue Code of 1986. (c) Date described The date described in this subsection is the date on which the Secretary establishes the mechanism described in subsection (a)(1). . II Inclusion of the territories in the supplemental nutritional assistance program 201. Participation and transition of Puerto Rico, American Samoa, and the Northern Mariana Islands in supplemental nutrition assistance program (a) Definitions Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 ) is amended— (1) in subsection (r), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam, ; and (2) in subsection (u)(3), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam, . (b) Eligible households Section 5 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) in subsection (b), in the first sentence, by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam, ; (2) in subsection (c)(1), by striking and Guam, and inserting Guam, the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, ; and (3) in subsection (e)— (A) in paragraph (1)(A), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Hawaii, each place it appears; and (B) in paragraph (6)(B), in the matter preceding clause (i), by inserting the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, after Guam, . (c) Effective date (1) In general The amendments made by subsections (a) and (b) shall be effective with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, as applicable, on the date described in paragraph (2) if the Secretary of Agriculture submits to Congress a certification under subsection (f)(2)(B) of section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ). (2) Date described The date referred to in paragraph (1) is, with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, the date established by the Commonwealth of Puerto Rico, American Samoa, or the Commonwealth of the Northern Mariana Islands, respectively, in the applicable plan of operation submitted to the Secretary of Agriculture under subsection (f)(1) of section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ). (d) Transition of Puerto Rico, American Samoa, and the Northern Mariana Islands to supplemental nutrition assistance program Section 19 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2028 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking and at the end; (B) in subparagraph (B), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (C) the Commonwealth of the Northern Mariana Islands. ; and (2) by adding at the end the following: (f) Transition of Puerto Rico, American Samoa, and the Northern Mariana Islands to supplemental nutrition assistance program (1) Definition of governmental entity In this subsection, the term governmental entity means— (A) the Commonwealth of Puerto Rico; (B) American Samoa; and (C) the Commonwealth of the Northern Mariana Islands. (2) Request for participation A governmental entity may submit to the Secretary a request to participate in the supplemental nutrition assistance program, which shall include a plan of operation described in section 11(d), which shall include the date on which the governmental entity intends to begin participation in the program. (3) Certification by Secretary (A) In general The Secretary shall certify a governmental entity that submits a request under paragraph (2) as qualified to participate in the supplemental nutrition assistance program if the Secretary— (i) approves the plan of operation submitted with the request, in accordance with this subsection; and (ii) approves the applications described in paragraph (5) in accordance with that paragraph. (B) Submission of certification to Congress The Secretary shall submit each certification under subparagraph (A) to Congress. (C) Certification decision The Secretary shall certify or not certify a governmental entity that submits a request under paragraph (2) not later than 90 days after the date on which the Secretary receives the request. (4) Determination of plan of operation (A) Approval The Secretary shall approve a plan of operation submitted with a request under paragraph (2) if the plan satisfies the requirements under this Act. (B) Disapproval If the Secretary does not approve a plan of operation submitted with a request under paragraph (2), the Secretary shall provide to the governmental entity a statement that describes each requirement under this Act that is not satisfied by the plan. (5) Retail food stores If the Secretary approves a plan of operation under paragraph (4)(A) for a governmental entity, the Secretary shall accept applications from retail food stores located in that governmental entity to be authorized under section 9 to participate in the supplemental nutrition assistance program. (6) Puerto Rico In the case of a request under paragraph (2) by the Commonwealth of Puerto Rico, notwithstanding subsection (g), the Secretary shall allow the Commonwealth of Puerto Rico to continue to carry out under the supplemental nutrition assistance program the Family Market Program established pursuant to this section. (7) Temporary funding Any governmental entity that has a request under paragraph (2) pending before the Secretary (including a plan of operation pending under paragraph (4)) shall receive block grants under this section, in amounts determined by the Secretary, until the date on which the Secretary certifies the governmental entity. (8) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this subsection for fiscal year 2021, to remain available until expended. (g) Technical infrastructure implementation (1) In general A governmental entity (as defined in subsection (f)) may request from the Secretary a 1-time grant to pay for the cost of the technology infrastructure necessary to implement the supplemental nutrition assistance program, including the cost of information technology, information technology personnel, and training relating to program implementation. (2) Application A governmental entity making a request under paragraph (1) for a grant shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) a description of the costs to be paid for by the grant; and (B) a plan for implementing the technology infrastructure described in paragraph (1)— (i) within 1 year of receiving the grant; and (ii) that is reasonably cost efficient, as determined by the Secretary. (3) Determination (A) Time limit The Secretary shall approve or deny an application submitted under paragraph (2) not later than 90 days after the date on which the application is submitted. (B) Denial If the Secretary denies an application submitted under paragraph (2), the governmental entity may amend the plan described in subparagraph (B) of that paragraph, in coordination with the Secretary, to resubmit to the Secretary for approval. (4) Funding (A) In general There is appropriated to the Secretary, out of funds in the Treasury not otherwise appropriated, $5,000,000 to carry out this subsection, to remain available until 3 years after the date of enactment of this subsection. (B) Reversion of funds Any funds appropriated to the Secretary under subparagraph (A) that remain available by the date described in that subparagraph shall revert to the Treasury. (h) Termination of effectiveness (1) In general Subsections (a) through (e) shall cease to be effective with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, as applicable, on the date described in paragraph (2) if the Secretary submits to Congress a certification under subsection (f)(3)(B) for that governmental entity. (2) Date described The date referred to in paragraph (1) is, with respect to the Commonwealth of Puerto Rico, American Samoa, and the Commonwealth of the Northern Mariana Islands, the date established by the Commonwealth of Puerto Rico, American Samoa, or the Commonwealth of the Northern Mariana Islands, respectively, in the applicable plan of operation submitted to the Secretary under subsection (f)(2). . III Equitable treatment for Puerto Rico and the Virgin Islands with respect to tax credits 301. Equitable treatment for residents of Puerto Rico and the Virgin Islands with respect to the earned income tax credit and the child tax credit (a) Puerto Rico residents eligible for earned income tax credit (1) In general Section 32 of the Internal Revenue Code of 1986, as amended by section 9621(a) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended by adding at the end the following new subsection: (o) Residents of Puerto Rico (1) In general In the case of residents of Puerto Rico— (A) the United States shall be treated as including Puerto Rico for purposes of subsections (c)(1)(A)(ii)(I) and (c)(3)(C), (B) subsection (c)(1)(D) shall not apply to nonresident alien individuals who are residents of Puerto Rico, and (C) adjusted gross income and gross income shall be computed without regard to section 933 for purposes of subsections (a)(2)(B) and (c)(2)(A)(i). (2) Limitation The credit allowed under this section by reason of this subsection for any taxable year shall not exceed the amount, determined under regulations or other guidance promulgated by the Secretary, that a similarly situated taxpayer would receive if residing in a State. . (2) Child tax credit not reduced Subclause (II) of section 24(d)(1)(B)(ii) of such Code is amended by inserting before the period (determined without regard to section 32(n) in the case of residents of Puerto Rico) . (3) Effective date The amendments made this subsection shall apply to taxable years beginning after December 31, 2020. (b) Equitable treatment for residents of Puerto Rico with respect to the refundable portion of the child tax credit (1) In general Section 24(d)(1) of the Internal Revenue Code of 1986 is amended by inserting or section 933 after section 112 . (2) Effective date The amendment made by paragraph (1) shall apply to taxable years beginning after December 31, 2020. (c) Treatment of residents of the Virgin Islands (1) In general The Secretary of the Treasury shall pay to the government of the Virgin Islands amounts equal to the loss to that possession by reason of the application of— (A) section 32 of the Internal Revenue Code of 1986 (determined as if subsection (o) of such section, as added by subsection (a), applied to bona fide residents of that possession), and (B) section 24(d) of such Code (determined as if the amendment made by subsection (b) applied to bona fide residents of that possession), with respect to taxable years beginning after December 31, 2020. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the Virgin Islands. (2) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from the credit allowed under section 32 or 24 (by reason of subsection (d) thereof), whichever is applicable, of the Internal Revenue Code of 1986. IV Labor equity for Puerto Rico 401. Minimum wage for young employees in Puerto Rico Section 6(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(g) ) is amended— (1) by striking paragraph (2) and redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (2) in paragraph (2), as so redesignated, by striking or (2) ; and (3) in paragraph (4), as so redesignated, by striking 20 years, except and all that follows through the period and inserting 20 years. . 402. Overtime hours protections for workers in Puerto Rico Section 404 of the Puerto Rico Oversight, Management, and Economic Stability Act ( 48 U.S.C. 2193 ) is repealed. V Extension of supplemental security income (SSI) program to all territories 501. Extension of SSI program to all territories (a) Application of Social Security Amendments of 1972 amendments and repeals to territories (1) In general Effective January 1, 2022, the amendments made by sections 301 and 302 of the Social Security Amendments of 1972 ( Public Law 92–603 ) and the repeals made by section 303(a) of the Social Security Amendments of 1972 shall be applicable in the case of Puerto Rico, Guam, the Virgin Islands, and American Samoa. (2) Conforming amendment Effective January 1, 2022, section 303 of the Social Security Amendments of 1972 ( Public Law 92–603 ) is amended by striking subsection (b). (b) Conforming amendments (1) Definition of State Section 1101(1) of the Social Security Act ( 42 U.S.C. 1301(1) ) is amended by striking the fifth sentence and inserting the following: In the case of supplemental security income under title XVI, such term also includes the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. . (2) Definition of United States Section 1614(e) of the Social Security Act ( 42 U.S.C. 1382c(e) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa . (3) Effective date The amendments made by this subsection shall take effect on January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s1228is/xml/BILLS-117s1228is.xml |
117-s-1229 | II 117th CONGRESS 1st Session S. 1229 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Heinrich (for himself, Mrs. Capito , Mr. Daines , Mr. Risch , Ms. Cortez Masto , Mr. Crapo , Mr. King , Ms. Collins , Mr. Wyden , Mrs. Murray , Ms. Sinema , Mr. Bennet , Mr. Tester , Mr. Rounds , and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the procedures for issuing special recreation permits for certain public land units, and for other purposes.
1. Short title This Act may be cited as the Simplifying Outdoor Access for Recreation Act or the SOAR Act . 2. Definitions In this Act: (1) Associated agency The term associated agency means the Federal land management agency, other than the lead agency, that manages a public land unit that is the subject of a single joint special recreation permit under section 7(a). (2) Federal land management agency The term Federal land management agency has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (3) Lead agency With respect to a single joint special recreation permit application submitted under section 7(a), the term lead agency means the Federal land management agency designated to administer the single joint special recreation permit under section 7(a)(2). (4) Long-term special recreation permit The term long-term special recreation permit means— (A) for a public land unit managed by the Forest Service, a priority use permit; and (B) for a public land unit managed by the Bureau of Land Management, a multiyear special recreation permit. (5) Multijurisdictional trip The term multijurisdictional trip means a trip that— (A) uses 2 or more public land units; and (B) is under the jurisdiction of 2 or more Federal land management agencies. (6) Public land unit The term public land unit means— (A) a unit of the National Forest System; (B) a unit of the National Park System; (C) a unit of the National Wildlife Refuge System; (D) a district of the Bureau of Land Management; and (E) a project of the Bureau of Reclamation. (7) Recreation service provider The term recreation service provider has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (8) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to a public land unit described in paragraph (6)(A); and (B) the Secretary of the Interior, with respect to a public land unit described in subparagraph (B), (C), (D), or (E) of paragraph (6). (9) Special recreation permit The term special recreation permit has the meaning given the term in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). 3. Special recreation permit and fee (a) Definitions Section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ) is amended— (1) in paragraph (1), by striking section 3(f) and inserting section 803(f) ; (2) in paragraph (2), by striking section 3(g) and inserting section 803(g) ; (3) in paragraph (6), by striking section 5 and inserting section 805 ; (4) in paragraph (9), by striking section 5 and inserting section 805 ; (5) in paragraph (12), by striking section 7 and inserting section 807 ; (6) in paragraph (13), by striking section 3(h) and inserting section 803(h) ; (7) by redesignating paragraphs (1), (3), (4), (5), (6), (7), (8), (9), (10), (11), and (13) as paragraphs (15), (1), (3), (4), (5), (6), (7), (8), (11), (10), and (14), respectively, and moving the paragraphs so as to appear in numerical order; (8) by inserting after paragraph (8) (as so redesignated) the following: (9) Recreation service provider The term recreation service provider means an individual or entity that— (A) provides outfitting, guiding, or other recreation services; or (B) conducts recreational or competitive events, including incidental sales. ; and (9) by inserting after paragraph (12) the following: (13) Special recreation permit The term special recreation permit means a permit issued by a Federal land management agency for specialized individual or group uses of Federal recreational lands and waters, including— (A) for outfitting, guiding, or other recreation services; (B) for recreation or competitive events, which may include incidental sales; (C) for the use of— (i) a special area; or (ii) an area in which use is allocated; (D) for motorized recreational vehicle use in compliance with an applicable travel management plan or other regulation; and (E) for a group activity or event. . (b) Special recreation permit and fee Section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ) is amended— (1) in subsection (b)(5), by striking section 4(d) and inserting section 804(d) ; and (2) by striking subsection (h) and inserting the following: (h) Special recreation permit and fee (1) Special recreation permit The Secretary may issue a special recreation permit for specialized individual or group uses of Federal recreational lands and waters. (2) Special recreation permit fee (A) In general The Secretary may charge a special recreation permit fee in connection with the issuance of a special recreation permit under paragraph (1). (B) Fees for certain lands (i) In general Subject to clauses (ii) and (iii), a special recreation permit fee under subparagraph (A) for use of Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service shall not exceed the difference between— (I) the sum of— (aa) 3 percent of the annual gross revenue of the recreation service provider for all activities authorized by the special recreation permit; and (bb) any applicable revenue addition; and (II) any applicable revenue exclusion. (ii) Exclusion of certain revenues and payments In calculating the amount of a fee for a special recreation permit under clause (i), the Secretary shall exclude— (I) revenue from goods, services, souvenirs, merchandise, gear, food, and activities provided or sold by a special recreation permit holder in a location other than the Federal recreational lands and waters covered by the permit, including transportation costs, lodging, and any other service before or after a trip; and (II) revenue from any recreational services provided by a special recreation permit holder for activities on Federal recreational lands and waters for which a separate permit is issued. (iii) Alternative per-person fee (I) In general For Federal recreational lands and waters managed by the Forest Service, the Bureau of Land Management, the Bureau of Reclamation, or the United States Fish and Wildlife Service, the Secretary may charge a per-person fee in connection with the issuance of a special recreation permit under paragraph (1). (II) Amount of fee The total amount charged by the Secretary in connection with the issuance of a special recreation permit under paragraph (1) using a per-person fee under subclause (I) shall be comparable to the amount the Secretary may charge for a special recreation permit fee under subparagraph (A) and clauses (i) and (ii). (iv) Effect Nothing in this subparagraph affects any fee for a commercial use authorization for use of Federal recreational lands and waters managed by the National Park Service. (C) Disclosure of fees A special recreation permit holder may inform customers of any fee charged by the Secretary under this section. (3) Reports (A) In general The Secretary shall make available to holders of special recreation permits under paragraph (1) and the public an annual report describing the use of fees collected by the Secretary under paragraph (2). (B) Requirements The report under subparagraph (A) shall include a description of how the fees are used in each public land unit (as defined in section 2 of the SOAR Act ) administered by the Secretary, including an identification of the amounts used for specific activities within the public land unit. . (c) Use of special recreation permit revenue Section 808 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6807 ) is amended— (1) in subsection (a)(3)(F), by striking section 6(a) and inserting section 806(a) ; (2) in subsection (d), by striking section 5 each place it appears and inserting section 805 ; (3) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; and (4) by inserting after subsection (a) the following: (b) Use of special recreation permit fee revenue Revenue from a special recreation permit fee may be used for— (1) the purposes described in subsection (a); and (2) expenses— (A) associated with processing applications for special recreation permits; and (B) incurred in the improvement of the operation of the special recreation permit system. . (d) Permanent authorization Section 810 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6809 ) is amended— (1) by striking The authority and inserting the following: (a) In general Except as provided in subsection (b), the authority ; and (2) by adding at the end the following: (b) Applicability Subsection (a) shall not apply to— (1) section 802; (2) subsection (d)(2) or (h) of section 803; or (3) subsection (a), (b), or (c) of section 808. . 4. Permitting process improvements (a) In general To simplify the process of the issuance and renewal of special recreation permits and reduce the cost of administering special recreation permits, the Secretary concerned shall— (1) not later than 180 days after the date of enactment of this Act— (A) evaluate the special recreation permitting process; and (B) identify opportunities— (i) to eliminate duplicative processes; (ii) to reduce costs; and (iii) to decrease processing times; and (2) not later than 180 days after the date on which the Secretary concerned completes the evaluation and identification processes under paragraph (1), revise, as necessary, relevant agency regulations and policy statements to implement the improvements identified under paragraph (1)(B). (b) Categorical exclusions (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall— (A) evaluate whether 1 or more additional categorical exclusions developed in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment; and (B) if the Secretary concerned determines under subparagraph (A) that 1 or more additional categorical exclusions would reduce processing times or costs for the issuance or renewal of special recreation permits without significantly affecting the human environment— (i) establish those categorical exclusions in compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (ii) fully document that a category of actions will not individually or cumulatively have a significant effect on the human environment; and (iii) revise relevant agency regulations and policy statements to implement those categorical exclusions. (2) Administration (A) In general In administering a categorical exclusion established under paragraph (1)(B), the Secretary concerned shall comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) (including regulations promulgated pursuant to that Act). (B) Extraordinary circumstances In determining whether to use a categorical exclusion established under paragraph (1)(B), the Secretary concerned shall apply, as applicable, the extraordinary circumstances procedures described in— (i) section 220.6 of title 36, Code of Federal Regulations (or a successor regulation); or (ii) section 46.215 of title 43, Code of Federal Regulations (or a successor regulation). (c) Needs assessments Except as required under subsection (c) or (d) of section 4 of the Wilderness Act ( 16 U.S.C. 1133 ), the Secretary concerned shall not conduct a needs assessment as a condition of issuing a special recreation permit for a public land unit under this Act. (d) Online applications The Secretary concerned shall make applications for special recreation permits available to be completed and submitted online unless the Secretary concerned determines that making applications for special recreation permits available to be completed and submitted online would not improve the efficiency or accessibility of the permitting process. 5. Permit flexibility (a) Similar activities The Secretary concerned shall establish a permit administration protocol that authorizes, to the maximum extent practicable, a permittee issued a special recreation permit for a public land unit under section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) to engage in a recreational activity that is substantially similar to the specific activity authorized under the special recreation permit, if the substantially similar recreational activity— (1) is comparable in type, nature, scope, and ecological setting to the specific activity authorized under the special recreation permit; (2) does not result in a greater impact on natural and cultural resources than the authorized activity; (3) does not adversely affect any other permittee issued a special recreation permit for a public land unit under that section; (4) does not involve the use of a motor, including an electric motor, for a previously nonmotorized use; and (5) is consistent with any laws (including regulations) and land use or management plans applying to a public land unit. (b) Voluntary return of surplus service days The Secretary concerned shall establish a program to allow a permittee issued a special recreation permit for a public land unit to voluntarily and temporarily return to the Secretary concerned 1 or more surplus service days, to be made available to any other existing or potential permittee. (c) Forest Service and Bureau of Land Management temporary special recreation permits (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary concerned shall establish and implement a program to authorize the issuance of temporary special recreation permits for new or additional recreational uses of Federal recreational land and water managed by the Forest Service and the Bureau of Land Management. (2) Term of temporary permits A temporary special recreation permit issued under paragraph (1) shall be issued for a period of not more than 2 years. (3) Conversion to long-term permit If the Secretary concerned determines that a permittee under paragraph (1) has completed 2 years of satisfactory operation under the permit proposed to be converted, the Secretary may provide for the conversion of a temporary special recreation permit issued under paragraph (1) to a long-term special recreation permit. (4) Effect Nothing in this subsection alters or affects the authority of the Secretary to issue a special recreation permit under subsection (h)(1) of section 803 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802 ). 6. Permit administration (a) Permit availability (1) Notification of permit availability (A) In general Except as provided in subparagraphs (B) and (C), if the Secretary concerned has determined that the Department of Agriculture or the Department of the Interior, as applicable, is able to issue new special recreation permits to recreation service providers seeking to use a public land unit, the Secretary concerned shall publish that information on the website of the agency that administers the relevant public land unit. (B) Exception for certain permits With respect to a public land unit managed by the Forest Service or the Bureau of Land Management, subparagraph (A) shall apply only to a long-term special recreation permit for the public land unit. (C) Exception for renewals and reissuances Subparagraph (A) shall not apply to— (i) a renewal or reissuance of an existing special recreation permit; or (ii) a new special recreation permit issued to the purchaser of a recreation service provider that is the holder of an existing special recreation permit. (D) Effect Nothing in this paragraph creates a prerequisite to the issuance of a special recreation permit or otherwise limits the authority of the Secretary concerned— (i) to issue a new special recreation permit; (ii) to add a new or additional use to an existing special recreation permit; or (iii) to make special recreation permits available to members of the public. (2) Updates The Secretary concerned shall ensure that information published on the website under this subsection is consistently updated to provide current and correct information to the public. (3) Electronic mail notification The Secretary concerned shall— (A) establish a system by which potential special recreation permit applicants may subscribe to receive notification of the availability of special recreation permits by electronic mail; and (B) direct employees of the Department of Agriculture or the Department of the Interior, as applicable, to use that system to notify the public of the availability of special recreation permits. (b) Permit application acknowledgment Not later than 60 days after the date on which the Secretary of the Interior receives a completed application or the Secretary of Agriculture receives a complete proposal for a special recreation permit for a public land unit, the Secretary concerned shall— (1) provide to the applicant notice acknowledging receipt of the application or proposal; and (2) (A) issue a final decision with respect to the application or proposal; or (B) provide to the applicant notice of a projected date for a final decision on the application or proposal. 7. Permits for multijurisdictional trips (a) Single joint special recreation permits (1) In general In the case of a multijurisdictional trip, the Federal land management agencies with jurisdiction over the multijurisdictional trip may offer to the applicant a single joint special recreation permit that authorizes the use of each public land unit under the jurisdiction of those Federal land management agencies. (2) Lead agency In offering a single joint special recreation permit under paragraph (1), the applicable Federal land management agencies shall designate a lead agency for administering the single joint special recreation permit based on the following considerations: (A) The length of the multijurisdictional trip and the relative portions of the multijurisdictional trip on each public land unit. (B) The congressional or administrative designations that apply to the areas to be used during the multijurisdictional trip and the degree to which those designations impose limitations on recreational use. (C) The relative ability of the Federal land management agencies with jurisdiction over the multijurisdictional trip to respond to the single joint special recreation permit application in a timely manner. (D) Other relevant administrative considerations. (3) Application An applicant desiring to be offered a single joint special recreation permit under paragraph (1) shall submit to the lead agency an application, as required by the lead agency. (4) Option to apply for separate permits An applicant for a special recreation permit for a multijurisdictional trip may apply to each applicable Federal land management agency for a separate permit for the portion of the multijurisdictional trip on the public land unit managed by each applicable Federal land management agency. (5) Prohibitions Nothing in this section allows an activity that would otherwise be prohibited on the public land unit at which the activity would take place. (b) Requirements In issuing a single joint special recreation permit under subsection (a), the lead agency shall— (1) coordinate with each associated agency, consistent with the authority of the Secretary concerned under section 330 of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( 43 U.S.C. 1703 ), to develop and issue 1 joint permit that covers the entirety of the multijurisdictional trip; (2) in processing the joint special recreation permit application, incorporate the findings, interests, and needs of the associated agency; (3) in issuing the joint special recreation permit, clearly identify the agencies that have the authority to enforce the terms, stipulations, conditions and agreements of the joint special recreation permit, as determined under subsection (d); and (4) complete the permitting process within a reasonable timeframe. (c) Cost recovery The coordination with the associated agency under subsection (b) shall not be subject to cost recovery. (d) Enforcement authority (1) Delegation of authority to lead agency In administering a single joint special recreation permit under subsection (a), the associated agency shall delegate to the lead agency the authority— (A) to enforce the terms, stipulations, conditions, and agreements of the joint special recreation permit, as may be required by the regulations of the Secretary of the associated agency; and (B) to suspend, terminate, or revoke the joint special recreation permit for— (i) noncompliance with Federal, State, or local laws and regulations; (ii) noncompliance with the terms of the joint special recreation permit; or (iii) failure of the holder of the joint special recreation permit to exercise the privileges granted by the joint special recreation permit. (2) Retention of authority by the associated agency The associated agency shall retain the authority to enforce the terms, stipulations, conditions, and agreements in the joint special recreation permit that apply specifically to the use occurring on the public land unit managed by the associated agency. (e) Withdrawal (1) In general The lead agency or an associated agency may withdraw from a joint special recreation permit at any time. (2) Issuance of separate permits (A) In general In the case of a withdrawal by 1 or more agencies under paragraph (1), if the holder of the joint special recreation permit is in compliance with the requirements of the joint special recreation permit, the lead agency and each associated agency shall issue to the holder of the joint special recreation permit a new, separate special recreation permit for any use occurring on the public land unit managed by the agency. (B) Requirements A special recreation permit issued under subparagraph (A) shall contain the same or substantially similar terms, conditions, and operating stipulations as the joint special recreation permit from which an agency has withdrawn under paragraph (1). (C) No new application The holder of a joint special recreation permit from which an agency has withdrawn under paragraph (1) shall not be required to submit a new application for a separate special recreation permit under subparagraph (A). (f) Treatment of public land units charging entrance fees For any trip that originates on, or outside of, but passes through, a public land unit that charges entrance fees, entrance fees may be collected in addition to the special recreation permit fees (as defined in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 )). 8. Forest Service permit use reviews (a) In general If the Secretary of Agriculture (referred to in this section as the Secretary ) conducts a special recreation permit use review in renewing a special recreation permit or adjusting allocations of use in a special recreation permit, the Secretary shall— (1) take into consideration the performance of the special recreation permit holder during the reviewed period; and (2) if the special recreation permit holder receives a satisfactory performance review, allocate to the special recreation permit holder the highest level of actual annual use during the period under review plus 25 percent of that use, not to exceed the level allocated to the special recreation permit holder on the date on which the special recreation permit was issued. (b) Additional capacity (1) In general If additional use capacity is available, the Secretary may, at any time, assign additional use capacity to 1 or more qualified recreation service providers. (2) Assignment not subject to cap on use Notwithstanding subsection (a), in assigning additional use capacity under paragraph (1), the Secretary may assign additional use capacity to an existing special recreation permit holder even if that assignment would exceed the amount of use allocated to the special recreation permit holder on the date on which the special recreation permit was issued. (c) Waiver The Secretary may waive a special recreation permit use review for any period during which use of the assigned capacity has been prevented by a circumstance beyond the control of the special recreation permit holder, such as— (1) unfavorable weather; (2) fire; (3) natural disaster; (4) wildlife displacement; (5) business interruption; (6) insufficient availability of hunting and fishing licenses; or (7) significant seasonal variability or off-peak periods within the allocated period of use. (d) Approval of non-use (1) In general In any circumstance for which the holder of a special recreation permit would qualify for a waiver under subsection (c), on request of the holder of the special recreation permit, the Secretary may approve non-use by the holder of the special recreation permit without reducing the number of service days assigned to the special recreation permit. (2) Temporary reassignment of use The Secretary may temporarily assign any period of non-use approved under paragraph (1) to any other existing or potential permittee. 9. Liability (a) Exculpatory agreements (1) In general A Federal land management agency shall not implement, administer, or enforce any regulation, guidance, or policy regarding the use of an exculpatory agreement between a special recreation permit holder and a customer of the special recreation permit holder relating to services provided under a special recreation permit. (2) Savings clause Nothing in this subsection preempts, displaces, modifies, or eliminates any State law (including common law) regarding exculpatory agreements. (b) Indemnification by government entities The Secretary concerned may not require a recreation service provider to indemnify the United States as a condition for issuing a special recreation permit for a public land unit under section 803(h) of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6802(h) ) if— (1) the recreation service provider is prohibited by State or local law from providing indemnification to the United States; and (2) the recreation service provider— (A) carries the minimum amount of liability insurance coverage required by the issuing agency for the activities conducted under the special recreation permit; or (B) is self-insured for the same amount. 10. Cost recovery reform (a) Revision of regulations (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 251.58 of title 36, Code of Federal Regulations, and the Secretary of the Interior shall revise subsections (e) and (f) of section 2932.31 of title 43, Code of Federal Regulations, to be consistent with this section. (2) Limitation In carrying out paragraph (1), the Secretary of Agriculture and the Secretary of the Interior shall not include anything in the revised regulations that would limit the authority of the Secretary concerned to issue or renew special recreation permits. (b) De minimis exemption from cost recovery (1) In general Any regulation promulgated by the Secretary of the Interior or the Secretary of Agriculture to establish fees to recover the costs of processing an application for a special recreation permit issued by the Forest Service or the Bureau of Land Management, or for monitoring an authorization under a special recreation permit issued by the Forest Service or the Bureau of Land Management, shall include an exemption providing that fees may not be recovered for not less than the first 50 hours of work necessary in any 1 year to process the application or monitor the authorization. (2) Multiple applications In situations involving multiple applications for special recreation permits issued by the Forest Service or the Bureau of Land Management for similar services in the same public land unit or area that, in the aggregate, require more hours to process than are exempt under the regulations promulgated under paragraph (1), the Secretary concerned shall, regardless of whether the applications are solicited or unsolicited and whether there is competitive interest— (A) determine the share of the aggregate quantity of hours to be allocated to each application on an equal or prorated basis, as appropriate; and (B) for each application, apply a separate exemption as specified in the regulations promulgated under paragraph (1) to the share of the aggregate hours allocated to the application. (c) Cost reduction To the maximum extent practicable, the agency processing an application for a special recreation permit shall use existing studies and analysis to reduce the quantity of work and costs necessary to process the application. 11. Extension of special recreation permits (a) In general Subject to subsection (b), if the holder of a long-term special recreation permit makes a timely and sufficient request for renewal of the long-term special recreation permit, the expiration of the permit shall be tolled in accordance with the undesignated matter following section 558(c)(2) of title 5, United States Code, until such time as the request for renewal has been finally determined by the Secretary concerned. (b) Limitation Any tolling under subsection (a) shall be for a period of not more than 5 years. (c) Responsibility of the Secretary concerned Before allowing the expiration of a permit to be tolled under subsection (a), the Secretary concerned, to the maximum extent practicable, shall complete the renewal process. 12. Effect (a) In general Except as provided in subsection (b), nothing in this Act (including an amendment made by this Act) affects the authority or responsibility of the Secretary of the Interior to award concessions contracts for the provision of accommodations, facilities, and services, or commercial use authorizations to provide services, to visitors to units of the National Park System under subchapter II of chapter 1019 of title 54, United States Code. (b) Exception Notwithstanding subsection (a), subsections (a), (b), and (d) of section 4, subsections (a) and (b) of section 5, and sections 7 and 9 shall apply to commercial use authorizations under subchapter II of chapter 1019 of title 54, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1229is/xml/BILLS-117s1229is.xml |
117-s-1230 | II 117th CONGRESS 1st Session S. 1230 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Cramer (for himself, Ms. Warren , Ms. Lummis , Ms. Hirono , Mrs. Feinstein , Mr. Rounds , and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Bank Service Company Act to provide improvements with respect to State banking agencies, and for other purposes.
1. Short title This Act may be cited as the Bank Service Company Examination Coordination Act of 2021 . 2. Bank Service Company Act improvements The Bank Service Company Act ( 12 U.S.C. 1861 et seq.) is amended— (1) in section 1(b)— (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and (B) by inserting after paragraph (1) the following: (2) the term State banking agency shall have the same meaning given the term State Bank Supervisor under section 3 of the Federal Deposit Insurance Act; ; (2) in section 5(a), by inserting , in consultation with the State banking agency, after banking agency ; and (3) in section 7— (A) in subsection (a)— (i) in the first sentence, by inserting or State banking agency after appropriate Federal banking agency ; and (ii) in the second sentence, by striking Federal banking agency that supervises any other shareholder or member and inserting Federal or State banking agency that supervises any other shareholder or member ; (B) in subsection (c)— (i) by inserting or a State banking agency after appropriate Federal banking agency ; and (ii) by striking such agency each place such term appears and inserting such Federal or State agency ; (C) by redesignating subsection (d) as subsection (f); (D) by inserting after subsection (c) the following: (d) Availability of information Information obtained pursuant to the regulation and examination of service providers under this section or applicable State law may be furnished by and accessible to Federal and State agencies to the same extent that supervisory information concerning depository institutions is authorized to be furnished to and required to be accessible by Federal and State agencies under section 7(a)(2) of the Federal Deposit Insurance Act ( 12 U.S.C. 1817(a)(2) ) or State law, as applicable. (e) Coordination with State Banking Agencies Where a State bank is principal shareholder or principal member of a bank service company or where a State bank is any other shareholder or member of the bank service company, the appropriate Federal banking agency, in carrying out examinations authorized by this section, shall— (1) provide reasonable and timely notice to the State banking agency; and (2) to the fullest extent possible, coordinate and avoid duplication of examination activities, reporting requirements, and requests for information. ; (E) in subsection (f), as so redesignated, by inserting , in consultation with State banking agencies, after appropriate Federal banking agencies ; and (F) by adding at the end the following: (g) Rule of construction Nothing in this section shall be construed as granting authority for a State banking agency to examine a bank service company where no such authority exists in State law. . 3. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s1230is/xml/BILLS-117s1230is.xml |
117-s-1231 | II 117th CONGRESS 1st Session S. 1231 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Portman (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Construction Consensus Procurement Improvement Act of 2020 to correct a provision on the prohibition on the use of a reverse auction, and for other purposes.
1. Short title This Act may be cited as the Construction Consensus Procurement Improvement Technical Corrections Act . 2. Amendment Section 402 of the Construction Consensus Procurement Improvement Act of 2020 (title IV of division U of Public Law 116–260 ) is amended to read as follows: 402. Prohibition on use of a reverse auction for the award of a contract for design and construction services (a) Findings Congress makes the following findings: (1) In contrast to a traditional auction in which the buyers bid up the price, sellers bid down the price in a reverse auction. (2) Reverse auctions, while providing value for the vast majority of Federal acquisitions, including certain construction-related acquisitions, are limited in value for complex, specialized, or substantial design and construction services. (b) Reverse auction defined In this section, the term reverse auction means, with respect to any procurement by an executive agency, a real-time auction generally conducted through an electronic medium among two or more offerors who compete by submitting bids for a supply or service contract, or a delivery order, task order, or purchase order under the contract, with the ability to submit revised lower bids at any time before the closing of the auction. (c) Prohibition (1) In general Not later than 270 days after the date of the enactment of this section, the Federal Acquisition Regulation shall be amended to prohibit the use of reverse auctions for awarding contracts for complex, specialized, or substantial design and construction services. (2) Applicability to acquisitions above the simplified acquisition threshold The prohibition on reverse auctions for complex, specialized, or substantial design and construction services shall apply only to acquisitions above the simplified acquisition threshold (SAT) for construction and design services pursuant to part 36 of the Federal Acquisition Regulation. (d) Rulemaking for complex, specialized, or substantial services Not later than 180 days after the date of the enactment of this section, the Federal Acquisition Regulatory Council shall promulgate a definition of complex, specialized, or substantial design and construction services, which shall include— (1) site planning and landscape design; (2) architectural and engineering services (as defined in section 1102 of title 40, United States Code); (3) interior design; (4) performance of substantial construction work for facility, infrastructure, and environmental restoration projects; and (5) construction or substantial alteration of public buildings or public works. (e) Rule of construction Nothing in this section shall be construed to restrict the use of reverse auctions for the procurement of other goods and services except as specifically provided for under this section. Not later than two years after the date of the enactment of this section, the Administrator of General Services shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the effectiveness of this section in delivering complex, specialized, or substantial design and construction services to the United States Government. . 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage . | https://www.govinfo.gov/content/pkg/BILLS-117s1231is/xml/BILLS-117s1231is.xml |
117-s-1232 | II 117th CONGRESS 1st Session S. 1232 IN THE SENATE OF THE UNITED STATES April 20, 2021 Ms. Baldwin introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To modify the maximum paycheck protection program loan amount for farmers and ranchers, sole proprietors, independent contractors, and self-employed individuals.
1. Calculation of maximum PPP loan amount (a) In general Section 7(a)(36)(V) of the Small Business Act ( 15 U.S.C. 636(a)(36)(V) ) is amended— (1) by striking clause (i) and inserting the following: (i) Definition In this subparagraph, the term covered recipient means an eligible recipient that— (I) (aa) operates as a sole proprietorship, as an independent contractor, or as a partnership with gross farming income from self-employment; or (bb) is an eligible self-employed individual; (II) reports farm income or expenses on a Schedule F (or any equivalent successor schedule); and (III) was in business as of February 15, 2020. ; and (2) by striking clause (iv) and inserting the following: (iv) Partnerships with no employees With respect to a partnership without employees, the maximum covered loan amount shall be equal to the sum of— (I) the product obtained by multiplying— (aa) the gross income, limited to the amount attributable to general partners as determined by the sum of their distributive shares of gross farming income from self-employment, that is not more than $100,000 per partner, and no more than $500,000 in total, divided by 12; and (bb) 2.5; and (II) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on January 31, 2020 and ending on April 3, 2020 that the borrower intends to refinance under the covered loan, not including any amount of any advance under the loan that is not required to be repaid. (v) Recalculation (I) In general A lender that made a covered loan before the date of enactment of the PPP Flexibility for Farmers, Ranchers, and the Self-Employed Act may, at the request of the covered recipient— (aa) recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause (ii), (iii), or (iv), as applicable, if doing so would result in a larger covered loan amount; and (bb) provide the covered recipient with additional covered loan amounts based on that recalculation. (II) Loan limitation For purposes of receiving a recalculated loan amount related to a covered loan under subclause (I), paragraph (37)(F) shall not apply. (III) Effect of forgiveness Subject to rules issued by the Administrator, a covered recipient shall be eligible to submit a request for a recalculated loan amount related to a covered loan under subclause (I) without regard to whether the covered recipient has sought or received forgiveness with respect to the applicable covered loan under section 7A. (IV) Forgiveness of recalculated loan amount For purposes of this subparagraph, as soon as is practicable upon expenditure of additional covered loan amounts provided under subclause (I)— (aa) an eligible recipient shall attest to compliance with applicable requirements under this paragraph; and (bb) the additional covered loan amounts shall be forgiven under section 7A. (V) Reimbursement for loan processing The Administrator shall reimburse a lender for processing recalculation requests under this clause in an amount determined by the Administrator. . (b) Effective date; applicability The amendments made by subsection (a) shall be effective as if included in the CARES Act ( Public Law 116–136 ) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ) before, on, or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1232is/xml/BILLS-117s1232is.xml |
117-s-1233 | II 117th CONGRESS 1st Session S. 1233 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Cardin (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to simplify reporting requirements, promote tax compliance, and reduce tip reporting compliance burdens in the beauty service industry.
1. Short title This Act may be cited as the Small Business Tax Fairness and Compliance Simplification Act . 2. Extension of credit for portion of employer social security taxes paid with respect to employee tips to beauty service establishments (a) Extension of tip credit to beauty service business (1) In general Section 45B(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (2) Application only to certain lines of business In applying paragraph (1) there shall be taken into account only tips received from customers or clients in connection with the following services: (A) The providing, delivering, or serving of food or beverages for consumption, if the tipping of employees delivering or serving food or beverages by customers is customary. (B) The providing of beauty services to a customer or client if the tipping of employees providing such services is customary. . (2) Beauty service defined Section 45B of such Code is amended by adding at the end the following new subsection: (e) Beauty service For purposes of this section, the term beauty service means any of the following: (1) Barbering and hair care. (2) Nail care. (3) Esthetics. (4) Body and spa treatments. . (b) Credit determined with respect to minimum wage in effect Section 45B(b)(1)(B) of the Internal Revenue Code of 1986 is amended— (1) by striking as in effect on January 1, 2007, and ; and (2) by inserting , and in the case of food or beverage establishments, as in effect on January 1, 2007 after without regard to section 3(m) of such Act . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 3. Employer tip reporting safe harbor (a) In general Section 3121(q) of the Internal Revenue Code of 1986 is amended— (1) by striking so much as precedes of this chapter and inserting the following: (q) Tips included for both employee and employer taxes (1) In general For purposes ; and (2) by adding at the end the following new paragraph: (2) Tip program safe harbor In the case of an employer who employs one or more employees who receive tips in the course of such employment which are attributable to the performance of beauty services (as such term is defined in section 45B) are considered remuneration for such employment under this section, no IRS tip examination with respect to such employer shall be initiated (except in the case of a tip examination of a current or former employee) if the employer— (A) establishes an educational program regarding applicable laws relating to proper reporting of tips received by employees for— (i) new employees, which shall include both verbal explanation and written materials, and (ii) existing employees, which shall be conducted quarterly, (B) establishes procedures for tipped employees to provide monthly reporting of cash and charged services and related tip income of at least $20 under section 6053(a), (C) complies with all applicable Federal tax law requirements applicable to employers for purposes of filing returns, and collection and payment of taxes imposed, with respect to tip income received by employees, and (D) maintains employee records related to— (i) contact information for such employees, and (ii) gross receipts from any services subject to tipping, and charge receipts for such services, for a period of not less than 4 calendar years after the calendar year to which the records relate. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 4. Information reporting of income from space rentals in the beauty service industry (a) In general Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 6050Z. Returns relating to income from certain rentals of space in the beauty service industry (a) Requirement of reporting Any person who, in the course of a trade or business and for any calendar year, receives rental payments from two or more individuals providing beauty services (as defined in section 45B(e)) aggregating $600 or more each for the lease of space to provide such services to third-party patrons shall make the return described in subsection (b) with respect to each person from whom such rent was so received at such time as the Secretary may by regulations prescribe. (b) Return A return is described in this subsection if such return— (1) is in such form as the Secretary may prescribe, and (2) contains— (A) the name, address, and TIN of each person from whom a rental payment described in subsection (a) was received during the calendar year, (B) the aggregate amount of such payments received by such person during such calendar year and the date and amount of each such payment, and (C) such other information as the Secretary may require. (c) Statement To be furnished to persons with respect to whom information is required (1) In general Every person required to make a return under subsection (a) shall furnish to each person whose name is required to be set forth in such return a written statement showing— (A) the name, address, and phone number of the information contact of the person required to make such a return, and (B) the aggregate amount of payments to the person required to be shown on the return. (2) Furnishing of information The written statement required under paragraph (1) shall be furnished to the person on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. (d) Regulations and guidance The Secretary may prescribe such regulations and other guidance as may be appropriate or necessary to carry out the purpose of this subsection, including rules to prevent duplicative reporting of transactions. . (b) Clerical amendment The table of sections for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: Sec. 6050Z. Returns relating to income from certain rentals of space in the beauty service industry. . (c) Effective date The amendments made by this section shall apply to payments made after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1233is/xml/BILLS-117s1233is.xml |
117-s-1234 | II 117th CONGRESS 1st Session S. 1234 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To support States in their work to end preventable morbidity and mortality in maternity care by using evidence-based quality improvement to protect the health of mothers during pregnancy, childbirth, and in the postpartum period and to reduce neonatal and infant mortality, to eliminate racial disparities in maternal health outcomes, and for other purposes.
1. Short title This Act may be cited as the Maternal Care Access and Reducing Emergencies Act or the Maternal CARE Act . 2. Findings Congress finds the following: (1) In the United States, maternal mortality rates are among the highest in the developed world and increased by 26.6 percent between 2000 and 2014. (2) Of the 4,000,000 American women who give birth each year, about 700 suffer fatal complications during pregnancy, while giving birth, or during the postpartum period, and an additional 50,000 are severely injured. (3) It is estimated that about 60 percent of the maternal mortalities in the United States could be prevented and half of the maternal injuries in the United States could be reduced or eliminated with better care. (4) Data from the Centers for Disease Control and Prevention show that Black women are 3 to 4 times more likely to die from pregnancy-related causes than White women. There are 42.8 deaths per 100,000 live births for Black women, compared to 13 deaths per 100,000 live births for White women and 17.2 deaths per 100,000 live births for women nationally. (5) Black women’s risk of maternal mortality has remained higher than White women’s risk for the past 6 decades. (6) Black women in the United States suffer from life-threatening pregnancy complications twice as often as their White counterparts. (7) High rates of maternal mortality among Black women span income and education levels, as well as socioeconomic status; moreover, risk factors such as a lack of access to prenatal care and physical health conditions do not fully explain the racial disparity in maternal mortality. (8) A growing body of evidence indicates that stress from racism and racial discrimination results in conditions—including hypertension and pre-eclampsia—that contribute to poor maternal health outcomes among Black women. (9) Pervasive racial bias against Black women and unequal treatment of Black women exist in the health care system, often resulting in inadequate treatment for pain and dismissal of cultural norms with respect to health. A 2016 study by University of Virginia researchers found that White medical students and residents often believed biological myths about racial differences in patients, including that Black patients have less-sensitive nerve endings and thicker skin than their White counterparts. Providers, however, are not consistently required to undergo implicit bias, cultural competency, or empathy training. (10) North Carolina has established a statewide Pregnancy Medical Home (PMH) program, which aims to reduce adverse maternal health outcomes and maternal deaths by incentivizing maternal health care providers to provide integral health care services to pregnant women and new mothers. According to the North Carolina Department of Health and Human Services Center for Health Statistics, the pregnancy-related mortality rate for Black women was approximately 5.1 times higher than that of White women in 2004. Almost a decade later, in 2013, the pregnancy-related mortality rates for Black women and White women were 24.3 and 24.2 deaths per 100,000 live births, respectively. The PMH program has been credited with the convergence in pregnancy-related mortality rates because the program partners each high-risk pregnant and postpartum woman that is covered under Medicaid with a pregnancy care manager. 3. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of Health and Human Services. (2) State The term State has the meaning given that term in section 1101 of the Social Security Act ( 42 U.S.C. 1301 ) for purposes of title XIX of that Act ( 42 U.S.C. 1396 et seq.). 4. Implicit bias training for health care providers (a) Grant program The Secretary shall establish a grant program under which such Secretary awards grants to accredited schools of allopathic medicine, accredited schools of osteopathic medicine, accredited nursing schools, other health professional training programs, and other entities for the purpose of supporting implicit bias training, with priority given to such training with respect to obstetrics and gynecology. (b) Collaboration required In developing requirements for implicit bias training carried out with grant funds awarded under this section, the Secretary shall collaborate with relevant stakeholders that specialize in addressing health equity, including— (1) health care providers who serve pregnant women, including doctors, nurses, and midwives; (2) academic institutions, including schools and training programs described in subsection (a); (3) community-based health workers, including perinatal health workers, doulas, and home visitors; and (4) community-based organizations. (c) Implicit bias training defined In this section, the term implicit bias training means evidence-based, on-going professional development and support, with respect to— (1) bias in judgment or behavior that results from subtle cognitive processes, including implicit attitudes and implicit stereotypes, that often operate at a level below conscious awareness and without intentional control; or (2) implicit attitudes and stereotypes that result in beliefs or simple associations that a person makes between an object and its evaluation that are automatically activated by the mere presence (actual or symbolic) of the attitude object. (d) Prioritization In awarding grants under this section, the Secretary shall give priority to awarding grants to schools, programs, or entities located in or serving areas with the greatest needs, based on such factors as the Secretary may consider, including racial disparities in maternal mortality and the incidence of severe maternal morbidity rates. (e) Authorization of appropriations There are authorized to be appropriated for purposes of carrying out the grant program under subsection (a), $5,000,000 for each of fiscal years 2022 through 2026. 5. Pregnancy medical home demonstration project (a) Authority to award grants The Secretary shall award grants to States for the purpose of establishing or operating State pregnancy medical home programs that meet the requirements of subsection (b) to deliver integrated health care services to pregnant women and new mothers and reduce adverse maternal health outcomes, maternal deaths, and racial health disparities in maternal mortality and morbidity. (b) State pregnancy medical home program requirements A State pregnancy medical home program meets the requirements of this subsection if— (1) the State works with relevant stakeholders to develop and carry out the program, including— (A) State and local agencies responsible for Medicaid, public health, social services, mental health, and substance abuse treatment and support; (B) health care providers who serve pregnant women, including doctors, nurses, and midwives; (C) community-based health workers, including perinatal health workers, doulas, and home visitors; and (D) community-based organizations and individuals representing the communities with— (i) the highest overall rates of maternal mortality and morbidity; and (ii) the greatest racial disparities in rates of maternal mortality and morbidity; (2) the State selects health care providers who serve pregnant women, including doctors, nurses, and midwives, to participate in the program as pregnancy medical homes, and requires that any provider that wishes to participate in the program as a pregnancy medical home— (A) commits to following evidence-based practices for maternity care, as developed by the State in consultation with relevant stakeholders; and (B) completes training to provide culturally and linguistically competent care; (3) under the program, each pregnancy medical home is required to conduct a standardized medical, obstetric, and psychosocial risk assessment for every patient of the medical home who is pregnant at the patient's first prenatal appointment with the medical home; (4) under the program, a care manager— (A) is assigned to each pregnancy medical home; and (B) coordinates care (including coordinating resources and referrals for health care and social services that are not available from the pregnancy medical home) for each patient of a pregnancy medical home who is eligible for services under the program; and (5) the program prioritizes pregnant and postpartum women who are uninsured or enrolled in the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.), or a waiver of such plan. (c) Grants (1) Limitation The Secretary may award a grant under this section to up to 10 States. (2) Period Grants under this section shall be for a 5-year period. (3) Prioritization In awarding grants under this section, the Secretary shall give priority to the States with the greatest racial disparities in maternal mortality and severe morbidity rates. (d) Report on grant impact and dissemination of best practices Not later than 1 year after all the grant periods awarded under this section have ended, the Secretary shall— (1) submit a report to Congress that describes— (A) the impact of the grants awarded under this section on maternal and child health; (B) best practices and models of care used by recipients of grants under this section; and (C) obstacles faced by recipients of grants under this section in delivering care, improving maternal and child health, and reducing racial disparities in rates of maternal and infant mortality and morbidity; and (2) disseminate information on best practices and models of care used by recipients of grants under this section (including best practices and models of care relating to the reduction of racial disparities in rates of maternal and infant mortality and morbidity) to interested parties, including health providers, medical schools, relevant State and local agencies, and the general public. (e) Authorization There are authorized to be appropriated to carry out this section, $25,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. 6. National Academy of Medicine Study (a) In general The Secretary shall enter into an arrangement with the National Academy of Medicine under which the National Academy agrees to study and make recommendations for incorporating bias recognition in clinical skills testing for accredited schools of allopathic medicine and accredited schools of osteopathic medicine. (b) Report The arrangement under subsection (a) shall provide for submission by the National Academy of Medicine to the Secretary and Congress, not later than 3 years after the date of enactment of this Act, of a report on the results of the study that includes such recommendations. | https://www.govinfo.gov/content/pkg/BILLS-117s1234is/xml/BILLS-117s1234is.xml |
117-s-1235 | II 117th CONGRESS 1st Session S. 1235 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mrs. Gillibrand (for herself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish a United States Commission on Hate Crimes to study and make recommendations on the prevention of the commission of hate crimes, and for other purposes.
1. Short title This Act may be cited as the Hate Crimes Commission Act of 2021 . 2. Findings The Congress finds as follows: (1) The Federal Bureau of Investigation (referred to in this section as the FBI ) defines a hate crime as a criminal offense—such as murder, arson, or vandalism—against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. (2) Forty-five States and the District of Columbia have statutes criminalizing various types of bias-motivated violence or intimidation. (3) Congress has enacted various statutes to address hate crimes since 1968, with the most recent statute enacted in 2009. (4) In 2019, hate crimes rose by 2.7 percent. (5) In 2019, 51 deaths from hate crimes were reported, the highest number since the FBI began reporting the statistic in the early 1990s. (6) Hate crimes not only damage the individual victim or victims, but also traumatize entire communities and erode public confidence in their safety. (7) In 2019, hate crimes directed at Latinos increased by almost 9 percent from the year before. (8) In 2019, hate crimes based on sexual orientation represented 16.7 percent of total hate crimes, and hate crimes based on gender identity represented 2.7 percent of total hate crimes, which was an increase from the year before. (9) In testimony before the Committee on Homeland Security of the House of Representatives in September 2020, FBI Director Christopher Wray said, Within the domestic terrorism bucket, the category as a whole, racially motivated violent extremism is, I think, the biggest bucket within that larger group. And within the racially motivated violent extremist bucket, people subscribing to some kind of white supremacist-type ideology is certainly the biggest chunk of that. . (10) The category of hate crime that increased the most in 2019 was anti-Semitic hate crimes, which rose by 14 percent. (11) In October 2018, a shooting at the Tree of Life synagogue in Pittsburgh, Pennsylvania left 11 people dead. (12) In July 2019, a Hindu priest in New York City was hospitalized after a man attacked him and screamed this is my neighborhood during the incident. (13) In August 2019, an assailant entered a Walmart in El Paso, Texas to target Hispanics and left 22 people dead. (14) In November 2020, a woman shouted anti-Muslim slurs and attacked a couple in New York City, leaving one victim needing surgery for facial fractures. (15) In response to the COVID–19 pandemic, Asian Americans have suffered an increasing number of hate crimes. According to Stop AAPI Hate, 2,808 hate incidents toward Asian Americans and Pacific Islanders were reported between March 2020 and December 2020. (16) Many hate crimes go unreported. In 2019, the number of law enforcement agencies providing hate crimes data to the FBI decreased, as only 14 percent of law enforcement agencies in the United States reported 1 or more hate crimes. (17) There is a clear need for stronger action to accurately report and effectively combat hate-based attacks. 3. Establishment of Commission (a) Establishment There is established the United States Commission on Hate Crimes (in this Act referred to as the Commission ). (b) Membership The Commission shall be composed of 12 members. Members of the Commission shall be appointed in accordance with the following: (1) Two members shall be appointed by the majority leader of the Senate. (2) Two members shall be appointed by the minority leader of the Senate. (3) Two members shall be appointed by the Speaker of the House of Representatives. (4) Two members shall be appointed by the minority leader of the House of Representatives. (5) Two members shall be jointly appointed by the 2 appointing officials under paragraphs (1) through (4) who are members of, or caucus with, the Democratic Party. (6) Two members shall be jointly appointed by the 2 appointing officials under paragraphs (1) through (4) who are members of, or caucus with, the Republican Party. (7) Not more than 6 members may be from the law enforcement community and not more than 6 members may be from the civil rights community. (8) Not more than 6 members may be from the same political party. 4. Duties of the Commission (a) Definition In this section, the term hate crime means an offense under section 249 of title 18, United States Code. (b) Investigation The Commission shall investigate the following: (1) Whether the number of hate crimes committed has increased during the period beginning on January 1, 2007, and ending on the date that is 60 days after the date of enactment of this Act. (2) To the extent that the Commission determines under paragraph (1) that the number of hate crimes committed has increased, the factors that have contributed to the increase. (3) Policies or actions that law enforcement agencies might adopt or engage in to reduce the commission of hate crimes. (4) The impact of underreporting on hate crimes statistics and hate crimes prevention. (5) Community bias prevention responses that are successful and possible through coordination with nonprofit organizations, local education agencies, and government entities. 5. Report Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President setting forth the results of the investigation conducted under section 4. | https://www.govinfo.gov/content/pkg/BILLS-117s1235is/xml/BILLS-117s1235is.xml |
117-s-1236 | II 117th CONGRESS 1st Session S. 1236 IN THE SENATE OF THE UNITED STATES April 20, 2021 Ms. Baldwin (for herself and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Secretary of Transportation to develop best practices for incorporating resilience into emergency relief projects, and for other purposes.
1. Short title This Act may be cited as the Rebuilding Stronger Infrastructure Act . 2. Emergency relief program (a) Definitions In this Act: (1) Emergency relief project The term emergency relief project means a project carried out under the emergency relief program under section 125 of title 23, United States Code. (2) Resilience (A) In general The term resilience means, with respect to a facility, the ability— (i) to anticipate, prepare for, or adapt to conditions; or (ii) to withstand, respond to, or recover rapidly from disruptions. (B) Inclusions The term resilience includes, with respect to a facility, the ability— (i) to resist hazards or withstand impacts from disruptions; (ii) to reduce the magnitude, duration, or impact of a disruption; or (iii) to have the absorptive capacity, adaptive capacity, and recoverability to decrease vulnerability to a disruption. (3) Secretary The term Secretary means the Secretary of Transportation. (b) Improving the emergency relief program Not later than 90 days after the date of enactment of this Act, the Secretary shall— (1) revise the emergency relief manual of the Federal Highway Administration— (A) to include and reflect the definition of the term resilience ; (B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and (C) to encourage the use of Complete Streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster; (2) develop best practices for improving the use of resilience in— (A) the emergency relief program under section 125 of title 23, United States Code; and (B) emergency relief efforts; (3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and (4) develop and implement a process to track— (A) the consideration of resilience as part of the emergency relief program under section 125 of title 23, United States Code; and (B) the costs of emergency relief projects. (c) Cost limitation Section 125(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Cost limitation The total cost of a project funded under this section may not exceed the cost of repair or reconstruction of a comparable facility unless the Secretary determines that the project incorporates economically justified betterments, including protective features to increase the resilience of the facility. . | https://www.govinfo.gov/content/pkg/BILLS-117s1236is/xml/BILLS-117s1236is.xml |
117-s-1237 | II 117th CONGRESS 1st Session S. 1237 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Blumenthal (for himself and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prevent the purchase of ammunition by prohibited purchasers.
1. Short title This Act may be cited as Jaime’s Law . 2. Purpose The purpose of this Act is to enhance the background check process in the United States to prevent the purchase of ammunition by individuals prohibited from doing so. 3. Transfers of firearms or ammunition (a) In general Section 922 of title 18, United States Code, is amended— (1) by striking subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as so redesignated— (A) by inserting or ammunition after firearm each place it appears except in paragraph (3); (B) in paragraph (1)(B)(ii), by inserting in the case of a firearm, before 3 ; (C) in paragraph (3)— (i) by striking all that precedes subparagraph (B) and inserting the following: (3) Paragraph (1) shall not apply to a transfer between a licensee and another person if— (A) (i) in the case of a firearm transfer— (I) such other person has presented to the licensee a permit that— (aa) allows such other person to possess or acquire a firearm; and (bb) was issued not more than 5 years earlier by the State in which the transfer is to take place; and (II) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of a firearm by such other person would be in violation of law; or (ii) in the case of an ammunition transfer— (I) such other person has presented to the licensee a permit that— (aa) allows such other person to possess or acquire ammunition, or to possess or acquire a firearm; and (bb) was issued not more than 5 years earlier by the State in which the transfer is to take place; and (II) the law of the State provides that such a permit is to be issued only after an authorized government official has verified that the information available to such official does not indicate that possession of ammunition by such other person would be in violation of law; ; and (ii) in subparagraph (C)(ii), by striking (as defined in subsection (s)(8)) ; and (D) by adding at the end the following: (7) In this subsection, the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. ; and (4) by inserting after subsection (s), as so redesignated, the following: (t) (1) (A) It shall be unlawful for any person who is not a licensed importer, licensed manufacturer, or licensed dealer to transfer ammunition to any other person who is not so licensed, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken possession of the ammunition for the purpose of complying with subsection (s). (B) Upon taking possession of ammunition under subparagraph (A), a licensee shall comply with all requirements of this chapter as if the licensee were transferring ammunition from the inventory of the licensee to the unlicensed transferee. (C) If a transfer of ammunition described in subparagraph (A) will not be completed for any reason after a licensee takes possession of the ammunition (including because the transfer of the ammunition to, or receipt of the ammunition by, the transferee would violate this chapter), the return of the ammunition to the transferor by the licensee shall not constitute the transfer of ammunition for purposes of this chapter. (2) Paragraph (1) shall not apply to— (A) a law enforcement agency or any law enforcement officer, armed private security professional, or member of the armed forces, to the extent the officer, professional, or member is acting within the course and scope of employment and official duties; (B) a transfer that is a loan or bona fide gift between spouses, between domestic partners, between parents and their children, between siblings, between aunts or uncles and their nieces or nephews, or between grandparents and their grandchildren; (C) a transfer to an executor, administrator, trustee, or personal representative of an estate or a trust that occurs by operation of law upon the death of another person; (D) a transfer if the transfer is necessary to prevent imminent death or great bodily harm, if the possession by the transferee lasts only as long as immediately necessary to prevent the imminent death or great bodily harm; or (E) a transfer, if the transferor has no reason to believe that the transferee will use or intends to use the ammunition in a crime or is prohibited from possessing ammunition under State or Federal law, and the transfer takes place and the transferee’s possession of the ammunition is exclusively— (i) at a shooting range or in a shooting gallery or other area designated for the purpose of target shooting; (ii) while reasonably necessary for the purposes of hunting, trapping, or fishing, if the transferor— (I) has no reason to believe that the transferee intends to use the ammunition in a place where it is illegal; and (II) has reason to believe that the transferee will comply with all licensing and permit requirements for such hunting, trapping, or fishing; or (iii) while in the presence of the transferor. (3) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph may not include any provision requiring licensees to facilitate transfers in accordance with paragraph (1). (C) Regulations promulgated under this paragraph may not include any provision requiring persons not licensed under this chapter to keep records of background checks of ammunition transfers. (D) Regulations promulgated under this paragraph may not include any provision limiting the amount of any fee a licensee may charge to facilitate transfers in accordance with paragraph (1). (4) It shall be unlawful for a licensed importer, licensed manufacturer, or licensed dealer to transfer possession of ammunition to another person who is not so licensed unless the importer, manufacturer, or dealer has provided such other person with a notice of the prohibition under paragraph (1), and such other person has certified that such other person has been provided with this notice on a form prescribed by the Attorney General. . (b) Technical and conforming amendments (1) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B) . (2) Consolidated and further continuing appropriations act, 2012 Section 511 of title V of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 34 U.S.C. 40901 note) is amended by striking subsection 922(t) each place it appears and inserting subsection (s) or (t) of section 922 . 4. Rules of construction Nothing in this Act, or any amendment made by this Act, shall be construed to— (1) authorize the establishment, directly or indirectly, of a national firearms or ammunition registry; or (2) interfere with the authority of a State, under section 927 of title 18, United States Code, to enact a law on the same subject matter as this Act. 5. Effective date This Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1237is/xml/BILLS-117s1237is.xml |
117-s-1238 | II 117th CONGRESS 1st Session S. 1238 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mrs. Shaheen (for herself, Ms. Collins , Mr. King , Ms. Hassan , Ms. Sinema , Mr. Murphy , Mr. Menendez , Ms. Stabenow , Mr. Brown , Mrs. Gillibrand , Mr. Durbin , Mr. Blumenthal , Mr. Markey , Mr. Kaine , Mrs. Murray , Mr. Leahy , Mr. Cardin , Mr. Wyden , Ms. Smith , Ms. Warren , Mr. Sanders , Mr. Tester , Ms. Duckworth , Ms. Hirono , Mr. Merkley , Mrs. Feinstein , Mr. Whitehouse , Ms. Baldwin , Mr. Bennet , Ms. Rosen , Mr. Booker , Mr. Carper , Ms. Klobuchar , Mr. Van Hollen , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that members of the Armed Forces and their families have access to the contraception they need in order to promote the health and readiness of all members of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Access to Contraception for Servicemembers and Dependents Act of 2021 . 2. Findings Congress finds the following: (1) Women are serving in the Armed Forces at increasing rates, playing a critical role in the national security of the United States. Women comprise more than 18 percent of members of the Armed Forces, and as of fiscal year 2019, more than 390,000 women serve on active duty in the Armed Forces or in the reserve components. An estimated several thousand transgender men also serve on active duty in the Armed Forces and in the reserve components, in addition to non-binary members and those who identify with a different gender. (2) Ninety-five percent of women serving in the Armed Forces are of reproductive age and as of 2019, more than 700,000 female spouses and dependents of members of the Armed Forces on active duty are of reproductive age. (3) The TRICARE program covered more than 1,570,000 women of reproductive age in 2019, including spouses and dependents of members of the Armed Forces on active duty. Additionally, thousands of transgender dependents of members of the Armed Forces are covered by the TRICARE program. (4) The right to access contraception is grounded in the principle that contraception and the ability to determine if and when to have children are inextricably tied to one’s wellbeing, equality, and ability to determine the course of one’s life. These protections have helped access to contraception become a driving force in improving the health and financial security of individuals and their families. (5) Access to contraception is critical to the health of every individual capable of becoming pregnant. This Act is intended to apply to all individuals with the capacity for pregnancy, including cisgender women, transgender men, non-binary individuals, those who identify with a different gender, and others. (6) Studies have shown that when cost barriers to the full range of methods of contraception are eliminated, patients are more likely to use the contraceptive method that meets their needs, and therefore use contraception correctly and more consistently, reducing the risk of unintended pregnancy. (7) Under the TRICARE program, members of the Armed Forces on active duty have full coverage of all prescription drugs, including contraception, without cost-sharing requirements, in line with the Patient Protection and Affordable Care Act ( Public Law 111–148 ), which requires coverage of all contraceptive methods approved by the Food and Drug Administration for women and related services and education and counseling. However, members not on active duty and dependents of members do not have similar coverage of all methods of contraception approved by the Food and Drug Administration without cost-sharing when they obtain the contraceptive outside of a military medical treatment facility. (8) In order to fill gaps in coverage and access to preventive care critical for women’s health, the Patient Protection and Affordable Care Act ( Public Law 111–148 ) requires all non-grandfathered individual and group health plans to cover without cost-sharing preventive services, including a set of evidence-based preventive services for women supported by the Health Resources and Services Administration of the Department of Health and Human Services. These women’s preventive services include the full range of female-controlled contraceptive methods, effective family planning practices, and sterilization procedures, approved by the Food and Drug Administration. The Health Resources and Services Administration has affirmed that contraceptive care includes contraceptive counseling, initiation of contraceptive use, and follow-up care (such as management, evaluation, and changes to and removal or discontinuation of the contraceptive method). (9) The Defense Advisory Committee on Women in the Services has recommended that all the Armed Forces, to the extent that they have not already, implement initiatives that inform members of the Armed Forces of the importance of family planning, educate them on methods of contraception, and make various methods of contraception available, based on the finding that family planning can increase the overall readiness and quality of life of all members of the Armed Forces. (10) The military departments received more than 7,800 reports of sexual assaults involving members of the Armed Forces as victims or subjects during fiscal year 2019. Through regulations, the Department of Defense already supports a policy of ensuring that members of the Armed Forces who are sexually assaulted have access to emergency contraception, and the initiation of contraception if desired and medically appropriate. 3. Contraception coverage parity under the TRICARE program (a) Pharmacy benefits program Section 1074g(a)(6) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) Notwithstanding subparagraphs (A), (B), and (C), cost-sharing requirements may not be imposed and cost-sharing amounts may not be collected with respect to any eligible covered beneficiary for any prescription contraceptive on the uniform formulary provided through a retail pharmacy described in paragraph (2)(E)(ii) or through the national mail-order pharmacy program. . (b) TRICARE Select Section 1075 of such title is amended— (1) in subsection (c), by adding at the end the following new paragraph: (4) (A) Notwithstanding any other provision of this section, cost-sharing requirements may not be imposed and cost-sharing amounts may not be collected with respect to any beneficiary under this section for a service described in subparagraph (B) that is provided by a network provider. (B) A service described in this subparagraph is any method of contraception approved by the Food and Drug Administration, any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such method, care, or procedure. ; and (2) in subsection (f), by striking calculated as and inserting calculated (except as provided in subsection (c)(4)) as . (c) TRICARE Prime Section 1075a of such title is amended by adding at the end the following new subsection: (d) Prohibition on cost-Sharing for certain services (1) Notwithstanding subsections (a), (b), and (c), cost-sharing requirements may not be imposed and cost-sharing amounts may not be collected with respect to any beneficiary enrolled in TRICARE Prime for a service described in paragraph (2) that is provided under TRICARE Prime. (2) A service described in this paragraph is any method of contraception approved by the Food and Drug Administration, any contraceptive care (including with respect to insertion, removal, and follow up), any sterilization procedure, or any patient education or counseling service provided in connection with any such method, care, or procedure. . 4. Pregnancy prevention assistance at military medical treatment facilities for sexual assault survivors (a) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1074o the following new section: 1074p. Provision of pregnancy prevention assistance at military medical treatment facilities (a) Information and assistance The Secretary of Defense shall promptly furnish to sexual assault survivors at each military medical treatment facility the following: (1) Comprehensive, medically and factually accurate, and unbiased written and oral information about all methods of emergency contraception approved by the Food and Drug Administration. (2) Upon request by the sexual assault survivor, emergency contraception or, if applicable, a prescription for emergency contraception. (3) Notification of the right of the sexual assault survivor to confidentiality with respect to the information and care and services furnished under this section. (b) Information The Secretary shall ensure that information provided pursuant to subsection (a) is provided in language that— (1) is clear and concise; (2) is readily comprehensible; and (3) meets such conditions (including conditions regarding the provision of information in languages other than English) as the Secretary may prescribe in regulations to carry out this section. (c) Definitions In this section: (1) The term sexual assault survivor means any individual who presents at a military medical treatment facility and— (A) states to personnel of the facility that the individual experienced a sexual assault; (B) is accompanied by another person who states that the individual experienced a sexual assault; or (C) whom the personnel of the facility reasonably believes to be a survivor of sexual assault. (2) The term sexual assault means the conduct described in section 1565b(c) of this title that may result in pregnancy. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 1074p. Provision of pregnancy prevention assistance at military medical treatment facilities. . 5. Education on family planning for members of the Armed Forces (a) Education programs (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a uniform standard curriculum to be used in education programs on family planning for all members of the Armed Forces, including both men and women members. (2) Timing Education programs under paragraph (1) shall be provided to members of the Armed Forces as follows: (A) During the first year of service of the member. (B) At such other times as each Secretary of a military department determines appropriate with respect to members of the Armed Forces under the jurisdiction of such Secretary. (3) Sense of Congress It is the sense of Congress that the education programs under paragraph (1) should be evidence-informed and use the latest technology available to efficiently and effectively deliver information to members of the Armed Forces. (b) Elements The uniform standard curriculum for education programs under subsection (a) shall include the following: (1) Information for members of the Armed Forces on active duty to make informed decisions regarding family planning. (2) Information about the prevention of unintended pregnancy and sexually transmitted infections, including human immunodeficiency virus (commonly known as HIV ). (3) Information on— (A) the importance of providing comprehensive family planning for members of the Armed Forces, including commanding officers; and (B) the positive impact family planning can have on the health and readiness of the Armed Forces. (4) Current, medically accurate information. (5) Clear, user-friendly information on— (A) the full range of methods of contraception approved by the Food and Drug Administration; and (B) where members of the Armed Forces can access their chosen method of contraception. (6) Information on all applicable laws and policies so that members of the Armed Forces are informed of their rights and obligations. (7) Information on the rights of patients to confidentiality. (8) Information on the unique circumstances encountered by members of the Armed Forces and the effects of such circumstances on the use of contraception. | https://www.govinfo.gov/content/pkg/BILLS-117s1238is/xml/BILLS-117s1238is.xml |
117-s-1239 | II 117th CONGRESS 1st Session S. 1239 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for certain waste water management subsidies.
1. Modifications to income exclusion for certain waste water management subsidies (a) In general Section 136(a) of the Internal Revenue Code of 1986 is amended— (1) by striking any subsidy provided and inserting any subsidy— (1) provided , (2) by striking the period at the end and inserting , or , and (3) by adding at the end the following new paragraph: (2) provided (directly or indirectly) by a State or local government to a resident of such State or locality for the purchase or installation of any wastewater management measure, but only if such measure is with respect to the taxpayer’s principal residence. . (b) Definition of waste water management measure Section 136(c) of such Code is amended— (1) by striking Energy conservation measure in the heading thereof and inserting Definitions , (2) by striking In general in the heading of paragraph (1) and inserting Energy conservation measure , and (3) by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following: (2) Wastewater management measure For purposes of this section, the term wastewater management measure means any installation or modification of property primarily designed to manage wastewater (including septic tanks and cesspools) with respect to one or more dwelling units. . (c) Clerical amendments (1) The heading for section 136 of such Code is amended— (A) by inserting and waste water after energy , and (B) by striking provided by public utilities . (2) The item relating to section 136 in the table of sections of part III of subchapter B of chapter 1 of such Code is amended— (A) by inserting and waste water after energy , and (B) by striking provided by public utilities . (d) Effective date The amendments made by this section shall apply to amounts received after December 31, 2018. | https://www.govinfo.gov/content/pkg/BILLS-117s1239is/xml/BILLS-117s1239is.xml |
117-s-1240 | II 117th CONGRESS 1st Session S. 1240 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Brown (for himself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To expand and enhance the Manufacturing USA Program, and for other purposes.
1. Short title This Act may be cited as the Manufacturing USA Expansion Act of 2021 . 2. Expansion and enhancement of Manufacturing USA Program (a) Definitions In this section: (1) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 )). (2) Labor organization The term labor organization has the meaning given such term in section 8A(a) of the National Science Foundation Act of 1950. (3) Manufacturing USA center The term Manufacturing USA center means an institute described in section 34(d)(3)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d)(3)(B) ) and recognized by the Secretary under such section for purposes of participation in the Manufacturing USA Network. (4) Manufacturing USA institute The term Manufacturing USA institute means an institute described in section 34(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d) ) that is not a Manufacturing USA center. (5) Manufacturing USA Network The term Manufacturing USA Network means the network established under section 34(c) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(c) ). (6) Manufacturing USA Program The term Manufacturing USA Program means the program established under section 34(b)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(b)(1) ). (7) Minority-serving institution The term minority-serving institution means an eligible institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (8) National Program Office The term National Program Office means the National Program Office established under section 34(h)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(h)(1) ). (9) Tribal college or university The term Tribal college or university has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (b) Authorization of appropriations To enhance and expand Manufacturing USA Program and support innovation and growth in domestic manufacturing (1) In general There is authorized to be appropriated $2,410,000,000 for the period of fiscal years 2022 through 2026 for the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology and in coordination with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, to carry out the Manufacturing USA Program and to expand such program to support innovation and growth in domestic manufacturing. (2) Manufacturing USA institutes (A) In general Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $1,190,000,000 shall be available to support the establishment of new Manufacturing USA institutes during the period described in such paragraph. (B) Financial assistance The Secretary shall support the establishment of Manufacturing USA institutes under subparagraph (A) through the award of financial assistance under section 34(e) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e) ). (C) Assignment of Manufacturing USA institutes to Federal agency sponsors Following an open topic competition organized by the Director of the National Institute of Standards and Technology, the Secretary of Commerce, in consultation with the Secretary of Energy, the Secretary of Defense, and other relevant Federal agencies, may select an alternative Federal agency to sponsor a selected Manufacturing USA institute based on its technology and may transfer the appropriate funds to that alternative Federal agency for operation and programming of the selected Manufacturing USA institute. (D) Coordination with existing Manufacturing USA institutes (i) Coordination required In establishing new Manufacturing USA institutes under subparagraph (A), the Secretary of Commerce shall coordinate with the Secretary of Energy and the Secretary of Defense to ensure there is no duplication of effort or technology focus between new Manufacturing USA institutes and Manufacturing USA institutes that were in effect before the establishment of the new Manufacturing USA institutes. (ii) Consultation with existing Manufacturing USA institutes authorized In carrying out coordination under clause (i), the Secretary of Commerce may consult with Manufacturing USA institutes that were in effect before the establishment of new Manufacturing USA institutes under subparagraph (A) to inform the Department of Commerce of additional new Manufacturing USA institutes necessary to fill gaps in the support of innovation and growth in domestic manufacturing. (iii) Involvement of existing Manufacturing USA institutes authorized In coordination with the Secretary of Energy and the Secretary of Defense, the Secretary of Commerce may involve Manufacturing USA institutes that were in effect before the establishment of new Manufacturing USA institutes under subparagraph (A) in the planning and execution of the new Manufacturing USA institutes. (3) Manufacturing USA centers and public service grants Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $375,000,000 shall be available for the period described in such paragraph— (A) for the Secretary, acting through the Director and in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, to recognize additional institutes as Manufacturing USA institutes under section 34(d)(3)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d)(3)(B) ), giving particular consideration to partnerships and coordination with the Manufacturing USA institutes that were already in effect, when practicable; and (B) to support the activities of Manufacturing USA institutes and Manufacturing USA centers through the award of grants under section 34(f) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(f) ). (4) Commercialization, workforce training, and supply chain investment Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $100,000,000 shall be available for the period described in such paragraph to support such programming for commercialization, workforce training, and supply chain activities across the Manufacturing USA Network as the Secretary considers appropriate in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant. (5) Ongoing support for existing Manufacturing USA institutes (A) In general Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $725,000,000 shall be available for the period described in such paragraph to support Manufacturing USA institutes that were in effect on the day before the date of the enactment of this Act, of which $5,000,000 shall be available (without cost share) to each such Manufacturing USA institute each year for such period for ongoing operation of the institutes, including operational overhead, workforce training, and supply chain activities. (B) Additional support (i) In general Of the amounts specified in subparagraph (A), amounts shall be available for financial assistance awards to conduct projects as follows: (I) $100,000,000 shall be available for Manufacturing USA institutes that were established under section 34(e) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e) ) and that were in effect on the day before the date of the enactment of this Act. (II) $10,000,000 shall be available each year for the period described in such paragraph for each Manufacturing USA institute that is not receiving Manufacturing USA Program funding from any other Federal agency. (ii) Federal funds matching requirement A recipient of financial assistance for a project under clause (i) shall agree to make available to carry out the project an amount of non-Federal funds that is equal to or greater than 20 percent of the total cost of the project. (C) Renewal requirements Receipt of ongoing support under subparagraph (A) shall be subject to the requirements of section 34(e)(2)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e)(2)(B) ). (D) No cost share requirement The Secretary shall not impose any cost share or matching requirement on receipt of ongoing support under subparagraph (A). (6) Management of interagency solicitations and ongoing management Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $20,000,000 shall be available annually for the period described in such paragraph for the National Program Office to coordinate the activities of the Manufacturing USA Network and manage interagency solicitations. (c) Coordination between Manufacturing USA Program and Hollings Manufacturing Extension Partnership The Secretary shall coordinate the activities of the Manufacturing USA Program and the activities of Hollings Manufacturing Extension Partnership with each other to the degree that doing so does not diminish the effectiveness of the ongoing activities of a Manufacturing USA institute or a Center (as the term is defined in section 25(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(a) ), including Manufacturing USA institutes entering into agreements with a Center (as so defined) that the Secretary considers appropriate to provide services relating to the mission of the Hollings Manufacturing Extension Partnership, including outreach, technical assistance, workforce development, and technology transfer and adoption assistance to small- and medium-sized manufacturers. (d) Worker advisory council for Manufacturing USA Program (1) Establishment (A) In general The Secretary of Commerce shall, in coordination with the Secretary of Labor, the Secretary of Defense, the Secretary of Energy, and the Secretary of Education, establish an advisory council for the Manufacturing USA Program on the development and dissemination of techniques, policies, and investments for high-road labor practices, worker adaptation and success with technological change, and increased worker participation across the Manufacturing USA Network. (B) Membership The council established under subparagraph (A) shall be composed of not fewer than 15 members appointed by the Secretary of Commerce, of whom— (i) four shall be from labor organizations; (ii) four shall be from educational institutions; (iii) four shall be from labor-management training, workforce development, and nonprofit organizations, including those that focus on workforce diversity and inclusion; and (iv) three shall be from industry organizations or manufacturing firms, including small- and medium-sized manufacturers. (C) Period of appointment; vacancies (i) In general Each member of the council established under subparagraph (A) shall be appointed for a term of 3 years with the ability to renew the appointment for no more than 2 terms. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed. (D) Meetings (i) Initial meeting Not later than 180 days after the date of enactment of this Act, the council established under subparagraph (A) shall hold the first meeting. (ii) Additional meetings After the first meeting of the council, the council shall meet upon the call of the Secretary, and at least once every 180 days thereafter. (iii) Quorum A majority of the members of the council shall constitute a quorum, but a lesser number of members may hold hearings. (E) Chairperson and vice chairperson The Secretary shall elect 1 member of the council established under subparagraph (A) to serve as the chairperson of the council and 1 member of the council to serve as the vice chairperson of the council. (2) Duties of the council The council established under paragraph (1)(A) shall provide advice and recommendations to the Secretary of Commerce on matters concerning investment in and support of the manufacturing workforce relating to the following: (A) Worker participation, including through labor organizations, in the planning and deployment of new technologies across an industry and within workplaces. (B) Policies to help workers adapt to technological change, including training and education priorities for the Federal Government and for employer investments in workers. (C) Assessments of impact on workers of development of new technologies and processes by the Manufacturing USA institutes. (D) Management practices that prioritize job quality, worker protection, worker participation and power in decision making, and investment in worker career success. (E) Policies and procedures to prioritize diversity and inclusion in the manufacturing and technology workforce by expanding access to job, career advancement, and management opportunities for underrepresented populations. (F) Assessments of technology improvements achieved by the Manufacturing USA institutes and the degree of domestic deployment of each new technology. (G) Such other matters as the Secretary considers appropriate. (3) Report (A) Appropriate committees of Congress defined In this paragraph, the term appropriate committees of Congress means— (i) the Committee on Health, Education, Labor, and Pensions, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (ii) the Committee on Education and Labor, the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (B) Report required Not later than 180 days after the date on which the council established under paragraph (1)(A) holds its initial meeting under paragraph (1)(D)(i) and annually thereafter, the council shall submit to the appropriate committees of Congress a report containing a detailed statement of the advice and recommendations of the council pursuant to paragraph (2). (4) Compensation (A) Prohibition of compensation Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (B) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5) FACA applicability (A) In general In discharging its duties under this subsection, the council established under paragraph (1)(A) shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (B) Exception Section 14 of the Federal Advisory Committee Act shall not apply to the Council. (e) Participation of minority-Serving institutions, historically Black colleges and universities, and Tribal colleges and universities (1) In general The Secretary of Commerce, in coordination with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, shall coordinate with existing and new Manufacturing USA institutes to integrate covered entities as active members of the Manufacturing USA institutes, including through the development of preference criteria for proposals to create new Manufacturing USA institutes or renew existing Manufacturing USA institutes that include meaningful participation from a covered entity or that are led by a covered entity. (2) Covered entities For purposes of this subsection, a covered entity is— (A) a minority-serving institution; (B) an historically Black college or university; or (C) a Tribal college or university. (f) Department of Commerce policies To promote domestic production of technologies developed under Manufacturing USA Program (1) Definition of domestic In this subsection, the term domestic , with respect to development or production means development or production by, or with respect to source means the source is, a person incorporated or formed in the United States— (A) that is not under foreign ownership, control, or influence (FOCI) as defined in section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ); (B) whose beneficial owners, as defined in section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ), are United States persons; (C) whose management are United States citizens; (D) whose principal place of business is in the United States; and (E) who is not— (i) a foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity; or (ii) any joint venture if more than 10 percent of the joint venture (by vote or value) is held by a foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity. (2) Policies (A) In general The Secretary of Commerce, in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, shall establish policies to promote the domestic production of technologies developed by the Manufacturing USA Network. (B) Elements The policies developed under subparagraph (A) shall include the following: (i) Measures to partner domestic developers of goods, services, or technologies by Manufacturing USA Network activities with domestic manufacturers and sources of financing. (ii) Measures to develop and provide incentives to promote transfer of intellectual property and goods, services, or technologies developed by Manufacturing USA Network activities to domestic manufacturers. (iii) Measures to assist with supplier scouting and other supply chain development, including the use of the Hollings Manufacturing Extension Partnership to carry out such measures. (iv) A process to review and approve or deny membership in a Manufacturing USA institute by foreign-owned companies, especially from countries of concern, including the People’s Republic of China. (v) Measures to prioritize Federal procurement of goods, services, or technologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate. (C) Processes for waivers The policies established under this paragraph shall include processes to permit waivers, on a case by case basis, for policies that promote domestic production based on cost, availability, severity of technical and mission requirements, emergency requirements, operational needs, other legal or international treaty obligations, or other factors deemed important to the success of the Manufacturing USA Program. (3) Prohibition (A) Company defined In this paragraph, the term company has the meaning given such term in section 847(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2509 note). (B) In general A company of the People’s Republic of China may not participate in the Manufacturing USA Program or the Manufacturing USA Network without a waiver, as described in paragraph (2)(C). | https://www.govinfo.gov/content/pkg/BILLS-117s1240is/xml/BILLS-117s1240is.xml |
117-s-1241 | II 117th CONGRESS 1st Session S. 1241 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Portman (for himself, Mr. King , Mr. Coons , Mr. Braun , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the discharge of parent borrower liability if a student on whose behalf a parent has received certain student loans becomes disabled.
1. Short title This Act may be cited as Domenic and Ed’s Law . 2. Repayment of loans to parents (a) In general Section 437(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1087(d) ) is amended by inserting or becomes permanently and totally disabled (as determined in accordance with regulations of the Secretary), or if the student is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death, has lasted for a continuous period of not less than 60 months, or can be expected to last for a continuous period of not less than 60 months, after dies, . (b) Applicability The amendment made by subsection (a) shall apply to any outstanding loan that is received by a parent borrower before, on, or after the date of the enactment of this Act, and without regard to the onset date of the disability or impairment. | https://www.govinfo.gov/content/pkg/BILLS-117s1241is/xml/BILLS-117s1241is.xml |
117-s-1242 | II 117th CONGRESS 1st Session S. 1242 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Cotton (for himself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To establish the Office of Intelligence in the Department of Agriculture, and for other purposes.
1. Short title This Act may be cited as the Agricultural Intelligence Measures Act of 2021 or the AIM Act of 2021 . 2. Establishment of Office of Intelligence in Department of Agriculture (a) Establishment (1) In general Subtitle A of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6912 et seq.) is amended by adding at the end the following: 224B. Office of Intelligence (a) Establishment There is established in the Department an Office of Intelligence. The Office shall be under the National Intelligence Program. (b) Director (1) In general The Office shall be headed by the Director of the Office of Intelligence, who shall be an employee in the Senior Executive Service and who shall be appointed by the Secretary. The Director shall report directly to the Secretary. (2) Qualifications The Secretary shall select an individual to serve as the Director from among individuals who have significant experience serving in the intelligence community. (3) Staff The Director may appoint and fix the compensation of such staff as the Director considers appropriate, except that the Director may not appoint more than 5 full-time equivalent positions at an annual rate of pay equal to or greater than the maximum rate of basic pay for GS–15 of the General Schedule. (4) Detail of personnel of intelligence community Upon the request of the Director, the head of an element of the intelligence community may detail any of the personnel of such element to assist the Office in carrying out its duties. Any personnel detailed to assist the Office shall not be taken into account in determining the number of full-time equivalent positions of the Office under paragraph (3). (c) Duties The Office shall carry out the following duties: (1) The Office shall be responsible for leveraging the capabilities of the intelligence community and National Laboratories intelligence-related research, to ensure that the Secretary is fully informed of threats by foreign actors to United States agriculture. (2) The Office shall focus on understanding foreign efforts to— (A) steal United States agriculture knowledge and technology; and (B) develop or implement biological warfare attacks, cyber or clandestine operations, or other means of sabotaging and disrupting United States agriculture. (3) The Office shall prepare, conduct, and facilitate intelligence briefings for the Secretary and appropriate officials of the Department. (4) The Office shall operate as the liaison between the Secretary and the intelligence community, with the authority to request intelligence collection and analysis on matters related to United States agriculture. (5) The Office shall collaborate with the intelligence community to downgrade intelligence assessments for broader dissemination within the Department. (6) The Office shall facilitate sharing information on foreign activities related to agriculture, as acquired by the Department with the intelligence community. (d) Authorization of appropriations There is authorized to be appropriated for the Office $970,000 for fiscal year 2022. (e) Definitions In this section, the following definitions apply: (1) The term Director means the Director of the Office of Intelligence appointed under subsection (b). (2) The terms intelligence community and National Intelligence Program have the meaning given such terms in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) The term Office means the Office of Intelligence of the Department established under subsection (a). . (2) Conforming amendments (A) Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 (relating to Food Access Liaison) ( 7 U.S.C. 6925 ) as section 224A. (B) Section 296(b) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b) ) is amended by adding at the end the following: (11) The authority of the Secretary to carry out section 224B. . (b) Conforming amendments relating to existing functions and authorities (1) Existing functions of Office of Homeland Security of Department relating to intelligence on threats to food and agriculture critical infrastructure sector (A) In general Section 221(d) of the Department of Agriculture Reorganization Act ( 7 U.S.C. 6922(d) ) is amended— (i) by striking paragraphs (4) and (5); and (ii) by redesignating paragraphs (6) through (8) as paragraphs (4) through (6), respectively. (B) Transfer of related personnel and assets of Office of Homeland Security The functions which the Office of Homeland Security of the Department of Agriculture exercised under paragraphs (4) and (5) of section 221(d) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6922(d) ) before the effective date of this paragraph, together with the funds, assets, and other resources used by the Director of the Office of Homeland Security of the Department of Agriculture to carry out such functions before the effective date of this paragraph, are transferred to the Director of the Office of Intelligence of the Department of Agriculture. (2) Carrying out interagency exchange program for defense of food and agriculture critical infrastructure sector Section 221(e) of the Department of Agriculture Reorganization Act ( 7 U.S.C. 6922(e) ) is amended by adding at the end the following new paragraph: (3) Authority of Director of Office of Intelligence and Counterintelligence The Secretary shall carry out this subsection acting through the Director of the Office of Intelligence of the Department. . (3) Coordinating with intelligence community on potential threats to agriculture Section 335(a)(3) of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( 7 U.S.C. 3354(a)(3) ) is amended by striking strengthen coordination and inserting acting through the Director of the Office of Intelligence in the Department of Agriculture, strengthen coordination . (4) Effective date This subsection and the amendments made by this subsection shall take effect upon the appointment of the Director of the Office of Intelligence in the Department of Agriculture under section 224B(b) of the Department of Agriculture Reorganization Act of 1994 (as added by subsection (a)(1)). | https://www.govinfo.gov/content/pkg/BILLS-117s1242is/xml/BILLS-117s1242is.xml |
117-s-1243 | II 117th CONGRESS 1st Session S. 1243 IN THE SENATE OF THE UNITED STATES April 20, 2021 Ms. Ernst (for herself and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the equal employment opportunity functions of Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Improving VA Accountability To Prevent Sexual Harassment and Discrimination Act of 2021 . 2. Improvements to equal employment opportunity functions of Department of Veterans Affairs (a) Alignment of Equal Employment Opportunity Director (1) Reporting and duties Subsection (h) of section 516 of title 38, United States Code, is amended— (A) by striking The provisions and inserting (1) The provisions ; and (B) by adding at the end the following new paragraph: (2) Beginning not later than 90 days after the date of the enactment of the Improving VA Accountability To Prevent Sexual Harassment and Discrimination Act of 2021 , in carrying out paragraph (1), the Secretary shall ensure that the official of the Department who serves as the Equal Employment Opportunity Director of the Department— (A) reports directly to the Deputy Secretary with respect to the functions under this section; and (B) does not also serve in a position that has responsibility over personnel functions of the Department or other functions that conflict with the functions under this section. . (2) Conforming amendments Such section is further amended— (A) in subsection (b)(1), by inserting , in accordance with subsection (h)(2), after an Assistant Secretary or a Deputy Assistant Secretary ; and (B) in subsection (e)(1)(A), by striking the Assistant Secretary for Human Resources and Administration and inserting the Secretary . (b) Alignment of EEO program managers Such section is further amended by adding at the end the following new subsection: (i) In accordance with subsection (b), not later than December 31, 2021, the Secretary shall ensure that each Equal Employment Opportunity program manager of the Department at the facility level reports to the head of the Office of Resolution Management, or such successor office established pursuant to subsection (a), with respect to the equal employment functions of the program manager. . (c) Reporting harassment and employment discrimination complaints Subsection (a) of such section is amended— (1) by striking The Secretary and inserting (1) The Secretary ; and (2) by adding at the end the following new paragraph: (2) The Secretary shall ensure that the employment discrimination complaint resolution system established under paragraph (1) requires that any manager of the Department who receives a sexual or other harassment or employment discrimination complaint reports such complaint to the Office of Resolution Management, or successor office, immediately, or if such immediate reporting is impracticable, not later than two days after the date on which the manager receives the complaint. . (d) Training Subsection (c) of such section is amended— (1) by inserting (1) before The Secretary ; and (2) by adding at the end the following new paragraph: (2) (A) Beginning not later than September 30, 2021, the Secretary shall provide to each employee of the Department mandatory annual training on identifying and addressing sexual and other harassment and employment discrimination, including with respect to processes under the Harassment Prevention Program of the Department, or such successor program. (B) An employee of the Department who is hired on or after such date shall receive the first such mandatory annual training not later than 60 days after being hired. . (e) Harassment and employment discrimination policies and directives The Secretary of Veterans Affairs shall— (1) by not later than September 30, 2021, and on a regular basis thereafter, review the policies relating to sexual and other harassment and employment discrimination of the Department of Veterans Affairs to ensure that such policies are complete and in accordance with the sexual and other harassment and employment discrimination policies established by the Office of Resolution Management of the Department, or successor office; and (2) by not later than 180 days after the date of the enactment of this Act, issue a final directive and a handbook for the Harassment Prevention Program of the Department. (f) Semiannual reports Not later than 180 days after the date of the enactment of this Act, and semiannually thereafter for one year, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the progress the Secretary has made in carrying out this section and section 516 of title 38, United States Code, as amended by this section, including with respect to reporting sexual and other harassment and employment discrimination complaints pursuant to subsection (a)(2) of such section 516. | https://www.govinfo.gov/content/pkg/BILLS-117s1243is/xml/BILLS-117s1243is.xml |
117-s-1244 | II 117th CONGRESS 1st Session S. 1244 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Markey (for himself, Mr. Sanders , Mr. Padilla , Mr. Merkley , Mrs. Gillibrand , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the National and Community Service Act of 1990 to establish a Civilian Climate Corps to help communities respond to climate change and transition to a clean economy, and for other purposes.
1. Short title This Act may be cited as the Civilian Climate Corps for Jobs and Justice Act . 2. Findings Congress finds the following: (1) The effects of climate change include extreme heat, drought, intensified storms and hurricanes, rising sea level, ocean acidification, intensifying wildfires, and other natural disasters. (2) These natural disasters exert profound impacts on the lives and livelihoods of all individuals, but some communities, particularly low-income communities and communities of color, are disproportionately exposed and vulnerable to climate impacts and pollution. (3) To stem the worst effects of climate change, the global economy must completely decarbonize and remain carbon negative thereafter, which requires a domestic economy-wide transition to a clean and sustainable economy within a rapid timeframe. (4) Such a transition requires a massive labor mobilization and the development of a diverse, inclusive, and skilled workforce. Historically underserved communities must equitably receive the resources they need to effectively mitigate and adapt to climate change, and displaced or unemployed workers require retraining and support. (5) Millions of people face unemployment and barriers to opportunity, especially in low-income rural, urban, and tribal environments. These challenges have been exacerbated by the COVID–19 crisis, which also disproportionately affected low-income people and young people of color, who currently face unemployment at rates double the national average. (6) An existing network of national, State, tribal, and local service and conservation corps can be rapidly scaled and supplemented to mobilize labor, provide job opportunities and career training, and help establish the workforce necessary to accomplish the transition to a clean and just economy. (7) Corps positions provide hands-on work experience, income, and job training for unemployed individuals in the United States, as well as leadership skills, an opportunity for community service, and an understanding of environmental stewardship. (8) The Corporation for National and Community Service has the ability to recruit, select, fund, and oversee 1,500,000 members of service corps by 2025 to complete important projects across the entire country to help address the climate crisis. (9) Unsatisfactory wages and working conditions, and employers’ refusal to respect workers’ rights to organize and collectively bargain, lead to labor disputes, which threaten to frustrate or delay the urgent mobilization necessary to address climate change. Such disputes are prevented or minimized when the law effectively protects the right of workers to receive fair compensation and benefits, to form or join unions, to collectively bargain over the terms and conditions of employment, and to engage in other concerted activities for mutual aid or protection. 3. Civilian climate corps program (a) In general The National and Community Service Act of 1990 ( 42 U.S.C. 12501 et seq.) is amended by inserting after subtitle J of title I the following new subtitle: K Civilian Climate Corps 199O. Purpose; Definitions (a) Purpose It is the purpose of this subtitle to— (1) add to and increase the scale of the existing network of service programs to complete clean energy, climate resilience, conservation, environmental remediation, and sustainable infrastructure projects necessary to respond to and solve the climate crisis, while providing education, workforce development, and career pathways to participants, with a focus on historically underserved communities; and (2) authorize the operation of, support for, and assistance to service programs that meet national and community needs related to climate change, clean energy, and environmental justice. (b) Definitions In this subtitle: (1) Indian country The term Indian country has the meaning given that term in section 1151 of title 18, United States Code. (2) Under-resourced community of need The term under-resourced community of need means— (A) a community with significant representation of communities of color, low-income communities, or tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities; (B) communities in Indian country; (C) a community facing economic transition, deindustrialization, and historic underinvestment; or (D) a community with a high rate of poverty or unemployment, as determined by the Director in consultation with the advisory board established in section 199X (referred to in this subtitle as the advisory board ) and appropriate Federal resources identifying environmental justice communities. 199P. Establishment of a Civilian Climate Corps (a) In general The Corporation shall establish the Civilian Climate Corps to carry out the purpose of this subtitle. (b) Program components The Civilian Climate Corps authorized by subsection (a) shall operate two program components: (1) A national climate service program described in section 199Q, for which 66 percent of the funds appropriated to carry out this subtitle shall be made available for operation and administrative expenses. (2) A national climate service grant program described in section 199R, for which 34 percent of the funds appropriated to carry out this subtitle shall be made available for operation and administrative expenses. 199Q. National climate service program (a) In general Under the national climate service program component of the Civilian Climate Corps established by section 199P, participants shall work in teams on Civilian Climate Corps projects. (b) Eligible participants An individual shall be eligible for selection for the national climate service program if the individual is, or will be, at least 17 years of age on or before December 31 of the calendar year in which the individual enrolls in the program, regardless of immigration status. (c) Diverse background of participants; gender representation (1) In General In selecting individuals for the national climate service program, the Director appointed pursuant to section 199X(c)(1) (referred to in this subtitle as the Director ) shall ensure that eligible participants are from economically, geographically, and ethnically diverse backgrounds. The Director shall take appropriate steps to recruit and select participants such that not less than 50 percent of participants are from under-resourced communities of need. (2) Service in communities of origin To the extent practicable, the Director shall ensure that participants are provided opportunities to perform service in their communities of origin if desired. (3) Gender representation To the greatest extent practicable, the Director shall ensure inclusion and representation of all genders among participants. (4) Rural representation To the greatest extent practicable, the Director shall ensure inclusion and representation of participants from counties with a population of less than 50,000 residents. (d) Period of participation Individuals desiring to participate in the national service program shall enter into an agreement with the Director to participate in the Civilian Climate Corps for a period of not less than nine months and not more than one year, as specified by the Director. Individuals may renew the agreement for not more than one additional such period, with any number of years between periods of service. (e) Director Upon the establishment of the Civilian Climate Corps, the Civilian Climate Corps national climate service program shall be under the direction of the Director. (f) Membership in civilian climate corps (1) Selection of members The Director or the Director’s designee shall select individuals for participation within the national climate service program, which shall grant the individual membership within the Civilian Climate Corps. (2) Application for membership To be selected to become a member of the Civilian Climate Corps through the national climate service program, an individual shall submit an application to the Director or to any other office as the Director may designate, at such time, in such manner, and containing such information as the Director shall require. At a minimum, the application shall contain sufficient information to enable the Director, or the campus director of the appropriate campus, to determine whether selection of the applicant for membership in the Civilian Climate Corps is appropriate. (3) Team leaders (A) In general The Director may select individuals with prior supervisory or service experience to be team leaders within units in the Civilian Climate Corps national climate service program, to perform service that includes leading and supervising teams of Civilian Climate Corps members. (B) Rights and benefits A team leader shall be provided the same rights and benefits applicable to other Civilian Climate Corps members, except that the Director may increase the limitation on the amount of the living allowance under section 199S(b) for a team leader. (g) Organization of national climate service program into units (1) Units The national climate service program shall be divided into units by the Director or Director’s designee. Each Civilian Climate Corps member shall be assigned to a unit. (2) Unit leaders The leader of each unit shall be selected by the Director. The designated leader shall accompany the unit throughout the period of agreed service of the members of the unit. (h) Campuses (1) Units may be assigned to campuses The units of the national climate service program may be grouped together as appropriate in campuses for operational, support, and, when necessary, boarding purposes. The Civilian Climate Corps campus for a unit shall be in a facility or central location established as the operational headquarters for the unit. When necessary and appropriate, Civilian Climate Corps members may be housed in the campuses or provided housing vouchers and support in cases where boarding is not possible. (2) Campus director There shall be a campus director for each campus. The campus director is the head of the campus, and preference shall be given to hiring directors that are members of the community in which a campus is situated. (3) Facilities Upon the establishment of the program, the Director shall identify Federal facilities in consultation with the General Services Agency and the advisory board under section 199X that may be used, in whole or in part, by the national climate service program. Eligible facilities shall include existing campuses operated by the Corporation and other programs. (4) Eligible site for a campus A campus may be located in a facility described in paragraph (3) or in another facility that the Director determines is appropriate. (i) Environmental justice requirement The Director shall ensure that not less than 50 percent of Civilian Climate Corps labor and investment under this section supports climate service projects that are based in under-resourced communities of need, of which, not less than 10 percent of such funds for under-resourced communities of need shall support projects that are based in Indian country. (j) Standards of conduct The campus director of each campus shall establish and enforce standards of conduct to promote healthy and productive conditions in the campus and a spirit of service. (k) Coordination with local entities and institutions The Director shall ensure that Civilian Climate Corps activities carried out under the national climate service program under this section are— (1) planned, and if appropriate, carried out, in conjunction and coordination with the activities of the Civilian Climate Corps Partners receiving grants from the national climate service grant program, or other entities performing activities that satisfy the goals of climate service projects as described in section 199T; (2) planned and implemented in a manner that incorporates local knowledge and planning wherever practicable, incorporating broad-based input and partnership with the community served, local community-based agencies, and local labor organizations; and (3) planned and implemented in a manner that assists in the development of new programs that may become Civilian Climate Corps Partner programs in the local area where activities are carried out, if local Civilian Climate Corps Partner programs do not exist. (l) Prevailing wage requirement for contractors or subcontractors Any contractor or subcontractor entering into a service contract in connection with a project carried out under this section shall— (1) be treated as a Federal contractor or subcontractor for purposes of chapter 67 of title 41, United States Code; and (2) pay each class of employee employed by the contractor or subcontractor wages and fringe benefits at rates in accordance with prevailing rates for the class in the locality, or, where a collective bargaining agreement covers the employee, in accordance with the rates provided for in the agreement, including prospective wage increases provided for in the agreement. (m) Labor policies for entities working with the national climate service program (1) In general The national climate service program shall— (A) enter into agreements and cooperation only with entities that pledge to remain neutral in labor organizing efforts among employees who participate in activities related to the agreement or cooperation with the Civilian Climate Corps; and (B) enter into agreements and cooperation only with entities that recognize for collective bargaining purposes, and commit to collectively bargain with, any labor organization that has a written majority authorization among employees who participate in activities related to the agreement or cooperation with the Civilian Climate Corps. (2) Written majority authorization In this subsection, the term written majority authorization means writings signed and dated by a majority of employees in any appropriate unit in the form of authorization cards, petitions, or other suitable written evidence to designate a labor organization as the representative of such employees for the purpose of collective bargaining. (n) Tribal sovereignty The Director shall ensure that Civilian Climate Corps activities carried out under the national climate service program that affect individuals in Indian country are carried out in a manner that ensures that— (1) the sovereignty of Indian tribes and their conservation efforts are maintained; and (2) the national climate service program operates in consultation with the affected individuals in Indian country. (o) Buy American To the maximum extent practicable, the Director shall ensure that— (1) the materials used to carry out projects under this section are substantially manufactured, mined, and produced in the United States in accordance with chapter 83 of title 41, United States Code (commonly known as the Buy American Act ); and (2) when food and other agriculture commodities are procured for activities carried out under this section, at least 25 percent shall be grown and processed within 250 miles of consumption, with a priority for procuring food produced and processed by socially disadvantaged farmers and ranchers and small businesses. 199R. National Climate Service grant Program (a) Eligible recipients (1) In General The Director may provide grants under this section to States, subdivisions of States, territories, Indian tribes, public or private nonprofit organizations, labor organizations, Federal agencies, or institutions of higher education. (2) Qualified youth service or conservation corps Notwithstanding any other provision of law and in accordance with subsection (h), a qualified youth service or conservation corps program that receives funds under subtitle C of this Act may apply for a grant under this section while that entity is a recipient of a grant under subtitle C, and may receive a grant under this section after that entity terminates the grant under subtitle C. (b) Grants and subgrants permitted The Corporation may provide grants to entities in subsection (a) for the purpose of assisting the recipients of the grants— (1) to carry out a full-time service project described in section 199T; and (2) to make subgrants in support of other entities so long as those other entities use the grant funds to carry out a full-time service project described in section 199T. (c) Agreements with Federal agencies At the discretion of the Director, the Corporation may enter into an interagency agreement, including a grant agreement, with another Federal agency to support a service project described in section 199T that is carried out or otherwise supported by the agency that fulfils the project requirements. (d) Grantees To be partners Entities receiving funds through grants or interagency agreements under this section shall be considered Civilian Climate Corps Partners. (e) Participants To be members Individuals selected to perform service projects implemented by the Civilian Climate Corps Partners shall be members of the Civilian Climate Corps. (f) Provision of authorized benefits The Director shall ensure that the Corporation provides participants in a program under this section with the benefits described in subsections (b), (d), and (f) of section 199S. Each Civilian Climate Corps Partner administering a program under this section shall provide participants in that program with the benefits described in section 199S other than those described in subsections (b), (d), and (f) of section 199S. (g) No matching fund requirements The Corporation may provide 100 percent of the cost of carrying out a program that receives assistance under this section, whether the assistance is provided directly to a Civilian Climate Corps Partner or as a subgrant from the Civilian Climate Corps Partner. (h) Limitation on same entity receiving multiple grants Unless specifically authorized by law, the Corporation may not provide a grant under this section to an entity that is simultaneously receiving another grant authorized under the national service laws. (i) Program assistance The Corporation may provide planning, operational, or replication assistance to a qualified applicant that submits an application under this section in the same manner as described in section 124. (j) Environmental justice requirement The Director shall ensure that not less than 50 percent of the funds made available to carry out this section (including funds for grants allotted to States and grants awarded to other entities) support climate service projects that are based in under-resourced communities of need, of which not less than 10 percent of such funds for under-resourced communities of need shall support projects that are based in Indian country. (k) Distribution of funds (1) Allotment to States (A) In general The Corporation shall reserve 30 percent of the funds made available to carry out this section to allot funds in accordance with this subsection. (B) Indian tribe The Corporation shall reserve 5 percent of the funds made available to carry out this subsection to award grants to Indian tribes. (C) Allotment amounts (i) In General Subject to clause (ii), of the total amounts made available to carry out this subsection, and not reserved under subparagraph (B) for a fiscal year, the Corporation shall allot to each State that has an approved application an amount that bears the same ratio to such total amounts for that fiscal year as the population of the State bears to the total population of all States. (ii) Minimum amount Notwithstanding clause (i), the minimum grant made available to each State with an approved application for each fiscal year shall be $600,000. (2) Competitive grants Of the funds made available to carry out this section for a fiscal year, the Corporation shall reserve 70 percent for grants awarded on a competitive basis to States, subdivisions of States, territories, Indian tribes, public or private nonprofit organizations, labor organizations, Federal agencies, and institutions of higher education. (3) Application required The Corporation shall make an allotment of assistance or award a competitive grant to a recipient under this subsection only pursuant to an application submitted by a State or other applicant under subsection (n). (l) Availability of funds The Director shall ensure that the number of individuals selected to perform each service project implemented by a Civilian Climate Corps Partner does not exceed— (1) the amount of funding available to the applicable Climate Corps Partner to support the project, including the provision of benefits for each such individual; and (2) the amount of funding available to the Corporation to support and provide benefits to those individuals. (m) Authority for fixed-Amount grants The Corporation may provide assistance in the form of fixed-amount grants under this section in an amount determined by the Corporation in the same manner and under the same terms and conditions as fixed-amount grants under section 129(l). (n) Application for assistance To be eligible to receive assistance under this section, a State, territory, subdivision of a State, Indian tribe, public or private nonprofit organization, institution of higher education, Federal agency, or labor organization shall prepare and submit to the Director an application at such time, in such manner, and containing such information as the Director may reasonably require, including— (1) the types of permissible application material described in section 130(b), except that paragraph (11) of such subsection shall not apply; (2) the required application information described in subsection (c) and (d) of section 130; (3) information describing how the applicant proposes to address the goals of the grant program under this section and the project requirements; and (4) an assurance that the Civilian Climate Corps program carried out by the applicant using assistance provided under this section and any program supported by a grant made by the applicant using such assistance will— (A) provide participants with the training, skills, and knowledge necessary for the projects that participants are called upon to perform, and that such training may realistically lead to local employment in similar fields after the completion of the program; (B) provide support services to participants, such as the provision of appropriate information and support to those participants transitioning to other educational and career opportunities and those who are seeking to earn the equivalent of a high school diploma; (C) coordinate with the Director to fulfil the training and career development requirements described in section 199U; (D) provide in the design, recruitment, and operation of the program for broad-based input from— (i) the community served and potential participants in the program; and (ii) community-based agencies with a demonstrated record of experience in providing services and local labor organizations representing employees of service sponsors, if these entities exist in the area to be served by the program; (E) ensure that any benefits provided by the program meet the minimum requirements set forth in section 199S, and ensure, through coordination with the Director, that all members of the Civilian Climate Corps receive all such benefits; (F) refrain from interfering in the employee-management relations of Civilian Climate Corps members in accordance with section 199W(d) or the compensation of such members under subsections (b), (d), and (f) of section 199S; (G) apply evaluation and performance goals methods equivalent to those in section 131(d); and (H) remain neutral with respect to the exercise of the right to organize and collectively bargain by Civilian Climate Corps members. (o) Consideration of applications (1) In General The Director shall apply the criteria described in paragraphs (3) and (4) in determining whether to approve an application submitted under subsection (n) and provide assistance under this section to the applicant. (2) Application to subgrants (A) In General A State or other entity that uses assistance provided under this section to support programs selected on a competitive basis to receive a share of the assistance shall use the criteria described in paragraphs (3) and (4) when considering an application submitted by such program. (B) Certification The application of the State or other entity under subsection (n) shall contain a certification that the State or other entity used these criteria in the selection of programs to receive assistance, a description of the positions into which participants will be placed using such assistance, including descriptions of specific tasks to be performed by such participants, and descriptions of the minimum qualifications that individuals shall meet to become participants in such programs. (3) Assistance criteria The criteria required to be applied in evaluating applications submitted under subsection (n) are— (A) the criteria described in section 133(c); (B) how the program will carry out activities described in section 199T; and (C) the extent to which the program is equipped to deliver the benefits and training required under this subtitle. (4) Apprenticeship priority (A) In General In awarding grants under this section on a competitive basis the Director shall give priority to applications from entities that— (i) provide pre-apprenticeship opportunities for participants that result in positions in apprenticeships registered with the Department of Labor or the State apprenticeship agency; or (ii) provide, as part of Civilian Climate Corps programming, apprenticeships registered with the Department of Labor or the State apprenticeship agency. (B) Additional priority In the case of entities described in subparagraph (A)(ii), the Director shall give an additional priority to entities that will— (i) impose utilization requirements for apprenticeships registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) on the eligible projects; and (ii) comply with the apprentice to journey worker ratios established for such apprenticeships by the Department of Labor or the State apprenticeship agency, as applicable. (5) Allocation to historically black colleges and universities In awarding grants under this section on a competitive basis to institutions of higher education, the Director shall ensure that of all funds under this section that are awarded to institutions of higher education, not less than 10 percent of those funds shall be awarded to Historically Black Colleges and Universities (which shall be defined as institutions that are part B institutions under section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (6) Other considerations (A) Geographic diversity The Director shall ensure that recipients of assistance provided under this section are geographically diverse and represent urban and rural locales, with a focus on under-resourced communities of need. (B) Age limits The Director shall ensure that not less than 50 percent of the Civilian Climate Corps Partners have no upper age limits for participation. (C) Rejection of State applicants Section 133(g) shall apply with respect to an application submitted by a State Commission under this section for funds described in subsection (k). The amount of any State’s allotment under subsection (k) for a fiscal year that the Corporation determines will not be provided for that fiscal year may be used by the Corporation to— (i) make grants (and provide benefits in connection with such grants) to other community-based entities under this section that propose to carry out Civilian Climate Corps programs in such State or territory; and (ii) make reallotments to other States or territories with approved applications submitted under subsection (n), from the allotment funds not used to make grants as described in clause (i). (D) Gender representation To the greatest extent practicable, the Director shall ensure inclusion and representation of all genders among participants. (E) Tribal sovereignty The Director shall ensure that Civilian Climate Corps activities carried out under this section that affect individuals in Indian country are carried out in a manner that ensures that— (i) the sovereignty of Indian tribes and their conservation efforts are maintained; and (ii) the activities are carried out in consultation with the affected individuals in Indian country. (p) Selection of Partner Corps members The recruitment and selection of an individual to serve in a climate service project of a Civilian Climate Corps Partner shall be conducted by the entity to which the assistance is provided under subsection (a). (q) Recruitment and placement The Director and each State Commission shall establish a system to recruit participants in a climate service project of a Civilian Climate Corps Partner entity and to assist in placement, and shall coordinate with other programs in the Corporation to take advantage of existing systems as much as possible. The Director and State Commissions shall disseminate information regarding available positions through cooperation with secondary schools, institutions of higher education, employment service offices, State vocational rehabilitation agencies, and language organizations. (r) Full-Time service An individual serving in a climate service project of a Civilian Climate Corps Partner Corps entity— (1) shall agree to participate in the program sponsoring the position for a term of service that is equal to not less than 1,700 hours during a period of not more 10 to 12 months, as determined by the Partner Corps entity; and (2) may serve in 2 terms of service, which do not need to be consecutive terms. 199S. Benefits for Civilian Climate Corps members (a) In general The Director shall provide for members of the Civilian Climate Corps to receive benefits authorized by this section. (b) Living allowance (1) In General The Director shall provide a living allowance to members of the Civilian Climate Corps for the period during which such members are engaged in training or any activity on a Civilian Climate Corps project. Subject to paragraphs (2), (3), and (4) and the duty to bargain under section 199W(d), the Director shall establish the amount of the allowance, except that in no event shall such allowance be less than the equivalent of $15 per hour. (2) Increase The amount of the allowance described in paragraph (1) shall increase yearly by the annual percentage increase, if any, in the median hourly wage of all employees, as determined by the Bureau of Labor Statistics. (3) Work as laborer or mechanic Notwithstanding paragraphs (1) and (2), in the case of a member who is engaged in construction, alteration, or repair work as a laborer or mechanic under a Civilian Climate Corps project, the Director shall also establish the amount of the allowance of such member at the greater of— (A) the amount that would otherwise apply under paragraphs (1) and (2); or (B) any amount not less than the equivalent of the prevailing wage rate in the locality in which the member is engaged in such project, as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (4) Work as a member furnishing services (A) In general Notwithstanding paragraphs (1) and (2), a member of the Civilian Climate Corps who is not subject to paragraph (3) and who is engaged in furnishing services through a project of the Civilian Climate Corps, including such a member who is a routine operations worker or routine maintenance worker, shall (subject to subparagraph (B)) be paid an allowance and receive fringe benefits that are not less than the equivalent of the minimum wage and fringe benefits established in accordance with chapter 67 of title 41, United States Code (commonly known as the Service Contract Act ). (B) Requirement In the case the allowance required under subparagraph (A) is less than the amount that would otherwise apply under paragraphs (1) and (2), the allowance of a member described in subparagraph (A) shall be not less than the amount that would otherwise apply under such paragraphs. (C) Authority With respect to this paragraph, the Secretary of Labor shall have the authority and functions set forth in chapter 67 of title 41, United States Code. (c) Other authorized benefits While active as members of the Civilian Climate Corps, members shall be provided the following benefits when necessary to complete Corps activity, as the Director determines appropriate: (1) Allowances for travel expenses, personal expenses, and other expenses. (2) Quarters. (3) Subsistence. (4) Transportation. (5) Equipment (6) Uniforms. (7) Supplies. (8) Other services determined by the Director to be consistent with the purposes of the Program. (d) Health care (1) In General Each member of the Civilian Climate Corps shall be entitled to the health care benefit described in paragraph (2) for the duration of the participant's terms of service, as long as the member does not receive an equivalent benefit from a different source. (2) Health care benefit The health care benefit described in this subsection is an amount equal to the annual premium for a gold level health plan for the member and any of the member’s dependents purchased on the American Health Benefit Exchange in the member’s State of residence, provided the member purchases a plan on the American Health Benefit Exchange. (e) Supportive services Each member of the Civilian Climate Corps shall be provided with child care services, counseling services, and other supportive services when needed, as the Director determines appropriate. (f) Educational benefits (1) In General Upon completion of a term of service with the Civilian Climate Corps, a member shall be entitled to receive an amount equal to not more than $25,000 for each term of service, which the member shall apply to— (A) tuition and related expenses at an institution of higher education as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); or (B) the repayment of a qualified student loan as defined in section 148(b)(7). (2) No eligibility for subtitle D award A Civilian Climate Corps member shall not be eligible for the national service educational award described in subtitle D. 199T. Service projects (a) In general The service projects carried out by the national climate service program and recipients of grants from the national climate service grant program shall help communities respond to climate change and transition to a clean economy, through one or more of the following activities: (1) Reducing carbon emissions, which may include— (A) weatherizing and retrofitting residential and non-residential buildings for energy efficiency and electrification and participating in the construction of new net-zero buildings; (B) maintenance and operation of energy-efficient and net zero buildings and properties; (C) building energy-efficient affordable housing units; (D) conducting energy audits; (E) recommending ways for households to improve energy efficiency; (F) installing and upgrading public transit and electric vehicle infrastructure; and (G) installing clean energy infrastructure in homes and small businesses, on farms, and in communities. (2) Enabling a coordinated transition to renewable energy, which may include— (A) advising on climate and energy policy; (B) providing clean energy-related services; and (C) expanding broadband access and adoption. (3) Building healthier and pollution-free communities, which may include— (A) working with schools and youth programs to educate students and youth about ways to reduce home energy use and improve the environment; (B) assisting in the development of local recycling and composting programs; (C) renewing and rehabilitating public and tribal lands and trails owned or maintained by the Federal Government, an Indian tribe, a State, a municipal or local government, or any formal partners of those entities; (D) improving air quality or other pollution monitoring networks; (E) remediation of the effects of toxins and other hazardous pollution, including lead exposure in drinking water and the home; (F) building and maintaining green stormwater management infrastructure; (G) creating and expanding local and regional food systems; and (H) developing farm to institution distribution models to make schools, hospitals, and other institutions healthier and more food resilient. (4) Mitigating the effects of disasters and other trends related to climate change, which may include— (A) performing community resilience assessments; (B) collecting and analyzing data related to climate change and disasters; (C) advising and planning for community resilience and adaptation; (D) building and maintaining resilient infrastructure; (E) conducting prescribed burns or engaging in reforestation activity; (F) supporting the activities of local emergency management agencies and programs; and (G) advising and supporting farmers and ranchers in the implementation of management practices that account for climate change. (5) Preparing communities for disaster, which may include— (A) organizing community-based resiliency coalitions and working groups; (B) providing disaster preparedness or community emergency response team training to community-based organizations and residents, including for animals in disasters; (C) providing education on climate change, disaster, and resilience at community-based organizations and schools; and (D) developing community climate resilience hub infrastructure. (6) Recovering from disasters, which may include— (A) clearing debris; (B) repairing and rebuilding homes and buildings; (C) replanting locally adapted native trees and plants; (D) restoring habitat; (E) stabilizing shorelines and hillsides; and (F) remediating and reclaiming devastated land left by extractive industries. (7) Developing and implementing conservation projects with climate benefits that are proven using the best available science, which may include— (A) conserving, protecting, and restoring habitat, especially habitat to threatened, endangered, and at-risk species; (B) stabilizing shorelines or riparian areas using green infrastructure such as native wetlands; (C) removing invasive species and planting locally adapted native species; (D) collecting, storing, and propagating native seeds and plant materials; (E) removing hazardous fuels within one-quarter mile of dwellings and homes or one-quarter mile around delineated communities; (F) planting and maintaining urban, tribal, and rural forests, trees, native grasslands, and natural areas; (G) developing urban farms and gardens; (H) reforestation of native forest ecosystems, afforestation, and other projects to achieve demonstrable carbon sinks; (I) reclaiming unneeded roads and tracks and restoring affected lands to natural conditions; (J) restoring and managing wildlife corridors and habitat connectivity for native species, including building wildlife crossings and removing barriers to wildlife movement; and (K) assisting farmers and ranchers in a transition to more regenerative farming and ranching systems. (8) Additional projects to reduce greenhouse gas emissions to keep temperatures below 1.5 degrees Celsius above pre-industrialized levels, tackle pollution to promote environmental justice, and build community prosperity and resilience in the face of the climate crisis and economic transitions, as determined by the Director and in consultation with the Advisory Board. (b) Permanent improvement to real property permitted The service projects carried out by the national climate service program and recipients of grants from the national climate service grant program are permitted to expend funds under this subtitle that make permanent improvement to real property not owned by the United States Government, as long as labor for that improvement is undertaken by Civilian Climate Corps members. 199U. Training (a) Common curriculum Each member of the Civilian Climate Corps shall be provided with between two and six weeks of training that includes a comprehensive service-leaning curriculum designed to promote team building, leadership, citizenship, and environmental stewardship. The Director shall consult with the advisory board to ensure that, to the extent practicable, training is consistent for each member of the Civilian Climate Corps. (b) Advanced service training Members of the Civilian Climate Corps shall receive advanced training in basic, project-specific skills that the members will use in performing their community service projects. (c) Training part of service Time undertaken in training shall be considered part of the service performed by members of the Civilian Climate Corps, and the living allowance authorized in section 199S(b) shall incorporate training hours into wage calculations. (d) Career and technical education (1) In General Each member of the Civilian Climate Corps shall be provided with at least 4 weeks of training to improve job prospects in the clean economy workforce. (2) Focus Training may be separate or alongside Corps activities, and may include a focus on energy conservation, environmental stewardship or conservation, infrastructure improvement, sustainable urban and rural development, climate resiliency needs, or other appropriate topics. Training should include opportunities to earn professional certificates, wherever practicable. Training may also include professional development, such as resume and cover letter writing, networking, and personal financial management. (3) Follow-up services and data collection (A) Services Following the termination of service, members of the Civilian Climate Corps who do not enroll as full-time students shall receive between 9 and 12 months of follow-up services to encourage career progression, in a manner determined by the Director. (B) Data collection The Director shall collect information about the career progression of former members of the Civilian Climate Corps. (4) Consultation The Director shall consult with the advisory board to ensure that appropriate steps are taken to make training specific to local workforce and labor market needs, including coordination and partnerships with other entities including local labor groups and career and technical education schools, and that academic credit may be received where possible. (5) Pre-apprenticeship pipeline The Director shall consult with the advisory board to ensure that entities receiving funds under this subtitle prioritize the formation of relationships with local apprenticeship programs and the creation of pre-apprenticeship pipelines. (e) Coordination with other entities The Civilian Climate Corps may provide, either directly or through grants, contracts, or cooperative agreements, the advanced service training referred to in subsection (b) and the career and technical education training referred to in subsection (c) in coordination with career and technical education schools, community colleges, labor groups, other employment and training providers, existing service programs, other qualified individual, or organizations with expertise in training individuals, including disadvantaged individuals, in the skills described in such subsection. 199V. Administrative provisions (a) Supervision The Chief Executive Officer shall monitor and supervise the Civilian Climate Corps authorized to be established under section 199P. In carrying out this section, the Chief Executive Officer shall— (1) approve such guidelines, including those recommended by the advisory board, for design, selection of members, operation of the national climate service program, and distribution of grants to Civilian Climate Corps Partners; (2) evaluate the progress of the Civilian Climate Corps, including programs carried out by the Partner Corps entities, in accomplishing the purpose set forth in section 199O; and (3) carry out any other activities determined appropriate by the advisory board. (b) Monitoring and coordination The Chief Executive Officer shall— (1) monitor the overall operation of the Civilian Climate Corps; (2) coordinate the activities of the Corps with other service and grant programs administered by the Corporation; and (3) carry out any other activities determined appropriate by the advisory board. (c) Staff (1) Director (A) Appointment Upon establishment of the Program, the Chief Executive Officer shall appoint a Director. (B) Duties The Director shall— (i) design, develop, and administer the Civilian Climate Corps; (ii) be responsible for managing daily operations of the national climate service program and national climate service grant program; and (iii) report to the Chief Executive Officer. (2) Authority to employ staff The Director may employ such staff as is necessary to carry out this subtitle using funds available for this subtitle or generally available to the Corporation for the employment of staff. The Director shall, to the maximum extent practicable, utilize in staff positions personnel who are detailed from departments and agencies of the Federal Government and, to the extent the Director considers appropriate, shall request and accept detail of personnel from such departments and agencies in order to do so. (d) Labor relations (1) In general (A) Employer and employee status The Civilian Climate Corps shall be the employer of its members, and such members shall be the employees of the Civilian Climate Corps, for purposes under this subsection of organizing a labor organization, collective bargaining, and other employee-management relations. (B) Director responsibilities To the extent practicable, the Director shall ensure, in consultation with the Civilian Climate Corps Advisory Board established under section 199X, that all members of the Civilian Climate Corps are provided the opportunity to join a labor organization, as applicable, during the term of their service. Such a labor organization shall, to the greatest extent practicable, be local and relevant to the service provided by such members. (C) Employee-management relations provisions With respect to employee-management relations of the Civilian Climate Corps and its members, the following shall apply: (i) Employee-management relations shall, to the extent not inconsistent with the provisions in this subtitle, be subject to the provisions that apply to the employee-management relations of the United States Postal Service and its employees under part II of title 39, United States Code. (ii) The Civilian Climate Corps shall remain neutral in any labor organization organizing effort. (iii) The Civilian Climate Corps shall recognize for collective bargaining purposes, and shall collectively bargain with, any labor organization that has a written majority authorization of a unit encompassing all members of the Civilian Climate Corps or any other unit determined appropriate by the National Labor Relations Board. (iv) Members of the Civilian Climate Corps shall have the right to strike, and the Civilian Climate Corps shall not discharge, discipline, or permanently replace members for striking. (2) Commencement of collective bargaining Not later than 10 days after receiving a written request for collective bargaining from a labor organization that has been newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) of members of the Civilian Climate Corps, or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (3) Mediation and conciliation for failure to reach a collective bargaining agreement (A) In general If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (2), or any later date agreed upon by both parties, either party may notify the Director of the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. (B) Federal mediation and conciliation service Whenever a request is received under subparagraph (A), the Director of the Federal Mediation and Conciliation Service shall promptly communicate with the parties and use best efforts, by mediation and conciliation, to bring them to agreement. (4) Tripartite arbitration panel (A) In general If the Director of the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which such mediation or conciliation is commenced, or any later date agreed upon by both parties, the Director of the Federal Mediation and Conciliation Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Director of the Federal Mediation and Conciliation Service, with one member selected by the labor organization, one member selected by the Civilian Climate Corps, and one neutral member mutually agreed to by the parties. (B) Dispute settlement A majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— (i) the financial status and prospects of the Civilian Climate Corps; (ii) the size and type of the operations and business of the Civilian Climate Corps; (iii) the cost of living of members of the Civilian Climate Corps; (iv) the ability of members of the Civilian Climate Corps to sustain themselves, their families, and their dependents on the wages and benefits they earn from the Civilian Climate Corps; and (v) the wages and benefits that 7 other employers engaged in similar activities as the Civilian Climate Corps provide their employees. (5) Prohibition on subcontracting for certain purposes The Civilian Climate Corps, and any recipient of funding under section 199R, may not engage in subcontracting for the purpose of circumventing the terms of a collective bargaining agreement with respect to wages, benefits, or working conditions. (6) Definitions In this subsection: (A) Parties The term parties means— (i) a labor organization that is newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) of members of the Civilian Climate Corps; and (ii) the Civilian Climate Corps. (B) Written majority authorization The term written majority authorization means writings signed and dated by a majority of members of the Civilian Climate Corps in a unit described in paragraph (1)(C)(iii) in the form of authorization cards, petitions, or other suitable written evidence to designate a labor organization as the representative of such members for the purpose of collective bargaining. 199W. Status of Corps members and Corps personnel under Federal law (a) In general Except as otherwise provided in this section, members of the Civilian Climate Corps shall not, by reason of their status as such members, be considered Federal employees or be subject to the provisions of law relating to Federal employment. (b) Work-Related injuries (1) In general For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to the compensation of Federal employees for work injuries, participants in active service in the national climate service program under section 199Q shall be considered as employees of the United States within the meaning of the term employee , as defined in section 8101 of such title. (2) Special rule In the application of the provisions of subchapter I of chapter 81 of title 5, United States Code, to a person referred to in paragraph (1), the person shall not be considered to be in the performance of duty while absent from the person's assigned post of duty unless the absence is authorized in accordance with procedures prescribed by the Director. (c) Tort claims procedure A participant in active service in the national climate service program under section 199Q shall be considered an employee of the United States for purposes of chapter 171 of title 28, United States Code, relating to tort claims liability and procedure. (d) Labor relations (1) In general (A) Employer and employee status The Civilian Climate Corps shall be the employer of its members, and such members shall be the employees of the Civilian Climate Corps, for purposes under this subsection of organizing a labor organization, collective bargaining, and other employee-management relations. (B) Director responsibilities To the extent practicable, the Director shall ensure, in consultation with the Civilian Climate Corps Advisory Board established under section 199X, that all members of the Civilian Climate Corps are provided the opportunity to join a labor organization, as applicable, during the term of their service. Such a labor organization shall, to the greatest extent practicable, be local and relevant to the service provided by such members. (C) Employee-management relations provisions With respect to employee-management relations of the Civilian Climate Corps and its members, the following shall apply: (i) Employee-management relations shall, to the extent not inconsistent with the provisions in this subtitle, be subject to the provisions that apply to the employee-management relations of the United States Postal Service and its employees under part II of title 39, United States Code. (ii) The Civilian Climate Corps shall remain neutral in any labor organization organizing effort. (iii) The Civilian Climate Corps shall recognize for collective bargaining purposes, and shall collectively bargain with, any labor organization that has a written majority authorization of a unit encompassing all members of the Civilian Climate Corps or any other unit determined appropriate by the National Labor Relations Board. (iv) Members of the Civilian Climate Corps shall have the right to strike, and the Civilian Climate Corps shall not discharge, discipline, or permanently replace members for striking. (2) Commencement of collective bargaining Not later than 10 days after receiving a written request for collective bargaining from a labor organization that has been newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) of members of the Civilian Climate Corps, or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. (3) Mediation and conciliation for failure to reach a collective bargaining agreement (A) In general If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under paragraph (2), or any later date agreed upon by both parties, either party may notify the Director of the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. (B) Federal mediation and conciliation service Whenever a request is received under subparagraph (A), the Director of the Federal Mediation and Conciliation Service shall promptly communicate with the parties and use best efforts, by mediation and conciliation, to bring them to agreement. (4) Tripartite arbitration panel (A) In general If the Director of the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which such mediation or conciliation is commenced, or any later date agreed upon by both parties, the Director of the Federal Mediation and Conciliation Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Director of the Federal Mediation and Conciliation Service, with one member selected by the labor organization, one member selected by the Civilian Climate Corps, and one neutral member mutually agreed to by the parties. (B) Dispute settlement A majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties. Such decision shall be based on— (i) the financial status and prospects of the Civilian Climate Corps; (ii) the size and type of the operations and business of the Civilian Climate Corps; (iii) the cost of living of members of the Civilian Climate Corps; (iv) the ability of members of the Civilian Climate Corps to sustain themselves, their families, and their dependents on the wages and benefits they earn from the Civilian Climate Corps; and (v) the wages and benefits that 7 other employers engaged in similar activities as the Civilian Climate Corps provide their employees. (5) Prohibition on subcontracting for certain purposes The Civilian Climate Corps, and any recipient of funding under section 199R, may not engage in subcontracting for the purpose of circumventing the terms of a collective bargaining agreement with respect to wages, benefits, or working conditions. (6) Definitions In this subsection: (A) Parties The term parties means— (i) a labor organization that is newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act ( 29 U.S.C. 159(a) ) of members of the Civilian Climate Corps; and (ii) the Civilian Climate Corps. (B) Written majority authorization The term written majority authorization means writings signed and dated by a majority of members of the Civilian Climate Corps in a unit described in paragraph (1)(C)(iii) in the form of authorization cards, petitions, or other suitable written evidence to designate a labor organization as the representative of such members for the purpose of collective bargaining. 199X. Advisory board (a) Establishment and purpose There shall be established a Civilian Climate Corps Advisory Board to advise the Director concerning the administration of this subtitle and to assist the Corps in achieving the goals of section 199O. The Advisory Board members shall help coordinate activities with the national climate service program and national climate service grant program as appropriate, including training coordination and capacity building for grant applications. (b) Membership The Advisory Board shall be composed of the following members: (1) The Secretary of Labor. (2) Representatives from at least 2 labor organizations. (3) The Secretary of Energy. (4) The Administrator of the Environmental Protection Agency. (5) At least two individuals appointed by the Director from among persons representative of community organizations in under-resourced communities of need. (6) At least one representative from a Indian tribe or indigenous community. (7) At least two individuals appointed by the Director from among persons representative of leadership in organizations representing communities of color. (8) The Secretary of Transportation. (9) The Chief of the Forest Service. (10) The Secretary of the Interior. (11) The Director of the Bureau of Indian Affairs. (12) The Secretary of Agriculture. (13) The Secretary of Education. (14) The Secretary of Defense. (15) The Secretary of Housing and Urban Development. (16) The Chief of the National Guard Bureau. (17) The Secretary of Commerce. (18) The Administrator of the Federal Emergency Management Agency. (19) The Administrator of the National Oceanic and Atmospheric Administration. (20) The Chairman of the National Endowment of the Arts. (21) Individuals appointed by the Director from among persons who are broadly representative of educational institutions, voluntary organizations, public and private organizations, youth, scientific experts, and environmental justice organizations. (22) The Chief Executive Officer. (c) Duties (1) Oversee effective program implementation The advisory board shall oversee effective implementation of the Civilian Climate Corps in accordance with the Climate Corps roadmap under section 199Y, which shall include— (A) collecting data and reporting on Corps activity based on the benchmarks for success determined in section 199Y(b)(4); (B) ensuring that resources are distributed to advance the program’s principles of equity and environmental justice; (C) expanding on and providing resources for grantee training, expertise development, and grant application capacity building in under-resourced communities of need; (D) liaising with Federal agencies to coordinate grants to fulfil needs for Civilian Climate Corps labor; and (E) ensuring unity of message and purpose across the Civilian Climate Corps, including with Civilian Climate Corps Partners. (2) Organize green careers opportunities The advisory board shall assist the Chief Executive Officer in organizing and making available career development resources for the career and technical education component of the Civilian Climate Corps, in partnership and cooperation with appropriate Federal agencies, educational institutions, and labor organizations, which shall— (A) support the development of apprenticeship and pre-apprenticeship corps programs as a priority of the Civilian Climate Corps; (B) coordinate and organize career training and financial support opportunities for members of the Civilian Climate Corps to enter into green career pathways; (C) help expand apprenticeship programs and find pathways into union jobs for Corps participants; (D) mobilize and provide access to support and retraining for workers displaced by the fossil fuel industry who participate in Corps programs; and (E) create an easy-to-use website and other tools for the use of Civilian Climate Corps in career and technical education and planning. 199Y. Plan for civilian climate corps (a) Roadmap for the Civilian Climate Corps The Chief Executive Officer shall, with guidance from the advisory board, establish a roadmap for the Civilian Climate Corps program (referred to in this section as the Climate Corps roadmap ). (b) Contents of plan The Climate Corps roadmap shall include the following: (1) A plan to— (A) establish the number of positions in the national climate service program of the Civilian Climate Corps as— (i) 50,000 for the fiscal year 2021; (ii) 100,000 for the fiscal year 2022; (iii) 175,000 for the fiscal year 2023; (iv) 275,000 for the fiscal year 2024; and (v) 400,000 for the fiscal year 2025; (B) establish the number of positions in the national climate service grant program of the Civilian Climate Corps as— (i) 25,000 for the fiscal year 2021; (ii) 50,000 for the fiscal year 2022; (iii) 85,000 for the fiscal year 2023; (iv) 140,000 for the fiscal year 2024; and (v) 200,000 for the fiscal year 2025; and (C) maintain the requirements for serving under-resourced communities of need in accordance with this subtitle. (2) The identification of Federal programs and agencies that can engage the labor of the Civilian Climate Corps and facilitate partnerships and funding relationships. (3) Principles of equity and environmental justice to guide the work of the Civilian Climate Corps. (4) Benchmarks for the success of the Civilian Climate Corps. (5) Identification of under-resourced communities of need, defined as regions and communities most in need of Civilian Climate Corps labor and workforce development. (6) Identification and cataloging of funding streams for Partners Corps entities. (7) Identifying and cataloging of resources for grantee training, expertise development, and grant application capacity building for under-resourced communities of need. (8) Cataloging work already being done towards climate resiliency and clean economy transitions to ensure Civilian Climate Corps efforts are additive and not duplicative. (9) A plan to increase the participation of opportunity youth in the Civilian Climate Corps (defined as out-of-school youth under section 129(a)(1)(B) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3164(a)(1)(B) )). (c) Implementation Subject to the availability of appropriations and quality service opportunities, the Corporation shall implement the Climate Corps roadmap, including establishing the positions described in subsection (b)(1). . 4. Prioritizing and supporting climate response (a) Priorities (1) Americorps State and National Section 122(f) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(f) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by adding at the end the following: The Corporation shall include, in the national service priorities, the priorities described in paragraph (5). ; and (ii) in subparagraph (B), by adding at the end the following: Each State shall include, in the State priorities, the priorities described in paragraph (5). ; and (B) by adding at the end the following: (5) Climate projects The priorities established under paragraph (1) for national service programs shall provide that the Corporation and the States, as appropriate, shall give priority to entities submitting applications that propose activities directly related to the response to the climate crisis and transition to a clean economy, as described in section 199T. . (2) Americorps NCCC Section 157(b)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12617(b)(1) ) is amended by adding at the end the following: (C) Priority Projects For fiscal years 2021 through 2030, the Corporation shall give priority to entities submitting applications for projects under this subtitle in the same manner as the Corporation gives priority to entities submitting applications for national service programs under section 122(f)(5). . (3) Americorps VISTA Section 109 of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4960 ) is amended by adding at the end the following: For fiscal years 2021 through 2030, the Corporation shall give priority to entities submitting applications for projects or programs under this part in the same manner as the Corporation gives priority to entities submitting applications for national service programs under section 122(f)(5) of the National and Community Service Act of 1990. . (b) Allowances (1) Domestic volunteer service act of 1973 Section 105(a)(1)(B) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4955(a)(1)(B) ) is amended by adding at the end the following: (B) (i) The Director shall set the subsistence allowance for volunteers under this paragraph for each fiscal year so that— (I) the minimum allowance is not less than an amount equal to the equivalent of $15 per hour over the course of service; and (II) the average subsistence allowance, excluding allowances for Hawaii, Guam, American Samoa, and Alaska, is not less than 10 percent greater than the amount described in subclause (I). (ii) A stipend or allowance under this section or an allowance under section 140 of the National and Community Service Act of 1990 ( 42 U.S.C. 12594 ) shall not be increased, unless the funds appropriated for carrying out this part or subtitle C of the National and Community Service Act of 1990 ( 42 U.S.C. 12571 et seq.), respectively, are sufficient to increase for the fiscal year involved the number of participants to serve under this part or that subtitle C, respectively, so that such number is greater than the number of such participants so serving during the preceding fiscal year. . (2) National and community service act of 1990 Section 158(b) of the National and Community Service Act of 1990 ( 42 U.S.C. 12618(b) ) is amended, in the second sentence, by striking any amount not in excess of the amount equal to 100 percent of the poverty line that is applicable to a family of two (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ) and inserting any amount not less than the equivalent of $15 per hour over the course of service and not in excess of the equivalent of $30 per hour over the course of service. . (3) National service educational awards Section 147(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12603(a) ) is amended by inserting twice before the maximum amount of a Federal Pell Grant . (c) Matching funds Section 121(e)(1) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(e)(1) ) is amended by striking 75 percent and inserting 100 percent . 5. Supplemental appropriations (a) Funding for the Civilian Climate Corps (1) In General There are authorized to be appropriated to carry out subtitle K of the National and Community Service Act of 1990, as added by section 3 of this Act, (excluding the benefits described in paragraphs (2) and (3)), $70,000,000,000 for fiscal years 2021 through 2025. (2) Funding for educational benefits There are authorized to be appropriated for the educational benefits described in section 199S of the National and Community Service Act of 1990, as added by section 3, $37,500,000,000 for fiscal years 2021 through 2025. (3) Funding for health care benefits There are authorized to be appropriated for the health care benefits described in section 199S of the National and Community Service Act of 1990, as added by section 3, such sums as may be necessary for fiscal years 2021 through 2025. (b) Americorps state and national; educational awards Section 501(a)(2) of the National and Community Service Act of 1990 ( 42 U.S.C. 12681(a)(2) ) is amended by striking each of fiscal years 2010 through 2014 and all that follows through the end of the paragraph and inserting fiscal years 2021 through 2025, in addition to any amount appropriated before the date of enactment of the Civilian Climate Corps Act, additional amounts of— (A) $5,000,000,000, to provide financial assistance under subtitle C of title I; and (B) $3,000,000,000, to provide national service educational awards under subtitle D of title I for the total of the number of participants described in section 121(f)(1) for fiscal years 2020 through 2023. . (c) Administration by the corporation and State commissions Section 501(a)(5) of such Act ( 42 U.S.C. 12681(a)(5) ) is amended in subparagraph (A), by striking such sums as may be necessary for each of fiscal years 2010 through 2014. and inserting in addition to any amount appropriated before the date of enactment of the Civilian Climate Corps Act, an additional amount of $5,000,000,000 for fiscal years 2021 through 2025. . (d) Americorps NCCC Section 501(a)(3)(A) of such Act ( 42 U.S.C. 12681(a)(3)(A) ) is amended by striking such sums as may be necessary for each of fiscal years 2010 through 2014. and inserting in addition to any amount appropriated before the date of enactment of the Civilian Climate Corps Act, an additional amount of $1,000,000,000 for fiscal years 2021 through 2025. . (e) Americorps vista Section 501 of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 5081 ) is amended— (1) in subsection (a)(1), by striking $100,000,000 for fiscal year 2010 and such sums as may be necessary for each of the fiscal years 2011 through 2014. and inserting , in addition to any amount appropriated before the date of enactment of the Civilian Climate Corps Act, an additional amount of $1,000,000,000 for fiscal years 2021 through 2025. ; and (2) in subsection (d), by striking the period and inserting , except that any amount authorized to be appropriated under an amendment made by the Civilian Climate Corps Act shall remain available for obligation through fiscal year 2025. . 6. Exclusion from gross income of national service educational awards (a) In general Paragraph (2) of section 117(c) of the Internal Revenue Code of 1986 is amended— (1) by striking or at the end of subparagraph (B), (2) by striking the period at the end of subparagraph (C) and inserting a comma, and (3) by adding at the end the following new subparagraphs: (D) subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq.) as an educational award, or (E) subtitle K of title I of such Act as an educational benefit. . (b) Exclusion of discharge of student loan debt (1) In general Paragraph (4) of section 108(f) of such Code is amended— (A) by striking received under and inserting received— (A) under , and (B) by striking the period at the end and inserting , or (B) under subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq.) as an and educational award or under subtitle K of title I of such Act as an educational benefit. . (2) Conforming amendment The heading for paragraph (4) of section 108(f) of such Code is amended by striking under national health service corps loan repayment program and certain state loan repayment programs and inserting under certain loan repayment programs . (c) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1244is/xml/BILLS-117s1244is.xml |
117-s-1245 | II 117th CONGRESS 1st Session S. 1245 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Graham introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To combat the theft of trade secrets by China, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Combating Chinese Purloining of Trade Secrets Act or the CCP Trade Secrets Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Increased penalties for violations of section 2512 of title 18, United States Code, involving a foreign government Sec. 101. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited. TITLE II—Protecting U.S. businesses from foreign trade secret theft Sec. 201. Short title. Sec. 202. Prohibition on misappropriating U.S. trade secrets. TITLE III—Combating cybercrime Sec. 301. Short title. Sec. 302. Predicate offenses. Sec. 303. Forfeiture. Sec. 304. Shutting down botnets. Sec. 305. Aggravated damage to a critical infrastructure computer. Sec. 306. Stopping trafficking in botnets; fraud and related activity in connection with computers. TITLE IV—Espionage, theft of trade secrets, and improper interference in United States elections Sec. 401. Espionage, theft of trade secrets, theft of intellectual property, involvement in commercial fraud schemes, and improper interference in United States elections. Sec. 402. Visa and nonimmigrant status restrictions. TITLE V—Government-funded research projects Sec. 501. Findings. Sec. 502. Definitions. Sec. 503. Approval of covered persons in sensitive Government-funded research projects. Sec. 504. Disclosure of research assistance from foreign governments. I Increased penalties for violations of section 2512 of title 18, United States Code, involving a foreign government 101. Manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices prohibited (a) In general Section 2512 of title 18, United States Code, is amended by adding at the end the following: (4) Any person who violates this section with the intent to benefit any government of a foreign country (as defined in section 1 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 )), agency or instrumentality of a foreign state (as defined in section 1603(b) of title 28, United States Code), or agent of a foreign principal (as defined in section 1 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 )) shall be fined under this title, imprisoned for not more than 20 years, or both. . (b) Sentencing enhancement for foreign involvement in violations of section 2512 of title 18, United States Code Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines to ensure that the guidelines provide an additional penalty increase of not fewer than 4 offense levels if the defendant violated section 2512 of title 18, United States Code, with the intent to benefit any government of a foreign country, agency or instrumentality of a foreign state, or agent of a foreign principal. II Protecting U.S. businesses from foreign trade secret theft 201. Short title This title may be cited as the Protecting U.S. Businesses from Foreign Trade Secrets Theft Act of 2021 . 202. Prohibition on misappropriating U.S. trade secrets (a) In general Chapter 90 of title 18, United States Code, is amended by adding at the end the following: 1840. Applicability to foreign persons (a) Definitions In this section— (1) the term critical technology has the meaning given the term critical technologies in section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ); (2) the term designated Federal agency means— (A) the Department of Homeland Security; (B) U.S. Customs and Border Protection; (C) the Department of Commerce; (D) the Securities and Exchange Commission; (E) the Export-Import Bank of the United States; (F) the Department of State; and (G) the United States Patent and Trademark Office; (3) the term foreign person means a person that is not a United States person; (4) the term International Trade Commission means the United States International Trade Commission; (5) the term offending foreign person means a foreign person— (A) who misappropriates a trade secret; and (B) with respect to whom a petition submitted under subsection (b)(1) satisfies the requirements under that subsection, as determined by the Attorney General; (6) the term person means— (A) an individual; and (B) a corporation, business association, partnership, society, or trust, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and (7) the term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) a corporation or other legal entity that is organized under the laws of the United States, any State or territory thereof, or the District of Columbia; and (C) a corporation or other legal entity— (i) organized under the laws of a jurisdiction outside of the United States; and (ii) with respect to which a United States person described in subparagraph (A) or (B)— (I) holds more than 50 percent of the equity interest by vote or value; (II) holds a majority of seats on the board of directors; or (III) otherwise controls the actions, policies, or personnel decisions. (b) Petition for relief (1) Demonstration of misappropriation If an owner of a trade secret, who is a United States person, wishes to have the Attorney General or the head of the applicable designated Federal agency apply a penalty under subsection (c) to a foreign person who has misappropriated the trade secret, the owner shall submit to the Attorney General a petition demonstrating that— (A) (i) a court has entered a temporary restraining order, preliminary injunction, or final judgment under section 1836 of this title against the foreign person for misappropriating a trade secret of the owner; (ii) the International Trade Commission has issued a temporary exclusion order or final exclusion order under section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) against the foreign person for misappropriating a trade secret of the owner; or (iii) an indictment has been issued under section 1831 or 1832 of this title against the foreign person for misappropriating a trade secret of the owner; (B) the trade secret described in the applicable clause of subparagraph (A) involves or is a component of critical technology; and (C) the remedies available to the owner under section 1836 of this title or section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ), as applicable, are unlikely to provide complete relief to the owner because the foreign person has used or is reasonably likely to use the misappropriated trade secret in the home country of the foreign person or a third country, such that activities of the foreign person relevant to the determinations under subparagraph (A) take place outside the United States. (2) Review Not later than 60 days after the date on which an owner who is a United States person submits a petition to the Attorney General under paragraph (1), the Attorney General shall determine whether the petition satisfies the requirements under that paragraph. (3) Notification If the Attorney General determines under paragraph (2) that a petition satisfies the requirements under paragraph (1), the Attorney General shall so notify the head of each designated Federal agency not later than 30 days after the date of the determination. (4) Sense of Congress It is the sense of Congress that if the Attorney General determines under paragraph (2) that a petition relating to a foreign person satisfies the requirements under paragraph (1), the Attorney General and the head of each designated Federal agency should impose 1 or more penalties on the foreign person under subsection (c), to the extent that the penalties are applicable. (c) Penalties (1) In general Subject to paragraphs (2) and (3), not later than 90 days after the date on which the Attorney General provides notice to the head of each designated Federal agency under subsection (b)(3) with respect to an offending foreign person, the Attorney General or the head of a designated Federal agency, as applicable, may impose 1 or more of the following penalties on the offending foreign person: (A) Import restriction The Commissioner of U.S. Customs and Border Protection may exclude from entry into the United States any articles produced by the offending foreign person. (B) Export licenses (i) Dual-use exports The Secretary of Commerce may refuse to issue any specific license, or grant any other specific permission or authority, for the export, reexport, or in-country transfer of items to the offending foreign person under the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.). (ii) Defense articles and defense services The Secretary of State may refuse to issue any license or other approval for the export of defense articles or defense services to the offending foreign person under the Arms Export Control Act ( 22 U.S.C. 2751 et seq.). (C) Restricted parties (i) Commerce lists The Secretary of Commerce may add the offending foreign person to one of the following lists maintained by the Bureau of Industry and Secretary of the Department of Commerce: (I) The Entity List set forth in Supplement No. 4 to part 744 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations. (II) The Denied Persons List maintained pursuant to section 764.3 of the Export Administration Regulations. (ii) Treasury list The Secretary of the Treasury may add the offending foreign person to the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. (D) Securities reporting The Securities and Exchange Commission may determine whether the use by the offending foreign person of the misappropriated trade secret is a reportable material condition in any filing by the offending foreign person required under applicable securities laws of the United States. (E) Patent protection The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office may prohibit the offending foreign person from applying for patent protection, being listed as an inventor on a patent application, or continuing a patent application under title 35, United States Code. (F) Export-Import Bank assistance for exports to foreign person The Export-Import Bank of the United States may refuse to approve the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the offending foreign person. (G) Exclusion of corporate officers The Secretary of State may deny a visa application, and the Secretary of Homeland Security may deny an application for admission to the United States, of any alien that the applicable Secretary determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the offending foreign person. (H) Other penalties The Attorney General or the head of a designated Federal agency— (i) may not procure, or enter into a contract for the procurement of, any goods or services from the offending foreign person; (ii) may prohibit, pursuant to notice issued by the Attorney General, a United States person from knowingly investing in or purchasing significant amounts of equity or debt instruments of the offending foreign person; (iii) may impose on a principal executive officer of the offending foreign person, or on an individual performing similar functions and with similar authorities as such an officer, any penalty under this subsection that could be imposed on the offending foreign person; and (iv) may impose on the offending foreign person any other penalty authorized under any provision of Federal law, as determined appropriate. (2) Duration of penalties (A) Temporary penalty If a court enters a temporary restraining order or preliminary injunction under section 1836 of this title against an offending foreign person for misappropriating a trade secret, the International Trade Commission issues a temporary exclusion order under section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) against an offending foreign person for misappropriating a trade secret, or an indictment is issued under section 1831 or 1832 of this title against an offending foreign person for misappropriating a trade secret, the Attorney General or the head of a designated Federal agency may impose a penalty under paragraph (1) on the offending foreign person during the period during which the temporary restraining order, preliminary injunction, temporary exclusion order, or indictment remains in effect. (B) Permanent penalty If a court enters a final judgment under section 1836 of this title against an offending foreign person for misappropriating a trade secret, the International Trade Commission issues a final exclusion order under section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ) against an offending foreign person for misappropriating a trade secret, or an offending foreign person is convicted under section 1831or 1832 of this title of misappropriating a trade secret, the Attorney General or the head of a designated Federal agency may permanently impose a penalty under paragraph (1) on the foreign person. (3) Petition for review (A) In general If the Attorney General or the head of a designated Federal agency imposes a temporary penalty under paragraph (2)(A) or a permanent penalty under paragraph (2)(B) on an offending foreign person, the offending foreign person may submit to the Attorney General or the head of the designated Federal agency a petition for the revocation or modification of the penalty— (i) not later 45 days after the date on which the penalty is imposed; or (ii) in the case of a permanent penalty, if the final judgment, final exclusion order, or conviction upon which the permanent penalty is based is reversed on appeal or otherwise vacated, not later than 45 days after the date of the reversal or vacatur. (B) Contents of petition (i) In general An offending foreign person shall include in a petition submitted under subparagraph (A) a full written statement in support of the position of the offending foreign person, including a precise statement of why— (I) an insufficient basis exists for the penalty; or (II) the circumstances resulting in the penalty no longer apply. (ii) Remedial steps An offending foreign person may, in a petition submitted under subparagraph (A), propose remedial steps that would negate the basis for the penalty. (C) Determination The Attorney General or the head of a designated Federal agency, as applicable, shall make a determination with respect to a petition submitted under subparagraph (A). (d) Report (1) In general Not later than 1 year after the date of enactment of this section, and each year thereafter, the Attorney General, in coordination with the head of each designated Federal agency, shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that— (A) with respect to the preceding year— (i) identifies foreign countries, state-owned and state-controlled entities, and other persons that engaged in the misappropriation of trade secrets owned by United States persons; (ii) describes any strategy used by a foreign country to undertake misappropriation of trade secrets owned by United States persons; (iii) identifies categories of technologies developed by, or trade secrets owned by, United States persons that were targeted for misappropriation; (iv) lists legal actions taken under section 1836 of this title, section 337 of the Tariff Act of 1930 ( 19 U.S.C. 1337 ), or section 1831 or 1832 of this title— (I) against an offending foreign person who misappropriated a trade secret owned by a United States person; and (II) as a result of which the products of the offending foreign person described in subclause (I) may never enter the United States; and (v) describes progress made in decreasing the prevalence of misappropriation of trade secrets owned by United States persons; and (B) recommends strategies to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives to decrease the misappropriation by foreign persons of trade secrets owned by United States persons. (2) Form of report A report submitted under paragraph (1) shall be submitted in unclassified form but may contain a classified annex. . (b) Table of sections The table of sections for chapter 90 of title 18, United States Code, is amended by adding at the end the following: 1840. Applicability to foreign persons. . III Combating cybercrime 301. Short title This title may be cited as the International Cybercrime Prevention Act . 302. Predicate offenses Part I of title 18, United States Code, is amended— (1) in section 1956(c)(7)(D)— (A) by striking or section 2339D and inserting section 2339D ; and (B) by striking of this title, section 46502 and inserting , or section 2512 (relating to the manufacture, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices) of this title, section 46502 ; and (2) in section 1961(1), by inserting section 1030 (relating to fraud and related activity in connection with computers) if the act indictable under section 1030 is felonious, before section 1084 . 303. Forfeiture (a) In general Section 2513 of title 18, United States Code, is amended to read as follows: 2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property (a) Criminal forfeiture (1) In general The court, in imposing a sentence on any person convicted of a violation of section 2511 or 2512, or convicted of conspiracy to violate section 2511 or 2512, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained or retained directly or indirectly as a result of such violation. (2) Forfeiture procedures Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), other than subsection (d) thereof, shall apply to criminal forfeitures under this subsection. (b) Civil forfeiture (1) In general The following shall be subject to forfeiture to the United States in accordance with provisions of chapter 46 and no property right shall exist in them: (A) Any property, real or personal, used or intended to be used, in any manner, to commit, or facilitate the commission of a violation of section 2511 or 2512, or a conspiracy to violate section 2511 or 2512. (B) Any property, real or personal, constituting, or traceable to the gross proceeds taken, obtained, or retained in connection with or as a result of a violation of section 2511 or 2512, or a conspiracy to violate section 2511 or 2512. (2) Forfeiture procedures Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 relating to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. . (b) Technical and conforming amendment The table of sections for chapter 119 is amended by striking the item relating to section 2513 and inserting the following: 2513. Confiscation of wire, oral, or electronic communication intercepting devices and other property. . 304. Shutting down botnets (a) In general Section 1345 of title 18, United States Code, is amended— (1) in the heading, by inserting and abuse after fraud ; (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by striking or at the end; (ii) in subparagraph (C), by inserting or after the semicolon; and (iii) by inserting after subparagraph (C) the following: (D) violating or about to violate section 1030(a)(5) of this title where such conduct has caused or would cause damage (as defined in section 1030) without authorization to 100 or more protected computers (as defined in section 1030) during any 1-year period, including by— (i) impairing the availability or integrity of the protected computers without authorization; or (ii) installing or maintaining control over malicious software on the protected computers that, without authorization, has caused or would cause damage to the protected computers; ; and (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting , a violation described in subsection (a)(1)(D), before or a Federal ; and (3) by adding at the end the following: (c) A restraining order, prohibition, or other action described in subsection (b), if issued in circumstances described in subsection (a)(1)(D), may, upon application of the Attorney General— (1) specify that no cause of action shall lie in any court against a person for complying with the restraining order, prohibition, or other action; and (2) provide that the United States shall pay to such person a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in complying with the restraining order, prohibition, or other action. . (b) Technical and conforming amendment The table of sections for chapter 63 of title 18, United States Code, is amended by striking the item relating to section 1345 and inserting the following: 1345. Injunctions against fraud and abuse. . 305. Aggravated damage to a critical infrastructure computer (a) In general Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer (a) Offense It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer, if such damage results in (or, in the case of an attempted offense, would, if completed, have resulted in) the substantial impairment— (1) of the operation of the critical infrastructure computer; or (2) of the critical infrastructure associated with such computer. (b) Penalty Any person who violates subsection (a) shall, in addition to the term of punishment provided for the felony violation of section 1030, be fined under this title, imprisoned for not more than 20 years, or both. (c) Consecutive sentence Notwithstanding any other provision of law— (1) a court shall not place any person convicted of a violation of this section on probation; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony violation of section 1030; (3) in determining any term of imprisonment to be imposed for the felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such violation to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, if such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. (d) Definitions In this section— (1) the terms computer and damage have the meanings given the terms in section 1030; and (2) the term critical infrastructure means systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have catastrophic regional or national effects on public health or safety, economic security, or national security, including voter registration databases, voting machines, and other communications systems that manage the election process or report and display results on behalf of State and local governments. . (b) Table of sections The table of sections for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer. . 306. Stopping trafficking in botnets; fraud and related activity in connection with computers (a) In general Section 1030 of title 18, United States Code, is amended— (1) in subsection (a)— (A) by striking paragraph (2) and inserting the following: (2) (A) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains information, if— (i) the conduct was undertaken in furtherance of any felony violation of the laws of the United States or of any State, unless an element of such violation would require proof that the information was obtained without authorization or in excess of authorization; or (ii) the protected computer is owned or operated by or on behalf of a State or local governmental entity responsible for the administration of justice, public health, or safety, or owned or operated by or on behalf of the United States Government; or (B) intentionally accesses a computer without authorization, and thereby obtains information from any protected computer; ; (B) by striking paragraph (6) and inserting the following: (6) knowing such conduct to be wrongful, intentionally traffics in any password or similar information, or any other means of access, further knowing or having reason to know that a protected computer would be accessed or damaged without authorization in a manner prohibited by this section as the result of such trafficking; ; (C) in paragraph (7), by adding or at the end; and (D) by inserting after paragraph (7) the following: (8) intentionally traffics in the means of access to a protected computer, if— (A) the trafficker knows or has reason to know the protected computer has been damaged in a manner prohibited by this section; and (B) the promise or agreement to pay for the means of access is made by, or on behalf of, a person the trafficker knows or has reason to know intends to use the means of access to— (i) damage a protected computer without authorization; or (ii) violate section 1037 or 1343; ; (2) in subsection (c)— (A) in paragraph (2), by striking , (a)(3), or (a)(6) each place it appears and inserting or (a)(3) ; (B) in paragraph (3)— (i) in subparagraph (A), by striking (a)(4) or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; and (ii) in subparagraph (B), by striking (a)(4), or (a)(7) and inserting (a)(4), (a)(7), or (a)(8) ; and (C) in paragraph (4)— (i) in subparagraph (C)(i), by striking or an attempt to commit an offense ; and (ii) in subparagraph (D), by striking clause (ii) and inserting the following: (ii) an offense, or an attempt to commit an offense, under subsection (a)(6); ; (3) in subsection (e)— (A) by striking paragraph (6) and inserting the following: (6) the term exceeds authorized access means— (A) (i) to access a computer with authorization and thereby to knowingly obtain information from such computer that the accessor is not entitled to obtain; or (ii) to knowingly obtain any information from such computer for a purpose that is prohibited by the computer owner; and (B) provided that the limitation on access to or use of the information is not based solely on the terms governing use of an online service by customers or subscribers thereof, including terms set forth in an acceptable use policy or terms of service; ; (B) by striking paragraph (10); (C) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively; (D) in paragraph (10), as so redesignated, by striking and ; (E) in paragraph (11), as so redesignated, by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following: (12) the term online service — (A) means an electronic communication service (as defined in section 2510) to the public, a remote computing service (as defined in section 2711), or other service that provides content or computing services to the public over the Internet; and (B) does not include an enterprise service; (13) the term enterprise service means any electronic communication service (as defined in section 2510) to the public, remote computing service (as defined in section 2711), or other service that provides content or computing services to the public for which the user, customer, or subscriber has paid, or on whose behalf has been paid, more than $10,000 in a calendar year in exchange for the right to access or use the service; and (14) the term traffic , except as provided in subsection (a)(6), means transfer, or otherwise dispose of, to another as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value. ; (4) in subsection (g), in the first sentence, by inserting , except for a violation of subsection (a)(6), after of this section ; and (5) by striking subsections (i) and (j) and inserting the following: (i) Criminal forfeiture (1) In general The court, in imposing a sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such person’s interest in any property, real or personal, that was used or intended to be used to commit or to facilitate the commission of such violation; and (B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained or retained, directly or indirectly, as a result of such violation. (2) Forfeiture procedures Pursuant to section 2461(c) of title 28, the provisions of section 413 of the Controlled Substances Act ( 21 U.S.C. 853 ), other than subsection (d) thereof, shall apply to criminal forfeitures under this subsection. (j) Civil forfeiture (1) In general The following shall be subject to forfeiture to the United States in accordance with chapter 46, and no property right shall exist in them: (A) Any property, real or personal, used or intended to be used, in any manner— (i) to commit, or facilitate the commission of, a violation of this section; or (ii) in a conspiracy to violate this section. (B) Any property, real or personal, constituting or traceable to the gross proceeds taken, obtained, or retained in connection with or as a result of— (i) a violation of this section; or (ii) a conspiracy to violate this section. (2) Forfeiture procedures Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 that apply to civil forfeitures, except that such duties as are imposed on the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. . (b) Technical and conforming amendment Section 7431(e)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B) and inserting subparagraph (B)(iii) . IV Espionage, theft of trade secrets, and improper interference in United States elections 401. Espionage, theft of trade secrets, theft of intellectual property, involvement in commercial fraud schemes, and improper interference in United States elections (a) Definitions Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by adding at the end the following: (53) (A) The term espionage means conduct— (i) in violation of— (I) the Act of June 15, 1917 (40 Stat. 217, chapter 30) (commonly known as the Espionage Act of 1917 ); (II) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); or (III) any other Federal criminal law relating to an activity described in clause (ii); or (ii) (I) by an alien who is under the direction of— (aa) a foreign government; or (bb) an intermediary individual or entity that seeks to serve, support, or benefit a foreign government; and (II) with respect to confidential information, that constitutes— (aa) stealing or, without authorization, appropriating, taking, carrying away, concealing, or, by fraud, artifice, or deception, obtaining such information; (bb) without authorization, copying, duplicating, sketching, drawing, photographing, downloading, uploading, altering, destroying, photocopying, replicating, transmitting, delivering, sending, mailing, communicating, or conveying such information; or (cc) receiving, buying, or possessing such information, knowing that the information has been stolen or appropriated, obtained, or converted without authorization. (B) The term espionage includes economic espionage. (54) The term improper interference in a United States election means conduct by an alien that— (A) (i) violates Federal criminal, voting rights, or campaign finance law; or (ii) is under the direction of— (I) a foreign government; or (II) an intermediary individual or entity that seeks to serve, support, or benefit a foreign government; and (B) interferes with a general or primary Federal, State, or local election or caucus, including— (i) the campaign of a candidate; and (ii) a ballot measure, including— (I) an amendment; (II) a bond issue; (III) an initiative; (IV) a recall; (V) a referral; and (VI) a referendum. (55) The term theft of a trade secret means conduct— (A) in violation of— (i) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); or (ii) any other Federal criminal law relating to an activity described in subparagraph (B); or (B) (i) by an alien who is under the direction of— (I) a foreign government; or (II) an intermediary individual or entity that seeks to serve, support, or benefit a foreign government; and (ii) with respect to a trade secret relating to a product or service used or intended for use in interstate or foreign commerce, that constitutes— (I) stealing or, without authorization, appropriating, taking, carrying away, concealing, or, by fraud, artifice, or deception, obtaining such trade secret for the economic benefit of any person other than the owner of the trade secret; (II) without authorization, copying, duplicating, sketching, drawing, photographing, downloading, uploading, altering, destroying, photocopying, replicating, transmitting, delivering, sending, mailing, communicating, or conveying such trade secret; or (III) receiving, buying, or possessing such trade secret, knowing that the trade secret has been stolen or appropriated, obtained, or converted without authorization. . (b) Inadmissibility Section 212(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3) ) is amended by adding at the end the following: (H) Espionage and theft of trade secrets An alien is inadmissible if a consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows, or has reasonable grounds to believe— (i) the alien is seeking admission or sought admission to the United States to engage in espionage or theft of a trade secret; (ii) the alien has engaged or intends to engage in espionage or theft of a trade secret; or (iii) the affiliation or activities of the alien with, or the control of the alien by, an individual, an entity, or a funding mechanism known or reasonably believed to be engaged in, or to have the intention of engaging in, espionage or theft of a trade secret. (I) Improper interference in a United States election Any alien who a consular officer, the Secretary of Homeland Security, the Secretary of State, or the Attorney General knows, or has reasonable grounds to believe, is seeking admission to the United States to engage in improper interference in a United States election, or who has engaged in improper interference in a United States election, is inadmissible. . (c) Deportability Section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ) is amended by adding at the end the following: (8) Espionage and theft of trade secrets Any alien who has engaged, is engaged, or at any time after admission engages in espionage or theft of a trade secret is deportable. (9) Improper interference in a United States election Any alien who has engaged, is engaged, or at any time after admission engages in improper interference in a United States election is deportable. . 402. Visa and nonimmigrant status restrictions (a) Period of authorized stay for certain citizens and nationals of the People's Republic of China Section 214(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(a)(2) ) is amended by adding at the end the following: (C) (i) The period of authorized stay for a citizen or national of the People's Republic of China who seeks admission to the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) to study, research, teach, or work in any field described in the most recent technology alert list of the Department of State or in section 221(j)(1)— (I) shall be— (aa) a fixed period of not more than 4 years; or (bb) the length of the program identified on the Form I–20, Certificate of Eligibility for Nonimmigrant Student Status, or the Form DS–2019, Certificate of Eligibility for Exchange Visitor Status, as applicable, of such citizen or national of the People's Republic of China; and (II) may be extended by the Secretary of Homeland Security for 1 or more additional periods of not more than 2 years. (ii) This subparagraph shall not apply to any national of Hong Kong or Macau. . (b) Prohibition on issuance of visas to certain citizens and nationals of the People's Republic of China Section 221 of the Immigration and Nationality Act ( 8 U.S.C. 1201 ) is amended by adding at the end the following: (j) Prohibition on issuance of visas to certain citizens and nationals of the People's Republic of China (1) In general The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall not admit into the United States, or grant a change of nonimmigrant status to, an alien who is a citizen or national of the People's Republic of China if the Secretary of State or the Secretary of Homeland Security determines that the alien— (A) presents a risk to national security; or (B) otherwise seeks to enter the United States to participate in graduate-level coursework or research at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) in a field described in paragraph (2). (2) Fields described The fields described in this paragraph are— (A) the military or intelligence sector; (B) the energy sector; (C) nuclear science or nuclear engineering; (D) high-end numerical control machinery and robotics; (E) autonomous systems or machine learning; (F) artificial intelligence; (G) production and application of high-performance medical devices; (H) semiconductors; (I) new energy vehicles; (J) mobile phone technology; (K) next-generation information technology; (L) aviation, aeronautics, or space; (M) biomedicine; and (N) any related field, as determined by the Secretary of State or the Secretary of Homeland Security. (3) Termination of status (A) In general With respect to an alien who is a citizen or national of the People's Republic of China who has been admitted to the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15), the Secretary of Homeland Security shall terminate the status and employment authorization of, and revoke any petition approval of or on behalf of, the alien if the Secretary determines that after such admission the alien— (i) has engaged in an activity or affiliation that presents a risk to national security; or (ii) has changed his or her program, course of study, research, or employment to graduate-level coursework or research at an institution of higher education in a field described in paragraph (2). (B) Failure to maintain nonimmigrant status Any change or attempted change described in subparagraph (A) shall be considered to be a failure to maintain nonimmigrant status under this Act. (4) Inapplicability to nationals of Hong Kong and Macau This subsection shall not apply to any national of Hong Kong or Macau. . (c) Applicability The amendments made by this section shall apply with respect to— (1) any visa application filed on or after the date of the enactment of this Act; and (2) the status of any alien, except for a national of Hong Kong or Macau, who— (A) is a citizen or national of the People's Republic of China, regardless of the country of the passport presented by, or the country of residence of, the alien; (B) before, on, or after the date of the enactment of this Act, has been or is admitted to the United States as a nonimmigrant described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and (C) has changed or changes his or her program, course of study, research, or employment to graduate-level coursework or research at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) in a field described in section 221(j)(1) of the Immigration and Nationality Act (as added by subsection (b)). V Government-funded research projects 501. Findings Congress find the following: (1) The People’s Republic of China (referred to in this subsection as the PRC or China ) poses an existential threat to the economic interests and national security of the United States, in part due to the continued efforts of the PRC to steal sensitive technology and proprietary information from companies, academic institutions, and other organizations of the United States through economic espionage and other forms of nontraditional espionage. (2) The PRC, through the Chinese Communist Party (referred to in this subsection as the CCP ), has long had an interest in replacing the United States as the world’s foremost superpower. China takes a holistic approach towards achieving its long-term goals, which are rooted in the concept of a comprehensive national power, including achieving dominance in economics, military affairs, science and technology, education, and global influence. (3) Nontraditional forms of espionage serve as primary tools to further the goals of the CCP. Those tools include talent recruitment programs designed to recruit Chinese nationals to acquire knowledge about—and, often, steal—valuable and sensitive research at universities and research institutions abroad, and to lure foreign experts to China to work on key strategic programs. More broadly, the PRC uses mergers and acquisitions or joint ventures as a means to gain access to high-level technology, uses cyber intrusions to steal information, and uses front companies for PRC-related entities to acquire export-controlled technology. (4) In 2015, President Xi Jinping of the PRC released the Made in China 2025 initiative, a 10-year plan to update the manufacturing base of China by developing the following 10 high-tech industries: (A) Electric cars and other new energy vehicles. (B) Next-generation information technology and telecommunications. (C) Advanced robotics and artificial intelligence. (D) Aerospace equipment. (E) Bio-medicine and high-end medical equipment. (F) Ocean engineering equipment and high-end vessels. (G) High-end rail transportation equipment. (H) Electrical equipment. (I) Farming machines. (J) New materials, such as polymers. (5) In attempting to overtake the United States and achieve its Made in China 2025 goals, China has systematically sought to identify areas of American innovation, education, and technology that could be replicated, stolen, or appropriated. (6) The very nature of the open society of the United States—a free market economy that incentivizes creativity and ingenuity and promotes the free flow of capital and ideas, a higher education system and scientific research community that encourages collaboration domestically and internationally, and a liberal democratic government that lacks a top-down, authoritarian structure—creates opportunities for the PRC to target the United States in ways that are either not adequately protected or not even anticipated as possible threats. (7) The Director of the Federal Bureau of Investigation has assessed that there’s no country that’s even close to the PRC when it comes to foreign espionage, in traditional or nontraditional forms. (8) As the 2018 Foreign Economic Espionage in Cyberspace report of the National Counterintelligence and Security Center (commonly known as the NCSC ) stated, China has expansive efforts in place to acquire United States technology, including sensitive trade secrets and proprietary information. China continues to use cyber espionage to support its strategic development goals—science and technology advancement, military modernization, and economic policy objectives. Chinese companies and individuals often acquire United States technology for commercial and scientific purposes. (9) In April 2020, the Office of the United States Trade Representative (referred to in this subsection as the USTR ) issued its annual Special 301 Report, in which the USTR reviews the state of intellectual property protection and enforcement in trading partners of the United States around the world. The USTR continues to place China on the Priority Watch List, which reflects United States concerns with China’s system of pressuring and coercing technology transfer, and the continued need for fundamental structural changes to strengthen IP protection and enforcement, including as to trade secret theft, obstacles to protecting trademarks, online piracy and counterfeiting, the high-volume manufacturing and export of counterfeit goods, and impediments to pharmaceutical innovation. . (10) The theft of intellectual property, trade secrets, sensitive technology, and scientific and other academic research all contribute to China’s goal of achieving preeminent superpower status. China’s failure to respect intellectual property rights, failure to adhere to the rule of law, and efforts to obtain intellectual property, trade secrets, technology, and research through improper or illicit means all pose a significant economic and national security threat to the United States. (11) In recent years, China has increased its use of nontraditional espionage to target colleges and universities in the United States, particularly with respect to cutting edge research and technologies being developed by such universities, including technology that has military applications. (12) The universities of the United States provide fertile ground for nontraditional espionage given the open, international, and collaborative nature of most university research and the legitimate interest of universities in encouraging international collaboration. (13) While the United States benefits from attracting the top research talent from around the world, universities nevertheless must take appropriate measures to ensure that China is not able to use academic collaboration to steal United States intellectual property or engage in other activities that might harm the national security of the United States. (14) In response to the increased wave of nontraditional espionage over recent years, the Department of Justice launched a China Initiative in 2018. The goal of the China Initiative is to identify and prosecute individuals and entities engaged in economic and other nontraditional espionage, trade secret theft, hacking, and other crimes, while protecting critical infrastructure against external threats and combating covert efforts to influence the American public. (15) Several recent criminal and civil enforcement actions taken by the Department of Justice highlight China’s pervasive and illegal targeting of intellectual property and valuable research from United States universities, including the following: (A) Dr. Qing Wang was a former employee of the Cleveland Clinic Foundation. He had received more than $3,000,000 in grant funding from the National Institutes of Health (commonly known as NIH ). Dr. Wang was charged in a criminal complaint with knowingly failing to disclose to NIH that he was Dean of the College of Life Sciences and Technology at the Huazhong University of Science and Technology (referred to in this subparagraph as HUST ) and received grant funds from the National Natural Science Foundation of China for some of the same scientific research funded by NIH. Dr. Wang also allegedly participated in the Thousand Talents Program, for which China provided $3,000,000 in research support to enhance the facilities and operations at HUST. Federal law enforcement agencies arrested Dr. Wang in May 2020. (B) Dr. James Patrick Lewis was a tenured professor at West Virginia University in the physics department from 2006 to 2019. In July 2017, Dr. Lewis entered into a contract of employment with the PRC through its Global Experts Thousand Talents Plan. In March 2020, Dr. Lewis pled guilty to 1 count of Federal program fraud. (C) Anming Hu, an Associate Professor in the Department of Mechanical, Aerospace, and Biomedical Engineering at the University of Tennessee, Knoxville (commonly known as UT ), allegedly engaged in a scheme to defraud the National Aeronautics and Space Administration (commonly known as NASA ) by concealing his affiliation with Beijing University of Technology (referred to in this subparagraph as BJUT ). Hu’s false representations to UT about his affiliation with BJUT caused UT to falsely certify to NASA that UT was in compliance with Federal law. In February 2020, Mr. Hu was indicted on Federal charges of wire fraud and false statements. (D) Dr. Charles Lieber served as the Principal Investigator of the Lieber Research Group at Harvard University, which specialized in the area of nanoscience. Dr. Lieber had received more than $15,000,000 in grant funding from NIH and the Department of Defense since 2008. Unbeknownst to Harvard University, beginning in 2011, Lieber allegedly became a Strategic Scientist at Wuhan University of Technology in China (referred to in this subparagraph as WUT ) and was a contractual participant in the Thousand Talents Plan from 2012 to 2017. Under the terms of the Thousand Talents contract, WUT paid Lieber $50,000 per month, paid him living expenses of up to approximately $158,000, and awarded him more than $1,500,000 to establish a research lab at WUT. In return, Lieber was obligated to work for WUT for 9 months per year. Lieber lied about his involvement with WUT to both Harvard University and Federal investigators. In January 2020, Lieber was arrested and charged with making a materially false, fictitious and fraudulent statement. (E) In January 2020, Yanqing Ye, a Chinese national, Lieutenant of the People’s Liberation Army (referred to in this subparagraph as the PLA ), and member of the CCP, was indicted on visa fraud, false statements, and acting as an agent of a foreign power without prior notification. Ye allegedly falsely identified as a student and lied about her ongoing military service at the National University of Defense Technology. While studying at Boston University’s Department of Physics, Chemistry, and Biomedical Engineering, Ye continued to work as a PLA Lieutenant and completed assignments from PLA officers, including conducting research, assessing United States military websites, and sending United States documents and information to China. (F) In January 2020, Zaoson Zheng, a Chinese national, was arrested at Logan Airport in Boston and charged with attempting to smuggle 21 vials of biological research to China. Zheng had allegedly entered the United States in 2018 on a J–1 visa and conducted cancer cell research at Beth Israel Deaconess Medical Center in Boston. Zheng admitted he stole the vials from a lab at Beth Israel, and that he intended to bring the vials to China, use them to conduct research in his own laboratory, and publish the results under his own name. (G) In December 2019, the Van Andel Research Institute (referred to in this subparagraph as VARI ) reached a settlement with the Department of Justice to pay $5,500,000 to resolve allegations that it violated the law commonly known as the False Claims Act (section 3729 through 3733 of title 31, United States Code) by failing to disclose, in Federal grant applications and progress reports submitted to NIH, that the Chinese government funded 2 VARI researchers through grants. The VARI researchers were receiving research funding from Chinese sources while VARI was applying for and receiving NIH funding on their behalf. (H) In September 2019, Yu Zhou and Li Chen were charged with crimes related to stealing exosome-related trade secrets. Zhou and Chen, spouses who worked in separate medical research labs at the Nationwide Children’s Hospital Research Institute, conspired to steal scientific trade secrets related to exosomes and exosome isolation from the Research Institute. The couple allegedly founded a company in China without the hospital’s knowledge. While employed at the Research Institute, they marketed products and services related to exosome isolation through their Chinese company. They also founded an American biotechnology company advertising products and services related to exosomes isolation, including a kit developed from a trade secret created at a Nationwide Children’s research lab. They eventually received more than $876,000 and stock related to an asset purchase agreement involving the American company. (I) In August 2019, Feng Tao, an associate professor at Kansas University, was indicted on Federal charges for concealing the fact that he was a full-time employee for Fuzhou University in China while doing research at Kansas University funded by the United States Government. Tao allegedly defrauded the United States Government by unlawfully receiving Federal grant money at the same time that he was employed and paid by a Chinese research university. (J) Weiqiang Zhang, a Chinese national and United States legal permanent resident, acquired, without authorization, hundreds of rice seeds produced by his employer, Ventria Bioscience. Ventria is a Kansas biopharmaceutical research facility that develops genetically programmed rice to express recombinant human proteins, which are then extracted for use in the therapeutic and medical fields. Ventria spent millions of dollars and years of research developing its seeds and cost-effective methods to extract the proteins. Ventria used locked doors with magnetic card readers to restrict access to the temperature-controlled environment where the seeds were stored and processed. Zhang worked as a rice breeder for Ventria. In 2013, personnel from a crop research institute in China visited Zhang at his home in Kansas. Zhang drove the visitors to tour facilities in several States. United States Customs and Border Protection officers found seeds belonging to Ventria in the luggage of Zhang’s visitors as they prepared to leave the United States for China. In April 2018, Zhang was sentenced to 121 months in a Federal prison after having been convicted in February 2017 of 1 count of conspiracy to steal trade secrets, 1 count of conspiracy to commit interstate transportation of stolen property, and 1 count of interstate transportation of stolen property. (16) It remains a national security priority for the United States to protect the research and innovation developed in United States colleges and universities from misappropriation by any country, including the PRC. 502. Definitions In this title: (1) Agency head The term agency head , with respect to a covered research project, means the head of the covered agency providing the funding for the covered research project. (2) Covered agency The term covered agency means— (A) the Department of Defense; (B) the Department of Energy; and (C) an element of the intelligence community, as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (3) Covered country The term covered country means— (A) the People’s Republic of China; and (B) any other country designated by the Director, based on findings similar to the findings under subsection (a), which shall include consideration of— (i) whether the country poses an existential threat to the economic interests and national security of the United States; (ii) whether the country engages in persistent efforts to steal sensitive technology and proprietary information from companies, academic institutions, and other organizations of the United States through economic espionage and other forms of nontraditional espionage; (iii) whether nontraditional forms of espionage serve as primary tools to further the goals of the country; (iv) whether the nontraditional forms of espionage described in clause (iii) include— (I) talent recruitment programs designed to recruit the country’s nationals to acquire knowledge about—and, often, steal—valuable and sensitive research at universities and research institutions abroad; (II) luring foreign experts to the country to work on key strategic programs; (III) using mergers and acquisitions or joint ventures as a means to gain access to high-level technology; (IV) using cyber intrusions to steal information; and (V) using front companies for state-affiliated entities to acquire export-controlled technology; (v) whether the country has systematically sought to identify areas of United States innovation, education, and technology that could be replicated, stolen, or appropriated; and (vi) whether the Office of the United States Trade Representative has placed the country on the Priority Watch List. (4) Covered person The term covered person means an individual or institution of higher education that has a financial relationship with— (A) a covered country; (B) a political party within a covered country; (C) a person who acts as an agent, representative, employee, or servant of a covered country; or (D) a person who acts in any other capacity at the order or request, or under the direction or control, of a covered country. (5) Covered research project The term covered research project means a research project at an institution of higher education— (A) that is funded in whole or in part by a covered agency; and (B) the subject of which is— (i) an item subject to the Export Control Reform Act of 2018 ( 20 U.S.C. 4801 et seq.); (ii) an item listed on the Commerce Control List (commonly known as the CCL ) set forth in Supplement No. 1 to part 774 of title 15, Code of Federal Regulations; or (iii) an item listed on the United States Munitions List under section 38(a)(1) of the Arms Export Control Act ( 22 U.S.C. 2778(a)(1) ). (6) Director The term Director means the Director of National Intelligence. (7) Financial relationship The term financial relationship means— (A) any arrangement under which compensation is provided, directly or indirectly, by a covered country, or another entity or person described in subparagraph (B), (C), or (D) of paragraph (4), to— (i) a covered person; or (ii) an institution of higher education; or (B) any direct or indirect ownership or investment interest by a covered country, or another entity or person described in subparagraph (B), (C), or (D) of paragraph (4), in an institution of higher education. (8) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). 503. Approval of covered persons in sensitive Government-funded research projects (a) Approval required (1) In general A covered person may not participate in a covered research project unless the covered person applies for and receives approval from the agency head to participate. (2) Requirements An agency head may not approve a covered person to participate in a covered research project unless the agency head— (A) performs a background check on the covered person in consultation with the Director; and (B) collects any other relevant information about the covered person that the agency head determines appropriate, except any information pertaining to United States persons that the agency head is prohibited by law from collecting. (b) Penalty If an agency head determines that a covered person participating in a covered research project commenced on the date of enactment of this section has violated subsection (a), the agency head may— (1) impose a probationary period, not to exceed 6 months, on the head of the project or the project; (2) reduce, limit, or eliminate the funding for the project until the violation is remedied; (3) permanently eliminate the funding for the project; or (4) take any other action determined appropriate by the agency head. 504. Disclosure of research assistance from foreign governments (a) In general Chapter 45 of title 18, United States Code, is amended by inserting after section 951 the following: 951A. Disclosure of research assistance from foreign governments (a) Definitions In this section— (1) the terms agent of a foreign principal and foreign principal have the meanings given those terms in section 1 of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 611 ); (2) the term covered research project has the meaning given the term in section 502 of the Combating Chinese Purloining of Trade Secrets Act ; and (3) the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (b) Funding and other assistance (1) Failure to disclose foreign funding (A) Offense It shall be unlawful for a person, while applying for or accepting a grant or other funding from an agency of the United States for a covered research project, to knowingly and willfully fail to disclose to the agency any grant or other funding that the person has received or will receive for the same project from a foreign principal or an agent of a foreign principal, including through an intermediary. (B) Penalty Any person who violates subparagraph (A) shall be fined under this title, imprisoned for not more than 3 years, or both. (2) Failure to disclose material facts (A) Offense It shall be unlawful for a person, while applying for or accepting a grant or other funding from an agency of the United States for a covered research project, to knowingly and willfully fail to disclose to the agency a material fact relating to a connection between a foreign country and the project that might substantially impact the decision of the agency to provide funding to the project, including the fact that a person providing any assistance, including financial assistance, to the project is— (i) a national of a foreign country; (ii) affiliated with an institution comparable to an institution of higher education of higher learning, or another organization, that is headquartered in or substantially funded by a foreign country; or (iii) engaging in research activities for the project in a foreign country. (B) Penalty Any person who violates subparagraph (A) shall be fined under this title, imprisoned for not more than 1 year, or both. (3) Institutions of higher education Any institution of higher education that knowingly and willfully fails to disclose to the appropriate agency of the United States that an officer, agent, or employee of the institution of higher education violated this subsection shall be fined not more than $1,000,000 for each such violation. (c) Transmission of information (1) Offense It shall be unlawful for any person, while applying for or accepting a grant or other funding from an agency of the United States for a covered research project, to knowingly transmit or attempt to transmit information gained in violation of a contract to which the person is a party, including a contract regarding nondisclosure of information, employment, or the provision of goods or services, intending or knowing that the transmission will benefit a foreign principal or an agent of a foreign principal. (2) Penalty Any person who violates paragraph (1) shall be fined under this title, imprisoned for not more than 10 years, or both. . (b) Technical and conforming amendment The table of sections for chapter 45 of title 18, United States Code, is amended by inserting after the item relating to section 950 the following: 951A. Disclosure of research assistance from foreign governments. . | https://www.govinfo.gov/content/pkg/BILLS-117s1245is/xml/BILLS-117s1245is.xml |
117-s-1246 | II 117th CONGRESS 1st Session S. 1246 IN THE SENATE OF THE UNITED STATES April 20, 2021 Ms. Cantwell introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Reclamation Project Act of 1939 to authorize pumped storage hydropower development utilizing multiple Bureau of Reclamation reservoirs.
1. Short title This Act may be cited as the Pacific Northwest Pumped Storage Hydropower Development Act of 2021 . 2. Authority for pumped storage hydropower development using multiple Bureau of Reclamation reservoirs Section 9(c) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c) ) is amended— (1) in paragraph (1), in the fourth sentence, by striking , including small conduit hydropower development and inserting and reserve to the Secretary the exclusive authority to develop small conduit hydropower using Bureau of Reclamation facilities and pumped storage hydropower exclusively using Bureau of Reclamation reservoirs ; and (2) in paragraph (8), by striking has been filed with the Federal Energy Regulatory Commission as of the date of the enactment of the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act and inserting was filed with the Federal Energy Regulatory Commission before August 9, 2013, and is still pending . 3. Limitations on issuance of certain leases of power privilege (a) Definitions In this section: (1) Commission The term Commission means the Federal Energy Regulatory Commission. (2) Director The term Director means the Director of the Office of Hearings and Appeals. (3) Office of Hearings and Appeals The term Office of Hearings and Appeals means the Office of Hearings and Appeals of the Department of the Interior. (4) Party The term party , with respect to a study plan agreement, means each of the following parties to the study plan agreement: (A) The proposed lessee. (B) The Tribes. (5) Project The term project means a proposed pumped storage facility that— (A) would use multiple Bureau of Reclamation reservoirs; and (B) as of June 1, 2017, was subject to a preliminary permit issued by the Commission pursuant to section 4(f) of the Federal Power Act ( 16 U.S.C. 797(f) ). (6) Proposed lessee The term proposed lessee means the proposed lessee of a project. (7) Secretary The term Secretary means the Secretary of the Interior. (8) Study plan The term study plan means the plan described in subsection (d)(1). (9) Study plan agreement The term study plan agreement means an agreement entered into under subsection (b)(1) and described in subsection (c). (10) Tribes The term Tribes means— (A) the Confederated Tribes of the Colville Reservation; and (B) the Spokane Tribe of Indians of the Spokane Reservation. (b) Requirement for issuance of leases of power privilege The Secretary shall not issue a lease of power privilege pursuant to section 9(c)(1) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c)(1) ) (as amended by section 2) for a project unless— (1) the proposed lessee and the Tribes have entered into a study plan agreement; or (2) the Secretary or the Director, as applicable, makes a final determination for— (A) a study plan agreement under subsection (c)(2); or (B) a study plan under subsection (d). (c) Study plan agreement requirements (1) In general A study plan agreement shall— (A) establish the deadlines for the proposed lessee to formally respond in writing to comments and study requests about the project previously submitted to the Commission; (B) allow for the parties to submit additional comments and study requests if any aspect of the project, as proposed, differs from an aspect of the project, as described in a preapplication document provided to the Commission; (C) except as expressly agreed to by the parties or as provided in paragraph (2) or subsection (d), require that the proposed lessee conduct each study described in— (i) a study request about the project previously submitted to the Commission; or (ii) any additional study request submitted in accordance with the study plan agreement; (D) require that the proposed lessee study any potential adverse economic effects of the project on the Tribes, including effects on— (i) annual payments to the Confederated Tribes of the Colville Reservation under section 5(b) of the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act ( Public Law 103–436 ; 108 Stat. 4579); and (ii) annual payments to the Spokane Tribe of Indians of the Spokane Reservation authorized after the date of enactment of this Act, the amount of which derives from the annual payments described in clause (i); (E) establish a protocol for communication and consultation between the parties; (F) provide mechanisms for resolving disputes between the parties regarding implementation and enforcement of the study plan agreement; and (G) contain other provisions determined to be appropriate by the parties. (2) Disputes (A) In general If the parties cannot agree to the terms of a study plan agreement or implementation of those terms, the parties shall submit to the Director, for final determination on the terms or implementation of the study plan agreement, notice of the dispute, consistent with paragraph (1)(F), to the extent the parties have agreed to a study plan agreement. (B) Inclusion A dispute covered by subparagraph (A) may include the view of a proposed lessee that an additional study request submitted in accordance with paragraph (1)(B) is not reasonably calculated to assist the Secretary in evaluating the potential impacts of the project. (C) Timing The Director shall issue a determination regarding a dispute under subparagraph (A) not later than 120 days after the date on which the Director receives notice of the dispute under that subparagraph. (d) Study plan (1) In general The proposed lessee shall submit to the Secretary for approval a study plan that details the proposed methodology for performing each of the studies— (A) identified in the study plan agreement of the proposed lessee; or (B) determined by the Director in a final determination regarding a dispute under subsection (c)(2). (2) Initial determination Not later than 60 days after the date on which the Secretary receives the study plan under paragraph (1), the Secretary shall make an initial determination that— (A) approves the study plan; (B) rejects the study plan on the grounds that the study plan— (i) lacks sufficient detail on a proposed methodology for a study identified in the study plan agreement; or (ii) is inconsistent with the study plan agreement; or (C) imposes additional study plan requirements that the Secretary determines are necessary to adequately define the potential effects of the project on— (i) the exercise of the paramount hunting, fishing, and boating rights of the Tribes reserved pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq.); (ii) the annual payments described in clauses (i) and (ii) of subsection (c)(1)(D); (iii) the Columbia Basin project (as defined in section 1 of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57 Stat. 14, chapter 14; 16 U.S.C. 835 )); (iv) historic properties and cultural or spiritually significant resources; and (v) the environment. (3) Objections (A) In general Not later than 30 days after the date on which the Secretary makes an initial determination under paragraph (2), the Tribes or the proposed lessee may submit to the Director an objection to the initial determination. (B) Final determination Not later than 120 days after the date on which the Director receives an objection under subparagraph (A), the Director shall— (i) hold a hearing on the record regarding the objection; and (ii) make a final determination that establishes the study plan, including a description of studies the proposed lessee is required to perform. (4) No objections If no objections are submitted by the deadline described in paragraph (3)(A), the initial determination of the Secretary under paragraph (2) shall be final. (e) Conditions of lease (1) Consistency with rights of Tribes; protection, mitigation, and enhancement of fish and wildlife (A) In general Any lease of power privilege issued by the Secretary for a project under subsection (b) shall contain conditions— (i) to ensure that the project is consistent with, and will not interfere with, the exercise of the paramount hunting, fishing, and boating rights of the Tribes reserved pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d et seq.); and (ii) to adequately and equitably protect, mitigate damages to, and enhance fish and wildlife, including related spawning grounds and habitat, affected by the development, operation, and management of the project. (B) Recommendations of the Tribes The conditions required under subparagraph (A) shall be based on joint recommendations of the Tribes. (C) Resolving inconsistencies (i) In general If the Secretary determines that any recommendation of the Tribes under subparagraph (B) is not reasonably calculated to ensure the project is consistent with subparagraph (A) or is inconsistent with the requirements of the Reclamation Project Act of 1939 ( 43 U.S.C. 485 et seq.), the Secretary shall attempt to resolve any such inconsistency with the Tribes, giving due weight to the recommendations and expertise of the Tribes. (ii) Publication of findings If, after an attempt to resolve an inconsistency under clause (i), the Secretary does not adopt in whole or in part a recommendation of the Tribes under subparagraph (B), the Secretary shall issue each of the following findings, including a statement of the basis for each of the findings: (I) A finding that adoption of the recommendation is inconsistent with the requirements of the Reclamation Project Act of 1939 ( 43 U.S.C. 485 et seq.). (II) A finding that the conditions selected by the Secretary to be contained in the lease of power privilege under subparagraph (A) comply with the requirements of clauses (i) and (ii) of that subparagraph. (2) Annual charges payable by licensee (A) In general Subject to subparagraph (B), any lease of power privilege issued by the Secretary for a project under subsection (b) shall contain conditions that require the lessee of the project to make direct payments to the Tribes through reasonable annual charges in an amount that recompenses the Tribes for any adverse economic effect of the project identified in a study performed pursuant to the study plan agreement for the project. (B) Agreement (i) In general The amount of the annual charges described in subparagraph (A) shall be established through agreement between the proposed lessee and the Tribes. (ii) Condition The agreement under clause (i), including any modification of the agreement, shall be deemed to be a condition to the lease of power privilege issued by the Secretary for a project under subsection (b). (C) Dispute resolution (i) In general If the proposed lessee and the Tribes cannot agree to the terms of an agreement under subparagraph (B)(i), the proposed lessee and the Tribes shall submit notice of the dispute to the Director. (ii) Resolution The Director shall resolve the dispute described in clause (i) not later than 180 days after the date on which the Director receives notice of the dispute under that clause. (3) Additional conditions The Secretary may include in any lease of power privilege issued by the Secretary for a project under subsection (b) other conditions determined appropriate by the Secretary, on the condition that the conditions shall be consistent with the Reclamation Project Act of 1939 ( 43 U.S.C. 485 et seq.). (4) Consultation In establishing conditions under this subsection, the Secretary shall consult with the Tribes. (f) Deadlines The Secretary or any officer of the Office of Hearing and Appeals before whom a proceeding is pending under this section may extend any deadline or enlarge any timeframe described in this section— (1) at the discretion of the Secretary or the officer; or (2) on a showing of good cause by any party. (g) Judicial review Any final action of the Secretary or the Director made pursuant to this section shall be subject to judicial review in accordance with chapter 7 of title 5, United States Code. (h) Effect on other projects Nothing in this section establishes any precedent or is binding on any Bureau of Reclamation lease of power privilege, other than for a project. | https://www.govinfo.gov/content/pkg/BILLS-117s1246is/xml/BILLS-117s1246is.xml |
117-s-1247 | II 117th CONGRESS 1st Session S. 1247 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Grassley (for himself, Mr. Cornyn , Mr. Cruz , Mr. Rubio , Mrs. Blackburn , Mr. Hawley , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes.
1. Short title This Act may be cited as the Sunshine for Regulatory Decrees and Settlements Act of 2021 . 2. Definitions In this Act— (1) the terms agency and agency action have the meanings given those terms under section 551 of title 5, United States Code; (2) the term covered civil action means a civil action— (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or Tribal government; and (C) brought under— (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action; (3) the term covered consent decree means— (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or Tribal government; (4) the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement; and (5) the term covered settlement agreement means— (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or Tribal government. 3. Consent decree and settlement reform (a) Pleadings and preliminary matters (1) In general In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (2) Entry of a covered consent decree or settlement agreement A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention (1) Rebuttable presumption In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the action. (2) State, local, and tribal governments In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a State, local, or Tribal government, the court shall take due account of whether the movant— (A) administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates; or (B) administers an authority under State, local, or Tribal law that would be preempted by the regulatory action to which the action relates. (c) Settlement negotiations Efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall— (1) be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and (2) include any party that intervenes in the action. (d) Publication of and comment on covered consent decrees or settlement agreements (1) In general Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online— (A) the proposed covered consent decree or settlement agreement; and (B) a statement providing— (i) the statutory basis for the covered consent decree or settlement agreement; and (ii) a description of the terms of the covered consent decree or settlement agreement, including whether it provides for the award of attorney fees or costs and, if so, the basis for including the award. (2) Public comment (A) In general An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall— (i) inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms; (ii) submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments; (iii) submit to the court a certified index of the administrative record of the notice and comment proceeding; and (iv) make the administrative record described in clause (iii) fully accessible to the court. (D) Inclusion in record The court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court. (3) Public hearings permitted (A) In general After providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement. (B) Record If an agency holds a public hearing under subparagraph (A)— (i) the agency shall— (I) submit to the court a summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement, inform the court of— (A) any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and (C) why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest. (e) Submission by the government (1) In general For any proposed covered consent decree or settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms A term described in this paragraph is— (A) in the case of a covered consent decree, a term that— (i) converts into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (ii) commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (iv) divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or (B) in the case of a covered settlement agreement, a term— (i) that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; and (ii) that— (I) interferes with the authority of an agency to revise, amend, or issue rules under the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties. (f) Review by court (1) Amicus A court considering a proposed covered consent decree or settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines (A) Proposed covered consent decrees For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (g) Annual reports Each agency shall submit to Congress an annual report that, for the year covered by the report, includes— (1) the number, identity, and content of covered civil actions brought against and covered consent decrees or settlement agreements entered against or into by the agency; and (2) a description of the statutory basis for— (A) each covered consent decree or settlement agreement entered against or into by the agency; and (B) any award of attorney fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. 4. Motions to modify consent decrees If an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo. 5. Effective date This Act shall apply to— (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1247is/xml/BILLS-117s1247is.xml |
117-s-1248 | II 117th CONGRESS 1st Session S. 1248 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Bennet (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To establish an Outdoor Restoration Fund for restoration and resilience projects, and for other purposes.
1. Short title This Act may be cited as the Outdoor Restoration Partnership Act of 2021 . 2. Definitions In this Act: (1) Council The term Council means the Restoration Fund Advisory Council established by section 4(a). (2) Covered authority The term covered authority means— (A) the good neighbor authority established by section 8206 of the Agricultural Act of 2014 ( 16 U.S.C. 2113a ); (B) the Water Source Protection Program under section 303 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6542 ); (C) the Watershed Condition Framework established under section 304 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6543 ); (D) the stewardship end result contracting program under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ); (E) the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101 et seq.); (F) the Joint Chiefs' Landscape Restoration Partnership program; (G) the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq.); (H) the Collaborative Forest Landscape Restoration Program established under section 4003 of Public Law 111–11 ( 16 U.S.C. 7303 ); (I) the legacy roads and trails program of the Department of Agriculture; (J) the working lands for wildlife program of the Department of Agriculture; and (K) a conservation program under title XII of the Food Security Act of 1985 ( 16 U.S.C. 3801 et seq.), including the Regional Conservation Partnership program under subtitle I of that title ( 16 U.S.C. 3871 et seq.). (3) Ecological integrity The term ecological integrity has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (4) Eligible entity The term eligible entity means— (A) a State agency; (B) a unit of local government; (C) a Tribal government; (D) a regional organization; (E) a special district; or (F) a nonprofit organization. (5) Fund The term Fund means the Outdoor Restoration Fund established by section 3(a). (6) Grant program The term grant program means the restoration and resilience grant program established by section 5(b). (7) Restoration The term restoration has the meaning given the term in section 219.19 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act). (8) Restoration and resilience project The term restoration and resilience project means a project designed in accordance with the best available science to conduct restoration that improves— (A) forest conditions; (B) rangeland health; (C) watershed function; or (D) wildlife habitat. (9) Secretary The term Secretary means the Secretary of Agriculture. (10) Wildland-urban interface The term wildland-urban interface has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). 3. Outdoor Restoration Fund (a) Establishment There is established in the Treasury an Outdoor Restoration Fund. (b) Use Amounts in the Fund shall be used by the Secretary— (1) in coordination with the Council, to carry out the grant program; and (2) to carry out the Restoration and Resilience Partnership Program under section 6. (c) Savings provisions (1) Complementary programs Activities carried out under this Act shall complement, not duplicate or replace, existing Federal conservation, restoration, and resilience programs. (2) Applicable law A restoration and resilience project on Federal land or non-Federal land developed or implemented using amounts provided under this Act shall be carried out in accordance with applicable law and available authorities. (d) Supplement, not supplant Amounts provided under this Act shall supplement, not supplant, any Federal, State, or other funds otherwise made available to an eligible entity for activities described in this Act. (e) Oversight Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Inspector General of the Department of Agriculture shall prepare and submit to the Committees on Agriculture, Nutrition, and Forestry and Appropriations of the Senate and the Committees on Agriculture, Natural Resources, and Appropriations of the House of Representatives a report describing the use, and any abuse or misuse, as applicable, of the Fund by the Secretary with respect to— (1) the grant program; and (2) the Restoration and Resilience Partnership Program established by section 6. 4. Restoration Fund Advisory Council (a) Establishment There is established a Restoration Fund Advisory Council to provide advice to the Secretary with respect to the disbursement of amounts from the Fund for the grant program. (b) Membership The Council shall be composed of— (1) the Secretary; (2) 12 members, to be appointed by the Secretary, of whom— (A) 3 shall be representatives from resource-dependent industries, including the agriculture, oil and gas, outdoor recreation, or forest products industries; (B) 3 shall be national experts in the fields of natural resource restoration, economic development, and community and climate resilience; (C) 3 shall be representatives of conservation, wildlife, or watershed organizations; (D) 1 shall be a representative of State government; (E) 1 shall be a representative of a unit of local government; and (F) 1 shall be a representative of a Tribal government; and (3) as determined to be necessary by the Secretary, not more than 3 representatives from other Federal agencies. (c) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary, in consultation with the Council, shall submit to Congress a report describing— (1) the status of any restoration and resilience projects that received amounts from the Fund, including— (A) environmental benefits; (B) restoration achievements; (C) attainment of restoration and habitat improvement objectives; (D) jobs created and retained; (E) the growth in outdoor industries; and (F) progress towards State-, Tribal-, and community-level resilience goals; and (2) recommendations to improve coordination, align Federal resources or existing authorities, and expand workforce capacity in outdoor industries through legislative and administrative changes. 5. Restoration and Resilience Grant Program (a) Purposes The purposes of this section are— (1) to increase the capacity for planning, coordinating, and monitoring restoration and resilience projects on Federal land and non-Federal land; and (2) to support, on non-Federal land, State, local, and Tribal— (A) restoration and resilience projects; (B) projects to reduce the risk of, or mitigate damage from, wildfires; and (C) projects to expand equitable outdoor access. (b) Establishment There is established a restoration and resilience grant program, to be administered by the Secretary, with the advice of the Council, to provide grants from the Fund to eligible entities for the purposes described in subsection (a). (c) Regional coordination The Secretary and the Council shall, to the maximum extent practicable, seek input from, coordinate with, and support existing State or regional efforts, initiatives, and partnerships to restore ecological integrity on Federal land and non-Federal land. (d) Use of funds (1) In general The Secretary shall use amounts in the Fund to provide capacity grants under paragraph (2) and implementation grants under paragraph (3). (2) Capacity grants (A) In general Capacity grants shall be made available to eligible entities for the purpose described in subsection (a)(1). (B) Application (i) In general A grant under this paragraph may only be made to an eligible entity that submits to the Secretary an application at such time, in such manner, and containing or accompanied by such additional information as the Secretary, in consultation with the Council, may require, including the information required under clause (ii). (ii) Contents An application submitted under clause (i) shall contain— (I) a clear and concise expression of interest; (II) an explanation for how funds would complement existing Federal funds; and (III) an estimate of the number and duration of jobs that would be created, or sustained, with the funds. (3) Implementation grants (A) In general Implementation grants shall be made available to eligible entities for the purpose described in subsection (a)(2). (B) Application A grant under this paragraph may be made only to an eligible entity that submits to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary, in consultation with the Council, may require. (e) Priority In carrying out the grant program, the Secretary, in consultation with the Council, shall give priority to projects that— (1) create or sustain jobs, employ local or regional labor, or expand the outdoor workforce through training and education programs; (2) are developed through a collaborative process with multiple stakeholders representing diverse interests; (3) would address shared priorities for Federal and non-Federal partners; (4) advance State, local, and Tribal plans relating to forests, water, or wildlife; or (5) improve long-term economic security or viability in the geographic region, particularly in geographic regions transitioning from fossil-fuel extraction. (f) Authorities Eligible entities may use existing authorities when carrying out a restoration and resilience project, including a covered authority. 6. Restoration and Resilience Partnership program (a) Purposes The purposes of this section are— (1) to restore and improve the ecological integrity of forest, grassland, and rangeland ecosystems across the United States in partnership with State, local, and Tribal governments; (2) to create or sustain outdoor jobs by reducing the backlog of restoration and resilience projects on Federal land and non-Federal land; (3) to improve the resilience and carrying capacity of rangelands in the United States by preventing or mitigating invasive species, such as cheatgrass, that contribute to rangeland fire; and (4) to reduce uncharacteristic wildfires in the highest risk areas of the United States by carrying out, in accordance with applicable law, restoration and resilience projects. (b) Establishment There is established a Restoration and Resilience Partnership Program, under which the Secretary shall carry out restoration and resilience projects in partnership areas designated under subsection (c)(1). (c) Designation of partnership areas (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall designate, for the purposes of carrying out restoration and resilience projects under subsection (e), any areas of Federal land and non-Federal land that the Secretary determines to be appropriate. (2) Submission of partnership areas by States and Tribes (A) In general The Governor of a State or an authorized representative of an Indian Tribe may submit to the Secretary, in writing, a request to designate certain Federal land or non-Federal land in the State or Indian Country, respectively, for restoration and resilience projects under subsection (e). (B) Inclusions A written request submitted under subparagraph (A) may include 1 or more maps or recommendations. (d) Requirements To be eligible for designation under subsection (c), an area shall— (1) have a high or very high wildfire potential as determined by— (A) the map of the Forest Service entitled Wildfire Hazard Potential Version 2020 ; or (B) any other mapping resource or data source approved by the Secretary that depicts the risk of wildfires; (2) have high-priority wildlife habitat urgently in need of restoration, as determined by the Secretary, in consultation with eligible entities and the applicable Governor or representative of an Indian Tribe; or (3) in the case of Federal land, be in the wildland-urban interface. (e) Restoration and resilience projects (1) In general Subject to paragraphs (2) and (3), the Secretary shall carry out restoration and resilience projects on land designated under subsection (c). (2) Priority The Secretary shall give priority to restoration and resilience projects that— (A) focus on the reintroduction of characteristic, low-intensity fire in frequent fire regime ecosystems; (B) would reduce hazardous fuels by focusing on small-diameter trees, thinning, and strategic fuel breaks; (C) maximize the retention of old and large trees, as appropriate for the forest type; (D) improve habitat conditions for at-risk wildlife; and (E) improve community resilience in the wildland-urban interface. (3) Coordination The Secretary shall carry out restoration and resilience projects under this subsection— (A) on Federal land, in coordination with the Secretary of the Interior, as applicable; and (B) on non-Federal land, in coordination with eligible entities and other relevant stakeholders, as determined by the Secretary. (4) Requirements (A) In general A restoration and resilience project shall be carried out in accordance with— (i) the management objectives of an applicable land or resource management plan; and (ii) applicable law. (B) Inclusions The Secretary may use existing authorities when carrying out a restoration and resilience project on land designated under subsection (c), including any covered authority. (C) Exclusions A restoration and resilience project may not be carried out— (i) in a wilderness area or designated wilderness study area; (ii) to construct a permanent road or trail; (iii) on any Federal land on which, by an Act of Congress or Presidential proclamation, the removal of vegetation is restricted or prohibited; (iv) in an inventoried roadless area; or (v) to remove old growth stands (as defined in section 102(e)(1) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6512(e)(1) ). 7. Funding (a) In general There is appropriated, out of any money in the Treasury not otherwise appropriated, $60,000,000,000 for the Fund, to remain available until expended, of which— (1) $20,000,000,000 shall be for the grant program; and (2) $40,000,000,000 shall be for the Restoration and Resilience Partnership Program under section 6, of which not less than $20,000,000,000 shall be for the conduct of restoration and resilience projects on Federal land under that section. (b) Workforce needs and expenses Funds made available under subsection (a)(2) shall be available for staffing, salary, and other workforce needs and expenses relating to the administration of the Restoration and Resilience Partnership Program under section 6. | https://www.govinfo.gov/content/pkg/BILLS-117s1248is/xml/BILLS-117s1248is.xml |
117-s-1249 | II 117th CONGRESS 1st Session S. 1249 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Cardin (for himself, Mr. Lankford , Ms. Baldwin , Ms. Collins , Mr. King , Mr. Portman , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to modify the maximum paycheck protection program loan amount for farmers and ranchers, sole proprietors, independent contractors, and self-employed individuals, and for other purposes.
1. Short title This Act may be cited as the PPP Flexibility for Farmers, Ranchers, and the Self-Employed Act . 2. Calculation of maximum PPP loan amount (a) In general Section 7(a)(36)(V) of the Small Business Act ( 15 U.S.C. 636(a)(36)(V) ) is amended— (1) by striking clause (i) and inserting the following: (i) Definition In this subparagraph, the term covered recipient means an eligible recipient that— (I) (aa) operates as a sole proprietorship, as an independent contractor, or as a partnership with gross farming income from self-employment; or (bb) is an eligible self-employed individual; (II) reports farm income or expenses on a Schedule F (or any equivalent successor schedule); and (III) was in business as of February 15, 2020. ; and (2) by striking clause (iv) and inserting the following: (iv) Partnerships with no employees With respect to a partnership without employees, the maximum covered loan amount shall be equal to the sum of— (I) the product obtained by multiplying— (aa) the gross income, limited to the amount attributable to general partners as determined by the sum of their distributive shares of gross farming income from self-employment, that is not more than $100,000 per partner, and no more than $500,000 in total, divided by 12; and (bb) 2.5; and (II) the outstanding amount of a loan under subsection (b)(2) that was made during the period beginning on January 31, 2020 and ending on April 3, 2020 that the borrower intends to refinance under the covered loan, not including any amount of any advance under the loan that is not required to be repaid. (v) Recalculation (I) In general A lender that made a covered loan before the date of enactment of the PPP Flexibility for Farmers, Ranchers, and the Self-Employed Act may, at the request of the covered recipient— (aa) recalculate the maximum loan amount applicable to that covered loan based on the formula described in clause (ii), (iii), or (iv), as applicable, if doing so would result in a larger covered loan amount; and (bb) provide the covered recipient with additional covered loan amounts based on that recalculation. (II) Loan limitation For purposes of receiving a recalculated loan amount related to a covered loan under subclause (I), paragraph (37)(F) shall not apply. (III) Effect of forgiveness Subject to rules issued by the Administrator, a covered recipient shall be eligible to submit a request for a recalculated loan amount related to a covered loan under subclause (I) without regard to whether the covered recipient has sought or received forgiveness with respect to the applicable covered loan under section 7A. (IV) Forgiveness of recalculated loan amount For purposes of this subparagraph, as soon as is practicable upon expenditure of additional covered loan amounts provided under subclause (I)— (aa) an eligible recipient shall attest to compliance with applicable requirements under this paragraph; and (bb) the additional covered loan amounts shall be forgiven under section 7A. (V) Reimbursement for loan processing The Administrator shall reimburse a lender for processing recalculation requests under this clause in an amount determined by the Administrator. . (b) Effective date; applicability The amendments made by subsection (a) shall be effective as if included in the CARES Act ( Public Law 116–136 ) and shall apply to any loan made pursuant to section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ) before, on, or after the date of enactment of this Act. 3. Revisions to loan amount calculation and eligibility (a) Definitions In this section— (1) the term Administrator means the Administrator of the Small Business Administration; (2) the term covered loan means a loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ); (3) the term eligible applicant means a taxpayer that files Internal Revenue Service Form 1040, Schedule C; and (4) the term interim final rule means the interim final rule of the Small Business Administration entitled Business Loan Program Temporary Changes; Paycheck Protection Program – Revisions to Loan Amount Calculation and Eligibility , Docket Number SBA–2021–0010. (b) Calculation of maximum loan amount for certain applicants (1) In general An eligible applicant applying for a covered loan may calculate the maximum amount of the covered loan using the gross income of the eligible applicant, as reported on the applicable Internal Revenue Service Form 1040, Schedule C filed by the eligible applicant, that is not more than $100,000. (2) Retroactive effect Notwithstanding any provision of the interim final rule, paragraph (1) shall apply with respect to any covered loan made to an eligible applicant that is approved on or after the date of enactment of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ). (c) Recalculation (1) In general The Administrator shall create a process to allow eligible applicants to request a recalculation of the amount of a covered loan and receive additional amounts equal to the difference between the amount of the covered loan originally received by the eligible applicant and the amount of the covered loan based on the application of this section. (2) Loan limitation For purposes of receiving additional amounts under paragraph (1), section 7(a)(37)(F) of the Small Business Act ( 15 U.S.C. 636(a)(37)(F) ) shall not apply. (3) Effect of forgiveness Subject to rules issued by the Administrator, an eligible applicant shall be eligible to submit a request for a recalculated loan amount under paragraph (1) without regard to whether the eligible applicant has sought or received forgiveness with respect to the applicable covered loan under section 7A of the Small Business Act ( 15 U.S.C. 636m ). (4) Forgiveness of additional amounts For purposes of this subsection, as soon as is practicable upon expenditure of additional covered loan amounts provided under paragraph (1)— (A) an eligible applicant shall attest to compliance with applicable requirements under section 7(a)(37) of the Small Business Act ( 15 U.S.C. 636(a)(37) ); and (B) the additional loan amounts shall be forgiven under section 7A of the Small Business Act ( 15 U.S.C. 636m ). (5) Reimbursement for loan processing The Administrator shall reimburse a lender for processing recalculation requests under this subsection in an amount determined by the Administrator. 4. Maximum amount of second draw loan (a) In general Section 7(a)(37) of the Small Business Act ( 15 U.S.C. 636(a)(37) ) is amended by striking subparagraph (C) and inserting the following: (C) Maximum loan amount (i) In general Except as otherwise provided in this subparagraph, the maximum amount of a covered loan made to an eligible entity is the sum of— (I) the lesser of— (aa) the product obtained by multiplying— (AA) at the election of the eligible entity, the average total monthly payment for payroll costs incurred or paid by the eligible entity during the 1-year period before the date on which the loan is made or calendar year 2019; by (BB) 2.5; or (bb) $2,000,000; plus (II) with respect to a loan received under paragraph (36) for which the eligible entity received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) if the eligible entity had not received such forgiveness. (ii) Seasonal employers The maximum amount of a covered loan made to an eligible entity that is a seasonal employer is the sum of— (I) the lesser of— (aa) the product obtained by multiplying— (AA) at the election of the eligible entity, the average total monthly payments for payroll costs incurred or paid by the eligible entity for any 12-week period between February 15, 2019 and February 15, 2020; by (BB) 2.5; or (bb) $2,000,000; plus (II) with respect to a loan received under paragraph (36) for which the seasonal employer received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the seasonal employer would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) if the seasonal employer had not received such forgiveness. (iii) New entities The maximum amount of a covered loan made to an eligible entity that did not exist during the 1-year period preceding February 15, 2020 is the sum of— (I) the lesser of— (aa) the product obtained by multiplying— (AA) the quotient obtained by dividing the sum of the total monthly payments by the eligible entity for payroll costs paid or incurred by the eligible entity as of the date on which the eligible entity applies for the covered loan by the number of months in which those payroll costs were paid or incurred; by (BB) 2.5; or (bb) $2,000,000; plus (II) with respect to a loan received under paragraph (36) for which the eligible entity received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) if the eligible entity had not received such forgiveness. (iv) NAICS 72 entities The maximum amount of a covered loan made to an eligible entity that is assigned a North American Industry Classification System code beginning with 72 at the time of disbursal is the sum of— (I) the lesser of— (aa) the product obtained by multiplying— (AA) at the election of the eligible entity, the average total monthly payment for payroll costs incurred or paid by the eligible entity during the 1-year period before the date on which the loan is made or calendar year 2019; by (BB) 3.5; or (bb) $2,000,000; plus (II) with respect to a loan received under paragraph (36) for which the eligible entity received forgiveness under section 1106 of the CARES Act (as in effect before the date of enactment of this paragraph), the amount of an increase with respect to that loan that the eligible entity would have been eligible to receive under section 312 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) if the eligible entity had not received such forgiveness. . (b) Effective date; applicability The amendments made by subsection (a) shall be effective as if included in the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) and shall apply to any loan made pursuant to section 7(a)(37) of the Small Business Act ( 15 U.S.C. 636(a)(37) ) before, on, or after the date of enactment of this Act. 5. Eligibility for paycheck protection program second draw loans Section 7(a)(37)(A)(iv)(I)(bb) of the Small Business Act (15 U.S.C. 636(a)(37)(A)(iv)(I)(bb)) is amended to read as follows: (bb) (AA) except as provided in subitems (BB), (CC) and (DD), had gross receipts during any contiguous 90-day period in 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during the same period in 2019; (BB) if the entity was not in business during the entirety of 2019, but was in business for not fewer than 90 contiguous days during 2019, had gross receipts during any contiguous 90-day period in 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during the same contiguous 90-day period during 2019; (CC) if the entity was not in business for the entirety of 2019 and was not in business for 90 contiguous days during 2019, had gross receipts during any contiguous 90-day period in 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during a contiguous 90-day period beginning on the date the business began operations in 2019; and (DD) if the entity was not in business during 2019, but was in business for not fewer than 90 contiguous days during 2020, had gross receipts during any contiguous 90-day period in 2020 that demonstrate not less than a 25 percent reduction from the gross receipts of the entity during an earlier contiguous 90-day period in 2020; . 6. Eligibility for relief under the paycheck protection program and the restaurant revitalization fund Section 5003 of the American Rescue Plan Act ( Public Law 117–2 ) is amended— (1) in subsection (a)(7)— (A) in subparagraph (A), by inserting and subsection (c)(7) after (D) ; and (B) by striking the flush text following subparagraph (D)(ii); and (2) in subsection (c), by adding at the end the following: (7) Reduction in pandemic-related revenue loss (A) Definition In this paragraph, the term covered loan means a loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (B) Reduction For purposes of this section— (i) the pandemic-related revenue loss for an eligible entity shall be reduced by any amounts received from a covered loan in 2020 or 2021; and (ii) if an eligible entity receives a covered loan after submitting an application for assistance under this section, the otherwise applicable amount of an award under this section shall be reduced by the total amount of the covered loan received by the eligible entity. (C) Ineligibility for covered loan If an eligible entity has applied for a covered loan and is approved for an award under this section before the Administrator issues a loan number for the covered loan— (i) the eligible entity is ineligible for the covered loan; and (ii) acceptance by the eligible entity of any loan proceeds of the covered loan is an unauthorized use of the covered loan. . 7. Extension (a) Salaries and expenses The matter under the heading Salaries and Expenses under the heading Small Business Administration under the heading Independent Agencies in title II of division B of the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ) is amended by striking September 30, 2021 and inserting September 30, 2023 . (b) Modification of set-Asides Section 323(d)(2)(B)(iii) of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (title III of division N of Public Law 116–260 ) is amended by striking March 31, 2021 and inserting June 30, 2021 . | https://www.govinfo.gov/content/pkg/BILLS-117s1249is/xml/BILLS-117s1249is.xml |
117-s-1250 | II 117th CONGRESS 1st Session S. 1250 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to postpone the effective date of high-impact rules pending judicial review.
1. Short title This Act may be cited as the Require Evaluation before Implementing Executive Wishlists Act of 2021 or the REVIEW Act of 2021 . 2. Relief pending review Section 705 of title 5, United States Code, is amended— (1) by striking When and inserting the following: (a) In general When ; and (2) by adding at the end the following: (b) High-Impact rules (1) Definitions In this subsection— (A) the term Administrator means the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget; and (B) the term high-impact rule means any rule that the Administrator determines may impose an annual cost on the economy of not less than $1,000,000,000. (2) Identification A final rule may not be published or take effect until— (A) the agency making the rule submits the rule to the Administrator; and (B) the Administrator makes a determination as to whether the rule is a high-impact rule, which shall be published by the agency with the final rule. (3) Relief (A) In general Except as provided in subparagraph (B), an agency shall postpone the effective date of a high-impact rule of the agency until the final disposition of all actions seeking judicial review of the rule. (B) Failure to timely seek judicial review Notwithstanding section 553(d), if no person seeks judicial review of a high-impact rule— (i) during any period explicitly provided for judicial review under the statute authorizing the making of the rule; or (ii) if no such period is explicitly provided for, during the 60-day period beginning on the date on which the high-impact rule is published in the Federal Register, the high-impact rule may take effect as early as the date on which the applicable period ends. (4) Rule of construction Nothing in this subsection may be construed to impose any limitation under law on any court against the issuance of any order enjoining the implementation of any rule. . | https://www.govinfo.gov/content/pkg/BILLS-117s1250is/xml/BILLS-117s1250is.xml |
117-s-1251 | II 117th CONGRESS 1st Session S. 1251 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Braun (for himself, Ms. Stabenow , Mr. Graham , Mr. Whitehouse , Mr. Boozman , Ms. Klobuchar , Mrs. Fischer , Mr. Bennet , Mr. Grassley , Ms. Smith , Ms. Ernst , Mr. Coons , Mr. Thune , Mr. King , Ms. Collins , Ms. Rosen , Mr. Young , Mr. Brown , Mr. Hoeven , Mrs. Shaheen , Mr. Rubio , Mr. Heinrich , Mr. Cassidy , Mrs. Feinstein , Ms. Murkowski , Mr. Carper , Mr. Romney , Mr. Wyden , Mr. Crapo , Mr. Luján , Mrs. Hyde-Smith , Ms. Baldwin , Ms. Lummis , Mr. Warnock , Mr. Tuberville , Mr. Marshall , Mr. Cornyn , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To 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 title This 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) Purposes The 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) Definitions In this section: (1) Advisory council The 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 credit The 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 rancher The 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 entity The 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 gas The 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) Program The term Program means the Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program established under subsection (c). (7) Protocol The 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) Secretary The term Secretary means the Secretary of Agriculture. (9) Socially disadvantaged farmer or rancher; socially disadvantaged group The 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 assistance The 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 market The term voluntary environmental credit market means a voluntary market through which agriculture or forestry credits may be bought or sold. (c) Establishment (1) In general On 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) Determination The 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) Report If the Secretary determines under paragraph (2) that the Program would not further the purposes described in paragraph (1) or (2) of subsection (a) and does not establish the Program, the Secretary shall publish a report describing the reasons the Program would not further those purposes. (d) Certification qualifications (1) In general (A) Protocols and qualifications After 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) Requirements Covered 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) Activities The 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) Requirements In 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 review As 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) Certification A 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 solicitation During 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) Publication During 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 technical assistance providers; and (B) a list of covered entities that are certified under paragraph (1) as verifiers of the processes described in protocols for voluntary environmental credit markets. (4) Updates Not less frequently than quarterly, the Secretary, in consultation with the Advisory Council, shall update the lists published under paragraph (3). (5) Submission The Secretary shall notify Congress of the publication of the initial list under paragraph (3). (6) Requirement To 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) Auditing Not 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 general The Secretary may revoke the certification of a covered entity under the Program in the event of— (i) noncompliance with the requirements under subsection (d)(1)(B); or (ii) a violation of subsection (f)(2)(A). (B) Notification If 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 farmers The 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 clause Nothing 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 general A 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) Penalty Any 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 general A 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) Penalty Any 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. (g) Greenhouse Gas Technical Assistance Provider and Third-Party Verifier Certification Program Advisory Council (1) In general During 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 general The Advisory Council shall be composed of members appointed by the Secretary in accordance with this paragraph. (B) General representation The 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) Members Members 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) Chair The Secretary shall designate a member of the Advisory Council to serve as the Chair. (E) Terms (i) In general The 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 terms After 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) Frequency The Advisory Council shall meet not less frequently than annually, at the call of the Chair. (B) Initial meeting During 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) Duties The 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) Compensation The members of the Advisory Council shall serve without compensation. (6) Conflict of interest The 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 applicability The 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 general Not 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 assessment The 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) Report Not 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 general Except 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 general Except 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 release Information 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) Exception Paragraph (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 appropriations In 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) Rescission There 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 funding If sufficient unobligated amounts made available by section 1003 of the American Rescue Plan Act of 2021 (Public Law 117–2) are available on the date of enactment of this Act to execute the entire rescission described in subparagraph (A), then on the day after the execution of the entire rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $4,100,000 to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1251is/xml/BILLS-117s1251is.xml |
117-s-1252 | II 117th CONGRESS 1st Session S. 1252 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require each agency to repeal or amend 2 or more rules before issuing or amending a rule.
1. Short title This Act may be cited as the Regulations Endanger Democracy Act of 2021 or the RED Tape Act of 2021 . 2. Repeal of rules required before issuing or amending rule (a) Definitions In this section— (1) the term agency has the meaning given the term in section 551 of title 5, United States Code; (2) the term covered rule means a rule of an agency that causes a new financial or administrative burden on businesses in the United States or on the people of the United States, as determined by the head of the agency; (3) the term rule — (A) has the meaning given the term in section 551 of title 5, United States Code; and (B) includes— (i) any rule issued by an agency pursuant to an Executive order or Presidential memorandum; and (ii) any rule issued by an agency due to the issuance of a memorandum, guidance document, bulletin, or press release issued by an agency; and (4) the term Unified Agenda means the Unified Agenda of Federal Regulatory and Deregulatory Actions. (b) Prohibition on issuance of certain rules (1) In general An agency may not— (A) issue a covered rule that does not amend or modify an existing rule of the agency, unless— (i) the agency has repealed 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed under clause (i), as determined and certified by the head of the agency; or (B) issue a covered rule that amends or modifies an existing rule of the agency, unless— (i) the agency has repealed or amended 2 or more existing covered rules of the agency; and (ii) the cost of the covered rule to be issued is less than or equal to the cost of the covered rules repealed or amended under clause (i), as determined and certified by the head of the agency. (2) Application Paragraph (1) shall not apply to the issuance of a covered rule by an agency that— (A) relates to the internal policy or practice of the agency or procurement by the agency; or (B) is being revised to be less burdensome to decrease requirements imposed by the covered rule or the cost of compliance with the covered rule. (c) Considerations for repealing rules In determining whether to repeal a covered rule under subparagraph (A)(i) or (B)(i) of subsection (b)(1), the head of the agency that issued the covered rule shall consider— (1) whether the covered rule achieved, or has been ineffective in achieving, the original purpose of the covered rule; (2) any adverse effects that could materialize if the covered rule is repealed, in particular if those adverse effects are the reason the covered rule was originally issued; (3) whether the costs of the covered rule outweigh any benefits of the covered rule to the United States; (4) whether the covered rule has become obsolete due to changes in technology, economic conditions, market practices, or any other factors; and (5) whether the covered rule overlaps with a covered rule to be issued by the agency. (d) Publication of covered rules in Unified Agenda (1) Requirements Each agency shall, on a semiannual basis, submit jointly and without delay to the Office of Information and Regulatory Affairs for publication in the Unified Agenda a list containing— (A) each covered rule that the agency intends to issue during the 6-month period following the date of submission; (B) each covered rule that the agency intends to repeal or amend in accordance with subsection (b) during the 6-month period following the date of submission; and (C) the cost of each covered rule described in subparagraphs (A) and (B). (2) Prohibition An agency may not issue a covered rule unless the agency complies with the requirements under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1252is/xml/BILLS-117s1252is.xml |
117-s-1253 | II 117th CONGRESS 1st Session S. 1253 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To cap noninterest Federal spending as a percentage of potential GDP to right-size the Government, grow the economy, and balance the budget.
1. Short title This title may be cited as the Maximizing America’s Prosperity Act of 2021 . 2. Total spending limits (a) Total Spending Limits Section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901 ) is amended to read as follows: 251. Total spending limits (a) Projections (1) OMB report OMB shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the budget as submitted by the President annually under section 1105(a) of title 31, United States Code. (2) CBO report CBO shall prepare a report comparing projected total spending under section 257 and the total spending limits in subsection (c), and include such report in the CBO annual baseline and reestimate of the President’s budget. (3) Inclusion in spending reduction orders Reports prepared pursuant to this subsection shall be included in a spending reduction order issued under subsection (b). (b) Spending Reduction Order (1) In general Within 15 calendar days after Congress adjourns to end a session, there shall be a spending reduction order under section 254(f)(4). (2) Calculation of spending reduction Subject to paragraph (3), each non-exempt budget account shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account at that time by the uniform percentage necessary to achieve the required automatic spending reduction. (3) Limitation on reduction No budget account shall be subject to a spending reduction of more than 5 percent of the budgetary resources of the budget account. (c) Fiscal Years of the Total Spending Period The total spending limit for each fiscal year shall be as follows: (1) Fiscal year 2022: 18.9 percent of potential GDP. (2) Fiscal year 2023: 18.6 percent of potential GDP. (3) Fiscal year 2024: 18.2 percent of potential GDP. (4) Fiscal year 2025: 18.4 percent of potential GDP. (5) Fiscal year 2026: 18.4 percent of potential GDP. (6) Fiscal year 2027: 18.2 percent of potential GDP. (7) Fiscal year 2028: 18.6 percent of potential GDP. (8) Fiscal year 2029: 17.9 percent of potential GDP. (9) Fiscal year 2030: 17.7 percent of potential GDP. (10) Fiscal year 2031 and subsequent fiscal years: 17.5 percent of potential GDP. (d) Reduction for unfunded Federal mandates The amount determined under subsection (c) with respect to each fiscal year shall be reduced by an amount equal to the amount of the unfunded direct costs with respect to such fiscal year of Federal mandates (as such terms are defined in section 421 of the Congressional Budget Act of 1974 ( 2 U.S.C. 658 )) enacted after the date of the enactment of the Maximizing America’s Prosperity Act of 2021 . Such amount shall not be treated as being less than zero with respect to any fiscal year. . (b) Definitions Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ) is amended by adding at the end the following: (22) (A) The term total spending means all budget authority and outlays of the Government excluding net interest. (B) The term total spending limit means the maximum permissible total spending of the Government set forth as a percentage of estimated potential GDP specified in section 251(c). (23) The term potential GDP means the gross domestic product that would occur if the economy were at full employment, not exceeding the employment level at which inflation would accelerate. . (c) Conforming amendments Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq.) is amended— (1) in section 254 ( 2 U.S.C. 904 )— (A) in subsection (a), in the table, by inserting and spending reduction after sequestration each place it appears; (B) in subsection (c)— (i) in the subsection heading, by inserting and spending reduction after Sequestration ; (ii) in paragraph (1), by striking discretionary, pay-as-you-go, and deficit sequestration and inserting pay-as-you-go and deficit sequestration and regarding spending reduction ; (iii) by striking paragraph (2) and inserting the following: (2) Spending reduction report The preview reports shall set forth for the budget year estimates for each of the following: (A) Estimated total spending. (B) Estimate of potential GDP. (C) The spending reduction necessary to comply with the total spending limit under section 251(c). ; (C) in subsection (e)— (i) in the subsection heading, by inserting and spending reduction after Sequestration ; and (ii) by inserting and spending reduction after sequestration each place it appears; and (D) in subsection (f)— (i) in the subsection heading, by inserting and spending reduction after Sequestration ; (ii) in paragraph (1), by inserting and spending reduction after sequestration ; (iii) by striking paragraph (2); (iv) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and (v) in paragraph (2), as so redesignated— (I) in the heading, by inserting and spending reduction before reports ; (II) in the first sentence, by inserting spending reduction report after preview reports ; and (III) by striking the second sentence and inserting the following: In addition, these reports shall contain, for the budget year, for each account to be sequestered or subject to a spending reduction, as the case may be, estimates of the baseline level of sequestrable or reducible budgetary resources and resulting outlays and the amount of budgetary resources to be sequestered or reduced and resulting outlay reductions. ; (vi) in paragraph (3), as so redesignated, by striking sequesterable and inserting sequestrable or reducible ; and (vii) in paragraph (4), as so redesignated— (I) by inserting or spending reduction after final sequestration ; (II) by inserting or spending reduction before is required ; and (III) by inserting or spending reductions, as the case may be, after sequestrations ; (2) in section 257(a) ( 2 U.S.C. 907(a) ), by inserting total spending, after outlays, ; and (3) in section 258C(a)(1) ( 2 U.S.C. 907d(a)(1) )— (A) by inserting or spending reduction after sequestration each place the term appears; and (B) by striking 252 or 253 and inserting 251, 252, or 253 . (d) Table of contents The table of contents in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(a) ) is amended by striking the item relating to section 251 and inserting the following: Sec. 251. Total spending limits. . 3. Allocation for emergencies (a) In general Section 302(a) of the Congressional Budget Act of 1974 ( 2 U.S.C. 633(a) ) is amended by adding at the end the following new paragraph: (6) Allocation to the Committees on Appropriations for emergencies Of the amounts of new budget authority and outlays allocated to the Committees on Appropriations for the first fiscal year of the concurrent resolution on the budget, 1 percent shall be designated as for emergencies and may be used for no other purpose. . (b) Budget of the President Section 1105(a)(14) of title 31, United States Code, is amended by inserting , including an amount for emergency spending not less than 1 percent of all discretionary spending for that year before the period. 4. President’s budget submissions to Congress Section 1105 of title 31, United States Code, is amended by adding at the end the following new subsection: (i) (1) The budget transmitted pursuant to subsection (a) shall be in compliance with the statutory cap on Federal spending set forth in the Maximizing America’s Prosperity Act of 2021 . (2) Any budget transmitted pursuant to subsection (a) or paragraph (1) for a fiscal year shall include a prioritization of spending (as described in section 256(a)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985), by ranking all programs, projects, and activities of the Government in five categories from the— (A) vital to the general welfare and requires national policy; (B) important to the general welfare and requires national policy; (C) important to the general welfare and benefits from national policy; (D) advances the general welfare and can largely be accomplished by non-Federal entities; and (E) does not clearly advance the general welfare and may be unsuited for national policy; with not less than 12 percent of total spending falling into any one category. . 5. Concurrent resolutions on the budget (a) In general Section 312 of the Congressional Budget Act of 1974 ( 2 U.S.C. 643 ) is amended by adding at the end the following new subsection: (g) Statutory cap on total Federal spending point of order It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget that sets forth total Federal outlays for any fiscal year in excess of those set forth for that fiscal year in section 252A of the Balanced Budget and Emergency Deficit Control Act of 1985. . (b) Conforming amendment Subsections (c)(2) and (d)(3) of section 904 of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 note) are each amended by striking and 312(c) and inserting 312(c), and 312(g) . | https://www.govinfo.gov/content/pkg/BILLS-117s1253is/xml/BILLS-117s1253is.xml |
117-s-1254 | II 117th CONGRESS 1st Session S. 1254 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To improve the processes by which environmental documents are prepared and permits and applications are processed and regulated by Federal departments and agencies, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Rebuild America Now Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Environmental and project review modernization Sec. 101. Expansion of State responsibility for categorical exclusions. Sec. 102. National Environmental Policy Act of 1969 reform. Sec. 103. Designation of categorical exclusions for emergency projects and structurally deficient infrastructure. Sec. 104. Categorical exclusion for projects of limited Federal assistance. Sec. 105. Simplifying environmental documents. Sec. 106. Permittee bill of rights. Sec. 107. Policy review under Clean Air Act. TITLE II—Judicial provisions Sec. 201. Deadline for filing energy-related causes of action. Sec. 202. Limiting sue and settle practices. TITLE III—Natural gas pipeline permitting efficiency Sec. 301. Regulatory approval of natural gas pipeline projects. Sec. 302. Rights-of-way for public utilities. TITLE IV—Transportation conformity reform Sec. 401. Limitations on certain Federal assistance under Clean Air Act. Sec. 402. Study on transportation air quality conformity under Clean Air Act. TITLE V—Increasing State authority and collaboration in reviewing transportation projects Sec. 501. Federal-State project agreements. Sec. 502. Project approval and oversight for high risk projects. Sec. 503. Advance acquisition of real property. Sec. 504. Agreements relating to use of, and access to, rights-of-way on Interstate System. I Environmental and project review modernization 101. Expansion of State responsibility for categorical exclusions Section 326 of title 23, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by striking certain designated activities are included within classes of action identified in regulation by the Secretary that are and inserting any activity is included within a class of action identified in a regulation of the Secretary that is ; and (B) in paragraph (2), by striking and only for types of activities specifically designated by the Secretary ; and (2) in subsection (b)(1), by inserting (including the responsibility for making conformity determinations under the Clean Air Act ( 42 U.S.C. 7401 et seq.)) after categorical exclusions . 102. National Environmental Policy Act of 1969 reform (a) In general The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) is amended by adding at the end the following: III Interagency coordination relating to permitting 301. Interagency coordination relating to permitting (a) Preparation of environmental documents An agency or other entity seeking approval of, or otherwise responsible for carrying out, a project (referred to in this section as the project sponsor ), may prepare an environmental impact statement or environmental assessment for the purpose of an environmental review in support of the project for approval by the lead agency of the project if, before the project sponsor takes any action or seeks any approval based on the environmental document, the lead agency— (1) provides oversight in the preparation of the environmental impact statement or environmental assessment; (2) independently evaluates the environmental impact statement or environmental assessment; and (3) approves, within a reasonable time, and adopts the environmental impact statement or environmental assessment. (b) Adoption and use of environmental documents (1) Environmental impact statements and assessments (A) In general Except as provided in subparagraph (B), the lead agency shall not prepare more than 1 environmental impact statement and 1 environmental assessment under this Act for a project. (B) Exceptions The limitation in subparagraph (A) shall not apply to— (i) a supplemental environmental document; or (ii) an environmental impact statement or environmental assessment prepared pursuant to a court order. (C) Record of decision (i) In general Except as provided in clause (ii), after the date on which the lead agency issues a record of decision for a project, the head of a Federal agency responsible for approving the project shall not rely on any environmental impact statement or environmental assessment prepared before that date. (ii) Environmental document of lead agency Notwithstanding clause (i), the head of a Federal agency may rely on an environmental impact statement or environmental assessment prepared by the lead agency after the date on which the lead agency issues a record of decision for the project. (D) Impact analysis On request by a project sponsor, a lead agency may adopt, use, or rely on a secondary or cumulative impact analysis that is included in any environmental impact statement or environmental assessment for a project located in the geographical area that is the subject of the secondary or cumulative impact analysis, if the secondary or cumulative impact analysis provides information that is applicable to the project. (2) State environmental documents (A) Adoption (i) In general On request by a project sponsor and subject to clause (ii), a lead agency may adopt as the environmental impact statement or environmental assessment for a project an environmental document prepared under State law, if the State law provides environmental protection and an opportunity for public involvement that is substantially similar to the environmental protection and opportunity for public involvement under this Act. (ii) Supplemental documents (I) In general A lead agency shall prepare and publish a supplement to an environmental document referred to in clause (i) before adopting the State environmental document if the lead agency determines that— (aa) a significant change has been made to the project that is relevant for purposes of the environmental review by the lead agency; or (bb) there have been significant changes in circumstances or availability of information relevant to that environmental review. (II) Period of comment For any supplemental document prepared and published under subclause (I), the lead agency may solicit comments from agencies and the public for a period of not more than 45 days beginning on the date of the publication. (B) Obligation of lead agency The adoption of an environmental document by a lead agency under subparagraph (A)(i) satisfies the obligation of the lead agency to prepare an environmental impact statement or environmental assessment under this Act. (C) Record of decision With respect to a project, the lead agency shall issue a record of decision or finding of no significant impact, as appropriate, based on— (i) the environmental document adopted under subparagraph (A)(i); and (ii) any supplemental document prepared under subparagraph (A)(ii). (3) Contemporaneous projects The lead agency may adopt for a project an environmental impact statement or environmental assessment that resulted from an environmental review carried out for a similar project in geographical proximity to the project, if the lead agency— (A) determines that— (i) there is a reasonable likelihood that the project will have a similar environmental impact as the similar project; and (ii) during the 5-year period ending on the date on which the lead agency makes the determination, the similar project was subject to environmental review or similar State procedures; and (B) adopts the environmental impact statement or environmental assessment in accordance with paragraph (2)(A). (c) Cooperating agencies (1) In general The lead agency of a project shall— (A) be responsible for designating or inviting, as applicable, cooperating agencies (within the meaning of section 1501.6 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this section)) in accordance with this subsection; and (B) provide to the head of each cooperating agency a notice of the designation or invitation in writing. (2) Federal cooperating agencies (A) In general Except as provided in subparagraph (C), any Federal agency that is required to adopt the environmental impact statement or environmental assessment of the lead agency for a project shall— (i) be designated as a cooperating agency; and (ii) collaborate on the preparation of the environmental impact statement or environmental assessment. (B) Notification The lead agency shall provide to the head of a Federal agency described in subparagraph (A) a written notice of designation under paragraph (1) that specifies a date by which the head of the Federal agency shall respond. (C) Exception Notwithstanding subparagraph (A), the head of a Federal agency may decline designation as a cooperation agency if, not later than the date specified by the lead agency under subparagraph (B), the head of the Federal agency informs the lead agency in writing that the Federal agency— (i) has no jurisdiction or authority with respect to the project; (ii) has no expertise or information relevant to the project; and (iii) does not intend to submit comments on the project. (3) Other cooperating agencies (A) In general The lead agency shall identify, as early as practicable in the environmental review for a project, any official or agency other than an agency described in paragraph (2) that may have an interest in the project, including— (i) the Governor of an affected State; and (ii) a local or tribal government. (B) Invitation (i) In general The lead agency shall provide a written invitation to any agency or official identified under subparagraph (A) to become a cooperating agency in the environmental review for the project. (ii) Deadline required (I) In general The invitation described in clause (i) shall include a deadline, not to exceed 30 days after the date on which the invitation is received, by which the invited agency or official shall accept or decline the invitation. (II) Extension The lead agency may extend the deadline under subclause (I) only for good cause shown. (C) Failure to respond An agency or official that fails to respond to an invitation under subparagraph (B)(i) before the deadline under subparagraph (B)(ii) shall be considered to have declined the invitation for designation. (D) Designation The lead agency shall designate as a cooperating agency any agency or official that accepts an invitation under subparagraph (B). (4) Effect of declining cooperating agency invitation An agency or official that declines a designation or invitation by the lead agency to be a cooperating agency for a project shall be precluded from— (A) submitting comments on any environmental impact statement or environmental assessment prepared for the project; and (B) taking any action to oppose, based on the environmental review, any permit, license, or approval relating to the project. (5) Effect of designation Designation as a cooperating agency under this subsection does not imply that the cooperating agency— (A) supports a proposed project; or (B) has jurisdiction over, or special expertise with respect to evaluation of, the project. (6) Concurrent reviews The head of each Federal agency designated as a cooperating agency shall— (A) carry out the obligations of the Federal agency under other applicable law concurrently and in conjunction with the environmental review required for the applicable project under this Act; and (B) in accordance with the rules promulgated by the Council on Environmental Quality pursuant to section 102(b)(1) of the Rebuild America Now Act , develop and carry out such rules, policies, and procedures as may be reasonably necessary to enable the Federal agency to ensure completion of the environmental review and environmental decisionmaking process in a timely, coordinated, and environmentally responsible manner. (7) Cooperating agency comments (A) In general In providing comments on a project, a cooperating agency— (i) shall not provide comments on a subject matter that does not relate to the expertise and statutory authority of the cooperating agency, as expressly delegated by Congress; and (ii) shall identify in the comments of the cooperating agency the legal authority of the cooperating agency relating to the subject matter of the comments. (B) Lead agency A lead agency shall not carry out any action in response to, or include in any document prepared under this Act, any comment submitted by a cooperating agency that relates to a subject matter outside the expertise and authority of the cooperating agency. (d) Initiation of environmental review Not later than 45 days after the date on which a lead agency receives an application for a project from a project sponsor, the lead agency shall initiate an environmental review of the project. (e) Alternatives analysis (1) Participation of cooperating agencies As early as practicable during the environmental review, but not later than the period during which the preparation of an environmental impact statement is required, the lead agency shall provide an opportunity to the cooperating agencies to participate in determining the range of alternatives to be considered for a project. (2) Range of alternatives (A) In general Subject to subparagraphs (B) and (C), after completion of the participation of the cooperating agencies described in paragraph (1), the lead agency shall determine the range of alternatives for consideration in the environmental impact statement or environmental assessment for the project. (B) No evaluation of certain alternatives The head of a Federal agency shall not evaluate an alternative that— (i) was identified during the participation period described in paragraph (1); and (ii) (I) was not accepted by the lead agency under subparagraph (A) for detailed evaluation in an environmental impact statement or environmental assessment; or (II) (aa) was evaluated by the lead agency; and (bb) was not selected for any environmental impact statement or environmental assessment for the project. (C) Only feasible alternatives evaluated In the case of a project that is constructed, managed, funded, or carried out by a project sponsor that is not a Federal agency, the head of a Federal agency shall only evaluate an alternative that, consistent with the purpose of, and the need for, the project— (i) the project sponsor may feasibly carry out; and (ii) is technically and economically feasible, as determined by the head of the Federal agency. (3) Methodologies (A) In general With respect to an alternative for a project, the lead agency shall, in collaboration with cooperating agencies at an appropriate time during the environmental review for the project, determine the methodologies to be used in, and the level of detail required for, the review. (B) Description required The lead agency shall include in the environmental impact statement or environmental assessment for a project a description of— (i) the methodologies used in preparing the environmental impact statement or environmental assessment; and (ii) the means by which the methodologies were selected. (C) No evaluation of inappropriate alternatives In preparing an environmental impact statement or environmental assessment, a lead agency may omit from the environmental document a detailed evaluation of an alternative determined by the lead agency not to meet the purpose of, and need for, the project. (4) Employment analysis The evaluation of each alternative in an environmental impact statement or environmental assessment shall identify the potential effects of the alternative on employment, including— (A) potential short-term and long-term employment increases and reductions; and (B) shifts in employment. (f) Coordination plan and scheduling (1) In general To facilitate the expeditious resolution of an environmental review, the lead agency shall establish and implement a coordination plan for public and agency participation in, and comment on, the environmental review for a project or category of projects. (2) Schedule (A) In general In developing the coordination plan described in paragraph (1), the lead agency shall consult with each cooperating agency and the project sponsor to develop a schedule for the completion of the environmental review that— (i) considers factors such as— (I) the responsibilities of the cooperating agencies under applicable law; (II) the resources available to the cooperating agencies; (III) the overall size and complexity of the project; (IV) the overall schedule for and cost of the project; (V) the sensitivity of the natural and historical resources that may be affected by the project; and (VI) the extent to which similar projects in geographical proximity to the project were recently subject to environmental review or similar State procedures; and (ii) includes the deadlines, consistent with subsection (g), for decisions under Federal law relating to the project, including decisions on the issuance or denial of a permit or license. (B) Compliance with schedule (i) In general Each cooperating agency shall comply with— (I) the deadlines established in the schedule under subparagraph (A); and (II) in the case of a modification to the schedule under paragraph (4), any modified deadline. (ii) Effect of noncompliance The lead agency shall disregard, and shall not respond to or include in any environmental impact statement or environmental assessment, any comment or information submitted or any finding made by a cooperating agency that is not in accordance with the deadline established in the schedule under subparagraph (A) or a modified deadline under paragraph (4). (iii) Failure to object If a cooperating agency fails to object in writing to a lead agency decision, finding, or request for concurrence in accordance with the deadline established under law or by the lead agency, the cooperating agency shall be considered to have concurred in the decision, finding, or request. (3) Consistency with other deadlines A schedule under paragraph (2) shall be consistent with any other relevant deadline under Federal law. (4) Modification of schedule With respect to a schedule under paragraph (2), the lead agency may— (A) extend the schedule for good cause; and (B) shorten the schedule only with the concurrence of each cooperating agency. (5) Dissemination With respect to a schedule under paragraph (2), the lead agency shall— (A) not later than 15 days after the date of completion or modification of schedule, provide a copy of the schedule and any modification to each cooperating agency and the project sponsor; and (B) make a copy of the schedule available to the public. (6) Role and responsibility of lead agency With respect to the environmental review for a project, the lead agency may take such actions as are necessary, within the authority of the lead agency, to facilitate the expeditious resolution of the environmental review. (g) Deadlines (1) In general The deadlines described in this subsection shall apply to any project subject to review under this Act and any decision under Federal law relating to the project, including the issuance or denial of a permit or license or any required finding. (2) Environmental reviews (A) Environmental impact statement projects The lead agency shall— (i) for a project that requires an environmental impact statement under Federal law (including regulations), issue the environmental impact statement by not later than 2 years after the earlier of— (I) the date on which the lead agency receives an application for the project from a project sponsor; and (II) the date on which a notice of intent to prepare an environmental impact statement is published in the Federal Register; and (ii) for a project for which the lead agency prepared an environmental assessment, and determined pursuant to that environmental assessment that an environmental impact statement is required, issue the environmental impact statement by not later than 2 years after the date of publication of the notice of intent to prepare an environmental impact statement in the Federal Register. (B) Environmental assessment projects For a project that requires an environmental assessment, the lead agency shall issue a finding of no significant impact or publish a notice of intent to prepare an environmental impact statement in the Federal Register by not later than 1 year after the earliest of— (i) the date on which the lead agency receives the project initiation request; (ii) the date on which the lead agency makes a decision to prepare an environmental assessment; and (iii) the date on which the lead agency sends out cooperating agency invitations. (C) Extensions (i) Requirements Subject to clause (ii), the lead agency may extend a deadline under subparagraph (A) or (B) only— (I) if the lead agency, project sponsor, and each cooperating agency agree on a different deadline; or (II) for good cause. (ii) Limitation The lead agency shall not extend a deadline under subparagraph (A) or (B)— (I) in the case of a project that requires an environmental impact statement, by more than 1 year; and (II) in the case of a project that requires an environmental assessment, by more than 180 days. (3) Environmental review comments The lead agency shall establish for each environmental impact statement and environmental assessment a comment period of not more than 30 days after the date on which the environmental impact statement or environmental assessment is made publicly available, unless— (A) the lead agency, project sponsor, and each cooperating agency agree on a different deadline; or (B) the lead agency extends the deadline for good cause. (4) Decisions prior to record of decision or finding of no significant impact Notwithstanding any other provision of law, in the case of a project for which a Federal agency is required to approve or otherwise to take an action relating to a permit, license, or other similar application before the lead agency may issue a record of decision or finding of no significant impact, the head of the Federal agency shall approve or take the applicable action by not later than the earlier of— (A) the end of the 90-day period beginning on the date on which— (i) all other relevant Federal agency reviews relating to the project are complete; and (ii) the lead agency publishes a notice of the availability of the final environmental impact statement or issuance of other final environmental documents; and (B) the date that is otherwise required by law. (5) Other decisions (A) In general Except as provided in subparagraph (B), with respect to any approval or other action of a Federal agency relating to a project that is not subject to paragraph (4), each Federal agency shall make the approval or carry out the action by not later than the end of the 180-day period beginning on the date on which— (i) all other relevant agency reviews relating to the project are complete; and (ii) the lead agency issues a record of decision or finding of no significant impact. (B) Extension (i) In general Subject to clause (ii), the head of a Federal agency may extend the deadline referred to in subparagraph (A) for good cause, if the head of the Federal agency, the lead agency, and the project sponsor agree to extend the deadline. (ii) Limitation The head of a Federal agency shall not extend a deadline under clause (i) for a period longer than 1 year after the date on which the lead agency issues the record of decision or finding of no significant impact. (6) Effect of noncompliance (A) In general A permit, license, or other similar application for approval relating to a project that requires the approval or other action by a Federal agency shall be considered to be approved by the Federal agency if the head of the Federal agency fails to approve or otherwise take an action relating to the permit, license, or other similar application by the deadline described in paragraph (4) or (5). (B) Deadline for compliance The head of the Federal agency shall act in accordance with the approval under subparagraph (A) by not later than 30 days after the applicable deadline described in paragraph (4) or (5). (C) Final agency action (i) In general An approval under subparagraph (A) shall be considered to be a final agency action, which may not be reversed by any agency. (ii) Review In any action under chapter 7 of title 5, United States Code, that seeks review of a final agency action under clause (i), a court may not set aside the action based on the action having been made final under that clause. (h) Issue identification and resolution (1) Cooperation The lead agency and the cooperating agencies shall work in accordance with this subsection to identify and resolve any issue that may delay the completion of an environmental review or result in the denial of an approval required for the project under applicable law. (2) Lead agency responsibilities As early as practicable during the environmental review process, the lead agency shall make available information (including information based on existing data sources, including geographic information systems) relating to the environmental, historic, and socioeconomic resources located in the project area and the general location of any alternative under consideration. (3) Cooperating agency responsibilities Based on information received from the lead agency, a cooperating agency shall identify, as early as practicable, any issue of concern relating to the potential environmental, historical, or socioeconomic impact of a project, including any issue that may substantially delay or prevent an agency from granting a permit or other approval required for the project. (4) Issue resolution (A) Meeting of cooperating agencies To resolve any issue that may delay the completion of an environmental review or result in the denial of an approval required for a project under applicable law, the lead agency shall promptly convene a meeting with the relevant cooperating agency and the project sponsor on request by a project sponsor at any time. (B) Notice that resolution cannot be achieved If a resolution to an issue identified under paragraph (1) cannot be achieved by the date that is 30 days after the date on which a meeting is convened under subparagraph (A), and the lead agency determines that all information necessary to resolve the issue has been obtained, the lead agency shall— (i) notify— (I) each cooperating agency; (II) the project sponsor; and (III) the Council on Environmental Quality established by section 202 for further proceedings in accordance with section 204; and (ii) publish in the Federal Register a notice relating to the failure to achieve a resolution. (i) Merging documents (1) In general Notwithstanding any other provision of law, except as provided in paragraph (2), the lead agency of a project shall expeditiously develop a single document that consists of— (A) a final environmental impact statement relating to the project; (B) each record of decision relating to the project; and (C) the final decision of the Secretary of the Army with respect to the environmental review carried out by the Secretary, acting through the Chief of Engineers, relating to an application for a permit for the project under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ). (2) Exceptions Paragraph (1) shall not apply in any case in which— (A) the final environmental impact statement relating to the project makes a substantial change relating to an environmental or safety concern to a proposed action under the project; or (B) there exists a significant new circumstance or information relating to an environmental concern that affects such a proposed action or the impacts of the proposed action. (j) Limitations on claims (1) Final agency actions (A) In general The deadline for filing a claim for judicial review of a final agency action is the date that is 180 days after the date of publication of a notice in the Federal Register announcing the record of decision for the action. (B) New information A claim challenging a final agency action on the basis of information contained in a supplemental environmental impact statement shall be limited to a challenge on the basis of that information. (2) Rule of construction Nothing in this subsection creates a right to judicial review or places any limit on filing a claim that a person has violated the terms of a permit, license, or approval issued by a Federal agency for an action subject to this Act. (k) Categories of projects The authority granted under this title may be exercised for— (1) any single project; or (2) any category of 2 or more projects related by project type, potential environmental impact, geographical location, or other similar project feature or characteristic. (l) Effective date (1) In general This title applies only to an environmental review or environmental decisionmaking process initiated after the date of enactment of this title. (2) Applicability of deadlines (A) In general Except as provided in subparagraph (B), in the case of a project for which an environmental review or environmental decisionmaking process is initiated before the date of enactment of this title, subsection (g) shall apply. (B) Exception Notwithstanding any other provision of this section, in determining a deadline under subsection (g), any applicable period of time shall be calculated as beginning on the date of enactment of this title. (m) Applicability Except as provided in subsection (n), this title applies to each project for which a Federal agency is required to carry out an environmental review or environmental decisionmaking process. (n) Savings clause Nothing in this section supersedes, amends, or modifies— (1) section 134, 135, 139, 325, 326, or 327 of title 23, United States Code; (2) section 5303 or 5304 of title 49, United States Code; or (3) subtitle C of title I of division A of the Moving Ahead for Progress in the 21st Century Act ( Public Law 112–141 ; 126 Stat. 527) (or any amendment made by that subtitle). . (b) Regulations (1) Council on Environmental Quality Not later than 180 days after the date of enactment of this Act, the Council on Environmental Quality established by section 202 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4342 ) shall— (A) amend the regulations contained in chapter V of title 40, Code of Federal Regulations (or successor regulations), to implement this section and the amendments made by this section; and (B) by rule, designate each State with laws and procedures that satisfy the criteria under section 301(b)(2)(A) of the National Environmental Policy Act of 1969 (as added by subsection (a)). (2) Federal agencies Not later than 120 days after the date on which the Council on Environmental Quality amends the regulations described in paragraph (1)(A), the head of each Federal agency that has promulgated regulations implementing the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) shall amend the regulations to implement this section and the amendments made by this section. (c) Limitations on claims under FAST Act Section 41007(a) of the FAST Act ( 42 U.S.C. 4370m–6(a) ) is amended— (1) in paragraph (1)(A), by striking 2 years and inserting 180 days ; and (2) in paragraph (2)(B), by striking 2 years and inserting 180 days . 103. Designation of categorical exclusions for emergency projects and structurally deficient infrastructure (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall— (1) consult with the Administrator of the Federal Emergency Management Agency and the Secretary of the Army to identify communities that are imminently threatened from flooding or erosion; and (2) designate as an action categorically excluded from the requirements relating to environmental assessments or environmental impact statements for purposes of section 771.117(c) of title 23, Code of Federal Regulations (or successor regulations), and section 1508.4 of title 40, Code of Federal Regulations (or successor regulations), any project— (A) that is critical to the immediate safety of a threatened community identified under paragraph (1); or (B) for the maintenance, repair, reconstruction, restoration, retrofitting, or replacement of an existing road, highway, bridge, tunnel, or other transit facility (such as a ferry dock or bus transfer station), including ancillary transportation facilities (such as pedestrian and bicycle paths and bike lanes), if the project is to be completed in the same location, and with the same preexisting design, as the existing structure. (b) Regulations The Secretary of Transportation shall promulgate such regulations as are necessary to carry out subsection (a) by not later than 150 days after the date of enactment of this Act. 104. Categorical exclusion for projects of limited Federal assistance Section 1317(1) of the MAP–21 ( 23 U.S.C. 109 note; Public Law 112–141 ) is amended— (1) in subparagraph (A), by striking $5,000,000 and inserting $10,000,000 ; and (2) in subparagraph (B), by striking 15 percent and inserting 16 percent . 105. Simplifying environmental documents (a) Statement of policy It is the policy of the United States that the purpose of requiring an environmental document relating to a project is only to ensure that the process of considering the effects of the project takes place before the occurrence of any significant Federal action to carry out the project. (b) Page limits (1) In general To facilitate public transparency and understanding of environmental documentation, an environmental document— (A) shall— (i) be sufficient to provide a reasonable consideration of the potential environmental effects and alternatives of a proposed project; and (ii) reflect a thorough examination of the potential impacts of the project; but (B) shall not exceed 300 pages without substantial justification. (2) Notice and comment requirements (A) In general An agency may exceed the 300-page limit under paragraph (1)(B) if the agency provides to proponents of the applicable project a notice, and a period of not less than 30 days for comment, regarding the proposed exceedance. (B) Eligibility to comment The opportunity to comment under subparagraph (A) shall not be provided to any individual or entity other than a proponent of the applicable project. 106. Permittee bill of rights Section 101 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 ) is amended by adding at the end the following: (d) Permittee bill of rights (1) Statement of policy It is the policy of the United States— (A) to use natural resources in a responsible manner to maximize value and utility, while protecting public health and welfare; and (B) that, therefore, in implementing a Federal permitting law, a Federal agency should, to the maximum extent practicable, seek to issue permit decisions favorably. (2) Definition of Federal permitting law In this subsection: (A) In general The term Federal permitting law means any provision of Federal law pursuant to which a Federal agency may issue a permit. (B) Inclusions The term Federal permitting law includes— (i) the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq.); (ii) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (iii) the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 et seq.); (iv) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.); (v) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq.); (vi) the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq.); (vii) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.); (viii) the Clean Air Act ( 42 U.S.C. 7401 et seq.); and (ix) the Outer Continental Shelf Lands Act ( 43 U.S.C. 1331 et seq.). (3) Applicant and permittee rights In any communication between a permittee or an applicant for a permit and a Federal agency relating to a determination of the agency pursuant to a Federal permitting law, the following shall apply: (A) Any decision relating to the applicable permit or application shall be issued— (i) within the applicable deadline; or (ii) at such other reasonable time as may be agreed to by the permittee or applicant and the Federal agency. (B) Each permittee and permit applicant shall have the right— (i) to assistance and prompt response in seeking from the Federal agency information regarding the regulatory and permit process; (ii) to request and receive— (I) a clear projected schedule of fees for the review and completion of the permit process; and (II) a clear, concise statement of the reasoning for a determination by the agency to reject a permit application; (iii) to know the exact deficiencies in a rejected application; and (iv) to a transparent and unbiased decision based on the submitted application and applicable Federal permitting law and regulatory requirements. . 107. Policy review under Clean Air Act Section 309(a) of the Clean Air Act ( 42 U.S.C. 7609(a) ) is amended by striking any (1) legislation proposed by any Federal department or agency, (2) newly authorized Federal projects for construction and any major Federal agency action (other than a project for construction) to which section 102(2)(C) of Public Law 91–190 applies, and (3) proposed regulations and inserting any legislation proposed by a Federal department or agency or proposed regulations . II Judicial provisions 201. Deadline for filing energy-related causes of action (a) Definitions In this section: (1) Agency action The term agency action has the meaning given the term in section 551 of title 5, United States Code. (2) Energy-related cause of action The term energy-related cause of action means a cause of action that— (A) is filed on or after the date of enactment of this Act; and (B) seeks judicial review of a final agency action to issue a permit, license, or other form of agency permission allowing— (i) an individual or entity to conduct on Indian land or public land activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity; or (ii) an Indian tribe, or any organization of 2 or more entities at least 1 of which is an Indian tribe, to conduct activities involving the exploration, development, production, or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of the location at which those activities are carried out. (3) Indian land (A) In general The term Indian land has the meaning given the term in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). (B) Inclusion The term Indian land includes land owned by a Native Corporation under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.). (4) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (b) Deadline for filing (1) In general An energy-related cause of action shall be filed by not later than 60 days after the date of publication of the applicable final agency action. (2) Prohibition An energy-related cause of action that is not filed within the time period described in paragraph (1) shall be barred. (c) District court venue and deadline An energy-related cause of action shall be— (1) brought in the United States District Court for the District of Columbia Circuit; and (2) resolved— (A) as expeditiously as practicable; and (B) in any event, not later than the date that is 180 days after the date on which the energy-related cause of action is filed. (d) Appellate review (1) In general An interlocutory order or final judgment, decree, or order of the district court in an energy-related cause of action may be reviewed by the United States Court of Appeals for the District of Columbia Circuit. (2) Requirement The United States Court of Appeals for the District of Columbia shall resolve an appeal of an energy-related cause of action— (A) as expeditiously as practicable; and (B) in any event, not later than the date that is 180 days after the date on which the applicable interlocutory order or final judgment, decree, or order of the district court was issued. (e) Limitation on certain payments Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the Treasury to pay any fees or other expenses under those sections, to any person or party in an energy-related cause of action. (f) Legal fees (1) Definition of ultimately prevail In this subsection: (A) In general The term ultimately prevail means a final, enforceable judgment by a court of competent jurisdiction in favor of a party on at least 1 energy-related cause of action that is an underlying rationale for the preliminary injunction, administrative stay, or other relief requested by the party. (B) Exclusion The term ultimately prevail does not include any situation in which the relevant final agency action is modified or amended by the issuing agency, unless the modification or amendment is required pursuant to— (i) a final, enforceable judgment of the court; or (ii) a court-ordered consent decree. (2) Award (A) In general In any energy-related cause of action in which the plaintiff does not ultimately prevail, the court shall award to the defendant (including any intervenor-defendants), other than the United States, fees and other expenses incurred by that defendant in connection with the energy-related cause of action, unless the court finds that— (i) the position of the plaintiff was substantially justified, in accordance with subparagraph (B); or (ii) special circumstances make such an award unjust. (B) Substantially justified determination Whether the position of the plaintiff was substantially justified for purposes of subparagraph (A)(i) shall be determined on the basis of the administrative record, as a whole, relating to the energy-related cause of action for which fees and other expenses are sought. 202. Limiting sue and settle practices (a) Definitions In this section: (1) Agency; agency action The terms agency and agency action have the meanings given those terms under section 551 of title 5, United States Code. (2) Covered civil action The term covered civil action means a civil action— (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under— (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action. (3) Covered consent decree The term covered consent decree means— (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. (4) Covered consent decree or settlement agreement The term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement. (5) Covered settlement agreement The term covered settlement agreement means— (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. (b) Consent decree and settlement reform (1) Pleadings and preliminary matters (A) In general In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available in the Federal Register or online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (B) Entry of a covered consent decree or settlement agreement A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with subparagraph (A) and paragraph (2)(B)(i). (2) Publication of and comment on covered consent decrees or settlement agreements (A) In general Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online the proposed covered consent decree or settlement agreement. (B) Public comment (i) In general An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in subparagraph (A) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (ii) Submissions to court When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms. (3) Review by court (A) In general A court shall review the statutory basis for the proposed covered consent decree or settlement agreement and its terms de novo. (B) Review of deadlines (i) Proposed covered consent decrees For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (ii) Proposed covered settlement agreements For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. III Natural gas pipeline permitting efficiency 301. Regulatory approval of natural gas pipeline projects Section 7 of the Natural Gas Act ( 15 U.S.C. 717f ) is amended— (1) in subsection (d)— (A) by striking (d) Application for certificates and inserting the following: (d) Application requirements (1) In general An application for a certificate of public convenience and necessity under this section ; and (B) by adding at the end the following: (2) Use of aerial survey data to satisfy preliminary requirements A natural-gas company that submits to the Commission an application for a certificate of public convenience and necessity under this section to construct an interstate natural gas pipeline— (A) with respect to any preliminary requirement for that certification, may use aerial survey data to satisfy the preliminary requirement; but (B) with respect to each applicable nonpreliminary survey requirement for approval of the certification, shall achieve compliance with the requirement through such other means as the Commission may require. ; and (2) by adding at the end the following: (i) Regulatory approval of natural gas pipeline projects (1) Definition of prefiled project In this subsection, the term prefiled project means a project for the siting, construction, expansion, or operation of a natural gas pipeline with respect to which a prefiling docket number has been assigned by the Commission pursuant to a prefiling process established by the Commission for the purpose of facilitating the formal application process for obtaining a certificate of public convenience and necessity. (2) Determination on applications The Commission shall approve or deny an application for a certificate of public convenience and necessity for a prefiled project by not later than 1 year after the date of receipt of a completed application that is ready to be processed, as determined by the Commission by regulation. (3) Other Federal agencies (A) In general Except as provided in subparagraph (B), the head of the Federal department or agency responsible for issuing any license, permit, or other approval required under Federal law in connection with a prefiled project for which a certificate of public convenience and necessity is sought under this Act shall approve or deny the license, permit, or other approval by not later than 90 days after the date on which the Commission issues a final environmental document relating to the project. (B) Extension (i) In general The Commission may extend an applicable deadline under subparagraph (A) by not longer than an additional 30 days, if the head of the affected Federal department or agency demonstrates that— (I) the process of determining whether to approve or deny the applicable license, permit, or other approval cannot be completed by the applicable deadline; and (II) the department or agency therefore will be compelled to deny the license, permit, or approval. (ii) Technical assistance In providing an extension under this subparagraph, the Commission may offer to the affected Federal department or agency such technical assistance as is necessary to address any condition preventing the completion of the review of the application for the license, permit, or other approval. (C) Failure to act If a Federal department or agency described in subparagraph (A) fails to approve or deny a license, permit, or other approval by the deadline under subparagraph (A) or (B), as applicable— (i) the license, permit, or approval shall take effect on the date that is 30 days after the expiration of the deadline; and (ii) the Commission shall incorporate into the terms of the license, permit, or approval any conditions proffered by the Federal department or agency that the Commission does not determine to be inconsistent with any relevant environmental document. . 302. Rights-of-way for public utilities Section 100902(a)(1)(A) of title 54, United States Code, is amended by striking and lines for the generation and distribution of electrical power and inserting lines for the generation and distribution of electrical power, and natural gas or petroleum product pipelines . IV Transportation conformity reform 401. Limitations on certain Federal assistance under Clean Air Act Section 176 of the Clean Air Act ( 42 U.S.C. 7506 ) is amended— (1) in subsection (c)(1)— (A) by striking the undesignated matter following clause (iii) of subparagraph (B); and (B) in the fourth sentence, by striking Conformity to an implementation plan means— and inserting the following: (a) Definition of conform (1) In general In this section, the term conform , with respect to the status of an activity, project, program, or plan as determined under an applicable implementation plan, means that the activity, project, program, or plan— ; (2) in subsection (a) (as so redesignated)— (A) in paragraph (1) (as so redesignated)— (i) by striking (A) conformity to and inserting the following: (A) achieves compliance with ; and (ii) by striking (B) that such activities will and inserting the following: (B) will ; (B) by moving the subsection (as so amended) to appear at the beginning of the section; and (C) by adding at the end the following: (2) Determination estimates For purposes of paragraph (1), a determination regarding the conformity of an activity, project, program, or plan shall be based on the most recent estimates of the emissions of the activity, project, program, or plan, which shall be determined based on the most recent applicable population, employment, travel, and congestion estimates (as determined by the metropolitan planning organization or other agency authorized to make those estimates). ; (3) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively; (4) in subsection (b) (as so redesignated)— (A) by striking the subsection designation and all that follows through No department in the first sentence and inserting the following: (b) Requirement of conformity for Federal assistance (1) Limitations (A) Federal agencies No department ; (B) in paragraph (1)(A) (as so redesignated)— (i) in the first sentence, by striking it has and inserting the implementation plan has ; (ii) in the third sentence, by striking The assurance of conformity to such an implementation plan and inserting the following: (C) Responsibility for assurance The assurance of conformity to an implementation plan approved or promulgated under section 110 ; and (iii) in the second sentence, by striking No metropolitan and inserting the following: (B) Metropolitan planning organizations No metropolitan ; (C) in paragraph (2)— (i) in subparagraph (A), by striking of paragraph (1)(B) and inserting described in subsection (a)(1)(B) ; (ii) in subparagraph (C)— (I) in clause (i), by striking (i) such a project and inserting the following: (II) (aa) the project ; (II) in clause (ii), by striking (ii) the design and inserting the following: (bb) the design ; (III) in clause (iii), by striking (iii) the design and inserting the following: (cc) the design ; and (IV) in the matter preceding clause (i), by striking only if it meets either the requirements of subparagraph (D) or the following requirements and inserting the following: only if— (I) the transportation project achieves compliance with all applicable requirements of clause (iv); or ; (iii) in subparagraph (D), by striking subparagraph (C) and inserting clause (iii) ; (iv) in subparagraph (E)— (I) in clause (ii), by striking clause (i) and inserting subclause (I) ; and (II) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting the subclauses appropriately; (v) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and indenting the clauses appropriately; and (vi) in the matter preceding clause (i) (as so redesignated)— (I) in the third sentence, by striking In particular— and inserting the following: (C) Additional requirements The additional requirements referred to in subparagraph (B)(i)(II) are that— ; (II) in the second sentence— (aa) by striking been found to conform to any applicable implementation plan in effect under this Act. and inserting the following: been determined— (I) to conform to an applicable implementation plan in effect under this Act (as determined in accordance with paragraph (4)(B)); and (II) to achieve compliance with all applicable additional requirements described in subparagraph (C). ; and (bb) by striking No Federal and inserting the following: (B) Conformity required (i) In general Subject to clause (ii), no Federal ; (III) in the first sentence, by striking (2) Any and inserting the following: (2) Transportation conformity (A) In general Each ; and (IV) in subparagraph (B) (as designated by subclause (II)(bb)), by adding at the end the following: (ii) Applicability The requirement described in clause (i) shall not apply— (I) to a transportation plan, program, or project carried out in an area designated under this Act as a marginal nonattainment or attainment-maintenance area; and (II) in an area that is not an area described in subclause (I), until the date that is 180 days after the date on which the Administrator approves the motor vehicle emissions budget contained in the State implementation plan applicable to the relevant transportation plan, program, or project. ; (D) in paragraph (3)— (i) in subparagraph (A)— (I) in clause (i), by adding and after the semicolon at the end; and (II) by striking clause (iii); and (ii) in subparagraph (B)— (I) in clause (i), by striking enactment; and and all that follows through the end of the undesignated matter following clause (ii) and inserting enactment. ; and (II) in the matter preceding clause (i), by striking projects— and all that follows through come from in clause (i) and inserting projects are carried out under ; (E) in paragraph (4)— (i) in subparagraph (B)— (I) by striking The Administrator and inserting the following: (i) In general Subject to clause (ii), the Administrator ; and (II) by adding at the end the following: (ii) Requirements The criteria and procedures promulgated pursuant to clause (i) shall— (I) be based on the most recently issued national ambient air quality standard for each applicable criteria pollutant; and (II) establish that conformity in the case of transportation plans, programs, and projects shall not be required— (aa) in any area designated under this Act as a marginal nonattainment or attainment-maintenance area; and (bb) with respect to any area that is not an area described in item (aa), until the date that is 180 days after the date on which the Administrator approves the motor vehicle emissions budget contained in the State implementation plan applicable to the relevant transportation plan, program, or project. ; (ii) in subparagraph (D)— (I) in clause (ii)— (aa) in subclause (II), by striking paragraph (2)(E) and inserting paragraph (2)(C)(v) ; and (bb) by indenting subclauses (I) and (II) appropriately; (II) by indenting clauses (i) through (iii) appropriately; and (III) by striking (D) The and inserting the following: (D) Minimum requirements The ; and (iii) in subparagraph (F), by striking (F) Compliance and inserting the following: (F) Traffic signal synchronization projects Compliance ; (F) by striking paragraphs (5) and (6); (G) by redesignating paragraphs (7) through (9) as paragraphs (5) through (7), respectively; (H) in subparagraph (A) of paragraph (5) (as so redesignated), by striking Each and inserting Subject to paragraph (2)(B)(ii)(II), each ; (I) in paragraph (7) (as so redesignated), by striking If and inserting the following: (A) Definition of lapse In this paragraph, the term lapse , with respect to a conformity determination for a transportation plan or transportation improvement program, means that— (i) the conformity determination has expired; and (ii) as a result of that expiration, no currently conforming transportation plan or transportation improvement program exists. (B) Lapses If ; and (J) by striking paragraph (10); and (5) in subsection (c) (as redesignated by paragraph (3))— (A) in the second sentence, by striking This paragraph extends to, but is not limited to, and inserting the following: (2) Applicability The authority described in paragraph (1) includes any ; and (B) by striking the subsection designation and all that follows through Federal Government and inserting the following: (c) Priority (1) Requirement Each Federal department, agency, and instrumentality . 402. Study on transportation air quality conformity under Clean Air Act The Administrators of the Environmental Protection Agency, the Federal Highway Administration, and the Federal Transit Administration shall jointly enter into an arrangement with the National Academy of Sciences under which the Academy shall— (1) conduct a study relating to transportation air quality conformity to evaluate the effectiveness of the conformity requirements under section 176 of the Clean Air Act ( 42 U.S.C. 7506 ) (as amended by section 401); and (2) provide to the Administrators recommendations for transportation conformity policy, including suggested legislative and regulatory changes relating to transportation planning and air quality. V Increasing State authority and collaboration in reviewing transportation projects 501. Federal-State project agreements Section 106(b) of title 23, United States Code, is amended by adding at the end the following: (3) No Federal approval for certain activities (A) In general Notwithstanding any other provision of law (including regulations), no approval of the Secretary shall be required under this section for any project described in subparagraph (B), subject to the condition that the project shall be carried out in accordance with all other applicable requirements under this title and title 49. (B) Description of projects A project referred to in subparagraph (A) is any project— (i) carried out under— (I) a stewardship and oversight agreement; or (II) any other agreement under this section; and (ii) relating to— (I) the standard specifications of the applicable State transportation department; (II) the pavement design policy of the State transportation department; (III) any value engineering policies or procedures of the State transportation department; (IV) liquidated damage rates; (V) a quality assurance program of the State transportation department; or (VI) such other matter as the Secretary, in consultation with State transportation departments, determines to be appropriate. . 502. Project approval and oversight for high risk projects Section 106(c)(4) of title 23, United States Code, is amended— (1) in subparagraph (A)— (A) by striking shall not assign any responsibilities to a State for projects and inserting may assign to a State responsibility for a project in the State that ; and (B) by inserting , subject to the requirement that the project shall be carried out in accordance with all applicable requirements of an agreement between the Secretary and the State under this section before the period at the end; and (2) in subparagraph (B), by striking The Secretary may define the high risk categories under this subparagraph on and inserting the following: For purposes of subparagraph (A), the Secretary— (A) shall establish high risk categories in collaboration with State transportation departments; and (B) may define the categories on . 503. Advance acquisition of real property Section 108 of title 23, United States Code, is amended— (1) in subsection (a)(1), by striking may make and inserting shall make ; (2) in subsection (b), by striking (b) Federal and inserting the following: (b) Maximum participation Federal ; (3) in subsection (c)(3)— (A) in the matter preceding subparagraph (A), by striking State demonstrates to the Secretary and the Secretary finds and inserting State ensures ; (B) in subparagraph (F)— (i) by inserting of 1969 ( 42 U.S.C. 4321 et seq.) after Policy Act ; (ii) by striking this Act and inserting the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 1914) ; and (iii) by inserting of 1973 ( 16 U.S.C. 1531 et seq.) after Species Act ; and (C) in subparagraph (G), by striking the Secretary and inserting the State ; and (4) in subsection (d)— (A) in paragraph (2)— (i) by striking a State each place it appears and inserting the State ; and (ii) by striking The Secretary may and inserting On receipt of a request from a State, the Secretary shall ; (B) in paragraph (3), in the matter preceding subparagraph (A), by striking , with concurrence by the Secretary, ; and (C) in paragraph (7)— (i) by striking If and inserting the following: (A) In general Subject to subparagraph (B), if ; and (ii) by adding at the end the following: (B) Extension On receipt of a request from a State, the Secretary shall delay the effective date of the offset against the apportionment of the State described in subparagraph (A) for such period as the Secretary determines to be appropriate, in accordance with applicable law (including regulations). . 504. Agreements relating to use of, and access to, rights-of-way on Interstate System Section 111 of title 23, United States Code, is amended— (1) in subsection (a)— (A) in the fourth sentence— (i) by striking Nothing and inserting the following: (4) Effect of section Nothing ; (ii) by striking Interstate System (1) if such establishment (A) was and inserting the following: Interstate System, if— (A) the establishment— (i) was ; (iii) by striking 1960, (B) is owned by a State, and (C) is and inserting the following: 1960; (ii) is owned by a State; and (iii) is ; and (iv) by striking otherwise, and (2) if all and inserting the following: otherwise; and (B) all ; (B) in the third sentence, by striking Such agreements may, however, and inserting the following: (3) Use of airspace An agreement described in paragraph (1)(A) may ; (C) in the second sentence, by striking Such agreements shall also contain a clause providing and inserting the following: (2) Automotive service stations An agreement described in paragraph (1)(A) shall include a requirement ; (D) by striking the subsection designation and heading and all that follows through All agreements between the Secretary and the in the first sentence and inserting the following: (a) Requirements for agreements (1) Points of access and exit (A) In general Except as provided in subparagraph (B), each agreement between the Secretary and a ; and (E) in paragraph (1) (as so redesignated), by adding at the end the following: (B) Transfer of authority to States On receipt of a request from a State transportation department, the Secretary shall transfer to the State transportation department the sole authority to approve the addition of a point of access to, or exit from, an applicable project on the Interstate System on approval by the State transportation department of a justification report under subsection (e). ; and (2) in subsection (e), by striking Secretary may permit a State transportation department to approve the report and inserting Secretary, on receipt of a request from an affected State transportation department, shall transfer to the State transportation department in accordance with subsection (a)(1)(B) the sole authority to approve the addition of the applicable point of access to, or exit from, a relevant project on the Interstate System on approval by the State transportation department of the report . | https://www.govinfo.gov/content/pkg/BILLS-117s1254is/xml/BILLS-117s1254is.xml |
117-s-1255 | II 117th CONGRESS 1st Session S. 1255 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Cardin (for himself, Ms. Cantwell , Mr. Padilla , Ms. Rosen , Ms. Sinema , Mr. Booker , Ms. Cortez Masto , Mr. Van Hollen , Mr. Warnock , Mrs. Feinstein , Mr. Wyden , Mr. Schumer , Mr. Blumenthal , Mr. Luján , Mr. Durbin , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Minority Business Development Agency of the Department of Commerce to promote and administer programs in the public and private sectors to assist the development of minority business enterprises, to ensure that such Agency has the necessary supporting resources, particularly during economic downturns, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Minority Business Resiliency Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. Minority Business Development Agency. TITLE I—Existing initiatives Subtitle A—Market development, research, and information Sec. 101. Private sector development. Sec. 102. Public sector development. Sec. 103. Research and information. Subtitle B—Minority Business Development Agency Business Center Program Sec. 110. Definition. Sec. 111. Purpose. Sec. 112. Establishment. Sec. 113. Grants and cooperative agreements. Sec. 114. Minimizing disruptions to existing MBDA Business Center program. Sec. 115. Publicity. Sec. 116. Funding. TITLE II—New initiatives to promote economic resiliency for minority businesses Sec. 201. Annual diverse business forum on capital formation. Sec. 202. Agency study on alternative financing solutions. Sec. 203. Educational development relating to management and entrepreneurship. TITLE III—Rural minority business center program Sec. 301. Definitions. Sec. 302. Business centers. Sec. 303. Report to Congress. Sec. 304. Study and report. TITLE IV—Minority business development grants Sec. 401. Grants to nonprofit organizations that support minority business enterprises. Sec. 402. Minority business grants. TITLE V—Administrative and other powers of the Agency; miscellaneous provisions Sec. 501. Administrative powers. Sec. 502. Federal assistance. Sec. 503. Audits. Sec. 504. Review and report by Comptroller General. Sec. 505. Annual reports; recommendations. Sec. 506. Separability. Sec. 507. Executive Order 11625. Sec. 508. Amendment to the Federal Acquisition Streamlining Act of 1994. Sec. 509. Authorization of appropriations. 2. Findings and purposes (a) Findings Congress finds the following: (1) During times of economic downturn or recession, communities of color, and businesses within those communities, are generally more adversely affected, which requires an expansion of the ability of the Federal Government to infuse resources into those communities. (2) Despite the growth in the number of minority business enterprises, gaps remain with respect to key metrics for those enterprises, such as access to capital, revenue, number of employees, and survival rate. Specifically— (A) according to the Department of Commerce, minority business enterprises are 2 to 3 times more likely to be denied loans than non-minority business enterprises; (B) according to the Bureau of the Census, the average non-minority business enterprise reports receipts that are more than 3 times higher than receipts reported by the average minority business enterprise; and (C) according to the Kauffman Foundation— (i) minority business enterprises are 1/2 as likely to employ individuals, as compared with non-minority business enterprises; and (ii) if minorities started and owned businesses at the same rate as non-minorities, the United States economy would have more than 1,000,000 additional employer businesses and more than 9,500,000 additional jobs. (3) Because of the conditions described in paragraph (2), it is in the interest of the United States and the economy of the United States to expeditiously ameliorate the disparities that minority business enterprises experience. (4) Many individuals who own minority business enterprises are socially disadvantaged because those individuals identify as members of certain groups that have suffered the effects of discriminatory practices or similar circumstances over which those individuals have no control, including individuals who are— (A) Black or African American; (B) Hispanic or Latino; (C) American Indian or Alaska Native; (D) Asian; and (E) Native Hawaiian or other Pacific Islander. (5) Discriminatory practices and similar circumstances described in paragraph (4) are a significant determinant of overall economic disadvantage in the United States, which is evident in the persistent racial wealth gap in the United States. (6) While other Federal agencies focus only on small businesses and businesses that represent a broader demographic than solely minority business enterprises, the Agency focuses exclusively on— (A) the unique needs of minority business enterprises; and (B) enhancing the capacity of minority business enterprises. (b) Purposes The purposes of this Act are to— (1) require the Agency to promote and administer programs in the public and private sectors to assist the development of minority business enterprises; and (2) achieve the development described in paragraph (1) by authorizing the Assistant Secretary to carry out programs that will result in increased access to capital, management, and technology for minority business enterprises. 3. Definitions In this Act: (1) Agency The term Agency means the Minority Business Development Agency of the Department of Commerce. (2) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Minority Business Development, who is appointed as described in section 4(b) to administer this Act. (3) Community-based organization The term community-based organization has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Eligible entity Except as otherwise expressly provided, the term eligible entity — (A) means— (i) a private sector entity; (ii) a public sector entity; or (iii) a Tribal government; and (B) includes an institution of higher education. (5) Federal agency The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. (6) Federally recognized area of economic distress The term federally recognized area of economic distress means— (A) a HUBZone, as that term is defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) ); (B) an area that— (i) has been designated as— (I) an empowerment zone under section 1391 of the Internal Revenue Code of 1986; or (II) a Promise Zone by the Secretary of Housing and Urban Development; or (ii) is a low or moderate income area, as determined by the Bureau of the Census; (C) a qualified opportunity zone, as that term is defined in section 1400Z–1 of the Internal Revenue Code of 1986; or (D) any other political subdivision or unincorporated area of a State determined by the Assistant Secretary to be an area of economic distress. (7) Indian Tribe The term Indian Tribe — (A) has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ); and (B) includes a Native Hawaiian organization. (8) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (9) MBDA Business Center The term MBDA Business Center means any business center that— (A) is established by the Agency; and (B) provides technical business assistance to minority business enterprises consistent with the requirements of this Act. (10) MBDA Business Center agreement The term MBDA Business Center agreement means a legal instrument— (A) reflecting a relationship between the Agency and the recipient of a Federal assistance award that is the subject of the instrument; and (B) that establishes the terms by which the recipient described in subparagraph (A) shall operate an MBDA Business Center. (11) Minority business enterprise The term minority business enterprise means a business enterprise (without regard to whether the business enterprise is a for-profit or not-for-profit enterprise)— (A) that is not less than 51 percent-owned by 1 or more socially and economically disadvantaged individuals; and (B) the management and daily business operations of which are controlled by 1 or more socially and economically disadvantaged individuals. (12) Private sector entity The term private sector entity — (A) means an entity that is not a public sector entity; and (B) does not include— (i) the Federal Government; (ii) any Federal agency; or (iii) any instrumentality of the Federal Government. (13) Public sector entity The term public sector entity means— (A) a State; (B) an agency of a State; (C) a political subdivision of a State; or (D) an agency of a political subdivision of a State. (14) Secretary The term Secretary means the Secretary of Commerce. (15) Socially and economically disadvantaged individual (A) In general The term socially and economically disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice, or to cultural bias, because of the identity of the individual as a member of a group, without regard to any individual quality of the individual that is unrelated to that identity. (B) Presumption In carrying out this Act, the Assistant Secretary shall presume that the term socially and economically disadvantaged individual includes any individual who is— (i) Black or African American; (ii) Hispanic or Latino; (iii) American Indian or Alaska Native; (iv) Asian; (v) Native Hawaiian or other Pacific Islander; or (vi) a member of a group that the Agency determines under part 1400 of title 15, Code of Federal Regulations, as in effect on November 23, 1984, is a socially disadvantaged group eligible to receive assistance. (16) Specialty center The term specialty center means an MBDA Business Center that provides specialty services focusing on specific business needs, including assistance relating to— (A) capital access; (B) Federal procurement; (C) entrepreneurship; (D) technology transfer; or (E) any other area determined necessary or appropriate based on the priorities of the Agency. (17) State The term State means— (A) each of the States of the United States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the United States Virgin Islands; (E) Guam; (F) American Samoa; (G) the Commonwealth of the Northern Mariana Islands; and (H) each Indian Tribe. 4. Minority Business Development Agency (a) In general There is within the Department of Commerce the Minority Business Development Agency. (b) Assistant Secretary (1) Appointment and duties The Agency shall be headed by an Assistant Secretary of Commerce for Minority Business Development, who shall be— (A) appointed by the President, by and with the advice and consent of the Senate; and (B) except as otherwise expressly provided, responsible for the administration of this Act. (2) Compensation (A) In general The Assistant Secretary shall be compensated at an annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (B) Technical and conforming amendment Section 5315 of title 5, United States Code, is amended, in the item relating to Assistant Secretaries of Commerce, by striking (11) and inserting (12) . (c) Report to Congress Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes— (1) the organizational structure of the Agency; (2) the organizational position of the Agency within the Department of Commerce; and (3) a description of how the Agency shall function in relation to the operations carried out by each other component of the Department of Commerce. (d) Office of Business Centers (1) Establishment There is established within the Agency an Office of Business Centers. (2) Director The Office of Business Centers shall be administered by a Director, who shall be appointed by the Assistant Secretary. (e) Offices of the Agency (1) In general In addition to the regional offices that the Assistant Secretary is required to establish under paragraph (2), the Assistant Secretary shall establish such other offices within the Agency as are necessary to carry out this Act. (2) Regional offices (A) In general In order to carry out this Act, the Assistant Secretary shall establish a regional office of the Agency for each of the regions of the United States, as determined by the Assistant Secretary. (B) Duties Each regional office established under subparagraph (A) shall expand the reach of the Agency and enable the Federal Government to better serve the needs of minority business enterprises in the region served by the office, including by— (i) understanding and participating in the business environment of that region; (ii) working with— (I) MBDA Business Centers that are located in that region; (II) resource and lending partners of the Small Business Administration and the Department of Agriculture that are located in that region; and (III) Federal, State, and local procurement offices that are located in that region; (iii) being aware of business retention or expansion programs that are specific to that region; (iv) seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises; and (v) promoting business continuity and preparedness. I Existing initiatives A Market development, research, and information 101. Private sector development The Assistant Secretary shall, whenever the Assistant Secretary determines such action is necessary or appropriate— (1) provide Federal assistance to minority business enterprises operating in domestic and foreign markets by making available to those business enterprises, either directly or in cooperation with private sector entities, including community-based organizations and national nonprofit organizations— (A) resources relating to management; (B) technological and technical assistance; (C) financial, legal, and marketing services; and (D) services relating to workforce development; (2) encourage minority business enterprises to establish joint ventures and projects— (A) with other minority business enterprises; or (B) in cooperation with public sector entities or private sector entities, including community-based organizations and national nonprofit organizations, to increase the share of any market activity being performed by minority business enterprises; and (3) facilitate the efforts of private sector entities and Federal agencies to advance the growth of minority business enterprises. 102. Public sector development The Assistant Secretary shall, whenever the Assistant Secretary determines such action is necessary or appropriate— (1) consult and cooperate with public sector entities for the purpose of leveraging resources available in the jurisdictions of those public sector entities to promote the position of minority business enterprises in the local economies of those public sector entities, including by assisting public sector entities to establish or enhance— (A) programs to procure goods and services through minority business enterprises and goals for that procurement; (B) programs offering assistance relating to— (i) management; (ii) technology; (iii) law; (iv) financing, including accounting; (v) marketing; and (vi) workforce development; and (C) informational programs designed to inform minority business enterprises located in the jurisdictions of those public sector entities about the availability of programs described in this section; (2) meet with leaders and officials of public sector entities for the purpose of recommending and promoting local administrative and legislative initiatives needed to advance the position of minority business enterprises in the local economies of those public sector entities; and (3) facilitate the efforts of public sector entities and Federal agencies to advance the growth of minority business enterprises. 103. Research and information (a) In general In order to achieve the purposes of this Act, the Assistant Secretary— (1) shall— (A) collect and analyze data, including data relating to the causes of the success or failure of minority business enterprises; (B) perform evaluations of programs carried out by Federal agencies with an emphasis on increasing coordination between Federal agencies with respect to the development of minority business enterprises; (C) conduct research, studies, and surveys of— (i) economic conditions generally in the United States; and (ii) how the conditions described in clause (i) particularly affect the development of minority business enterprises; and (D) provide outreach, educational services, and technical assistance in the 10 most commonly spoken languages in the United States to ensure that limited-English proficient individuals receive culturally and linguistically appropriate access to the services and information provided by the Agency; and (2) may, at the request of a public sector entity or a private sector entity, perform an evaluation of programs carried out by the entity that are designed to assist the development of minority business enterprises. (b) Information clearinghouse The Assistant Secretary shall— (1) establish and maintain an information clearinghouse for the collection and dissemination to relevant parties (including business owners and researchers) of demographic, economic, financial, managerial, and technical data relating to minority business enterprises; and (2) take such steps as the Assistant Secretary may determine to be necessary and desirable to— (A) search for, collect, classify, coordinate, integrate, record, and catalog the data described in paragraph (1); and (B) in a manner that is consistent with section 552a of title 5, United States Code, protect the privacy of the minority business enterprises to which the data described in paragraph (1) relates. B Minority Business Development Agency Business Center Program 110. Definition In this subtitle, the term MBDA Business Center Program means the program established under section 112. 111. Purpose The purpose of the MBDA Business Center Program shall be to create a national network of public-private partnerships that— (1) assist minority business enterprises to— (A) access capital, contracts, and grants; and (B) create and maintain jobs; (2) provide counseling and mentoring to minority business enterprises; and (3) facilitate the growth of minority business enterprises by promoting trade. 112. Establishment (a) In general There is established in the Agency a program— (1) that shall be known as the MBDA Business Center Program; (2) that shall be separate and distinct from the efforts of the Assistant Secretary under section 101; and (3) under which the Assistant Secretary shall make Federal assistance awards to eligible entities to operate MBDA Business Centers, which shall, in accordance with section 113, provide technical assistance and business development services, or specialty services, to minority business enterprises. (b) Coverage The Assistant Secretary shall take all necessary actions to ensure that the MBDA Business Center Program, in accordance with section 113, offers the services described in subsection (a)(3) in all regions of the United States. 113. Grants and cooperative agreements (a) Requirements An MBDA Business Center (referred to in this subtitle as a Center ), with respect to the Federal financial assistance award made to operate the Center under the MBDA Business Center Program— (1) shall— (A) provide to minority business enterprises programs and services determined to be appropriate by the Assistant Secretary, which— (i) shall include referral services to meet the needs of minority business enterprises; and (ii) may include programs and services to accomplish the goals described in section 101(1); (B) develop, cultivate, and maintain a network of strategic partnerships with organizations that foster access by minority business enterprises to economic markets, capital, or contracts; (C) continue to upgrade and modify the services provided by the Center, as necessary, in order to meet the changing and evolving needs of the business community; (D) establish or continue a referral relationship with not less than 1 community-based organization; and (E) collaborate with other Centers; and (2) in providing programs and services under the applicable MBDA Business Center agreement, may— (A) operate on a fee-for-service basis; or (B) generate income through the collection of— (i) client fees; (ii) membership fees; and (iii) any other appropriate fees proposed by the Center in the application submitted by the Center under subsection (e). (b) Term Subject to subsection (g)(3), the term of an MBDA Business Center agreement shall be not less than 3 years. (c) Financial assistance (1) In general The amount of financial assistance provided by the Assistant Secretary under an MBDA Business Center agreement shall be not less than $250,000 for the term of the agreement. (2) Matching requirement (A) In general A Center shall match not less than 1/3 of the amount of the financial assistance awarded to the Center under the terms of the applicable MBDA Business Center agreement, unless the Assistant Secretary determines that a waiver of that requirement is necessary after a demonstration by the Center of a substantial need for that waiver. (B) Form of funds A Center may meet the matching requirement under subparagraph (A) using— (i) cash or in-kind contributions, without regard to whether the contribution is made by a third party; or (ii) Federal funds received from other Federal programs. (3) Use of financial assistance and program income A Center shall use— (A) all financial assistance awarded to the Center under the applicable MBDA Business Center agreement to carry out subsection (a); and (B) all income that the Center generates in carrying out subsection (a)— (i) to meet the matching requirement under paragraph (2) of this subsection; and (ii) if the Center meets the matching requirement under paragraph (2) of this subsection, to carry out subsection (a). (d) Criteria for selection The Assistant Secretary shall— (1) establish criteria that— (A) the Assistant Secretary shall use in determining whether to enter into an MBDA Business Center agreement with an eligible entity; and (B) may include criteria relating to whether an eligible entity is located in— (i) an area, the population of which is composed of not less than 51 percent socially and economically disadvantaged individuals, as determined in accordance with data collected by the Bureau of the Census; (ii) a federally recognized area of economic distress; or (iii) a State that is underserved with respect to the MBDA Business Center Program, as defined by the Assistant Secretary; and (2) make the criteria and standards established under paragraph (1) publicly available, including— (A) on the website of the Agency; and (B) in each Notice of Funding Opportunity soliciting MBDA Business Center agreements. (e) Applications An eligible entity desiring to enter into an MBDA Business Center agreement shall submit to the Assistant Secretary an application that includes— (1) a statement of— (A) how the eligible entity will carry out subsection (a); and (B) any experience of the eligible entity in— (i) assisting minority business enterprises to— (I) obtain— (aa) large-scale contracts, grants, or procurements; (bb) financing; or (cc) legal assistance; (II) access established supply chains; and (III) engage in— (aa) joint ventures, teaming arrangements, and mergers and acquisitions; or (bb) large-scale transactions in global markets; (ii) supporting minority business enterprises in increasing the size of the workforces of those enterprises, including, with respect to a minority business enterprise that does not have employees, aiding the minority business enterprise in becoming an enterprise that has employees; and (iii) advocating for minority business enterprises; and (2) the budget and corresponding budget narrative that the eligible entity will use in carrying out subsection (a) during the term of the applicable MBDA Business Center agreement. (f) Notification If the Assistant Secretary grants an application of an eligible entity submitted under subsection (e), the Assistant Secretary shall notify the eligible entity that the application has been granted not later than 150 days after the last day on which an application may be submitted under that subsection. (g) Program examination; accreditation; extensions (1) Examination Not later than 180 days after the date of enactment of this Act, and biennially thereafter, the Assistant Secretary shall conduct a programmatic financial examination of each Center. (2) Accreditation The Assistant Secretary may provide financial support, by contract or otherwise, to an association, not less than 51 percent of the members of which are Centers, to— (A) pursue matters of common concern with respect to Centers; and (B) develop an accreditation program with respect to Centers. (3) Extensions (A) In general The Assistant Secretary may extend the term under subsection (b) of an MBDA Business Center agreement to which a Center is a party, if the Center consents to the extension. (B) Financial assistance If the Assistant Secretary extends the term of an MBDA Business Center agreement under paragraph (1), the Assistant Secretary shall, in the same manner and amount in which financial assistance was provided during the initial term of the agreement, provide financial assistance under the agreement during the extended term of the agreement. (h) MBDA involvement The Assistant Secretary may take actions to ensure that the Agency is substantially involved in the activities of Centers in carrying out subsection (a), including by— (1) providing to each Center training relating to the MBDA Business Center Program; (2) requiring that the operator and staff of each Center— (A) attend— (i) a conference with the Agency to establish the services and programs that the Center will provide in carrying out the requirements before the date on which the Center begins providing those services and programs; and (ii) training provided under paragraph (1); (B) receive necessary guidance relating to carrying out the requirements under subsection (a); and (C) work in coordination and collaboration with the Assistant Secretary to carry out the MBDA Business Center Program and other programs of the Agency; (3) facilitating connections between Centers and— (A) Federal agencies other than the Agency, including the Small Business Administration, the Department of Agriculture, the Federal Trade Commission, the United States Patent and Trademark Office, and the Economic Development Administration of the Department of Commerce; and (B) other institutions or entities that use Federal resources, including— (i) small business development centers, as that term is defined in section 3(t) of the Small Business Act ( 15 U.S.C. 632(t) ); (ii) women’s business centers described in section 29 of the Small Business Act ( 15 U.S.C. 656 ); (iii) eligible entities, as that term is defined in section 2411 of title 10, United States Code, that provide services under the program carried out under chapter 142 of that title; and (iv) entities participating in the Hollings Manufacturing Extension Partnership Program established under section 25 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k ); (4) monitoring projects carried out by each Center; and (5) establishing and enforcing administrative and reporting requirements for each Center to carry out subsection (a). (i) Regulations The Assistant Secretary shall issue and publish regulations that establish minimum standards regarding verification of minority business enterprise status for clients of entities operating under the MBDA Business Center Program. 114. Minimizing disruptions to existing MBDA Business Center program The Assistant Secretary shall ensure that each Federal assistance award made under the Business Centers program of the Agency, as is in effect on the day before the date of enactment of this Act, is carried out in a manner that, to the greatest extent practicable, prevents disruption of any activity carried out under that award. 115. Publicity In carrying out the MBDA Business Center Program, the Assistant Secretary shall widely publicize the MBDA Business Center Program, including— (1) on the website of the Agency; (2) via social media outlets; and (3) by sharing information relating to the MBDA Business Center Program with community-based organizations, including interpretation groups where necessary, to communicate in the most common languages spoken by the groups served by those organizations. 116. Funding The Assistant Secretary shall use not less than 50 percent of the amount made available to carry out this Act in each of fiscal years 2021 through 2024 to carry out the MBDA Business Center Program, including the component of the program relating to specialty centers. II New initiatives to promote economic resiliency for minority businesses 201. Annual diverse business forum on capital formation (a) Responsibility of Agency Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Agency shall conduct a Government-business forum to review the current status of problems and programs relating to capital formation by minority business enterprises. (b) Participation in forum planning The Assistant Secretary shall invite the heads of other Federal agencies, such as the Chairman of the Securities and Exchange Commission, the Secretary of the Treasury, and the Chairman of the Board of Governors of the Federal Reserve System, organizations representing State securities commissioners, representatives of leading minority chambers of commerce, not less than 1 certified owner of a minority business enterprise, business organizations, and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection (a). (c) Preparation of statements and reports (1) Requests The Assistant Secretary may request that any head of a Federal department, agency, or organization, including those described in subsection (b), or any other group or individual, prepare a statement or report to be delivered at any forum conducted under subsection (a). (2) Cooperation Any head of a Federal department, agency, or organization who receives a request under paragraph (1) shall, to the greatest extent practicable, cooperate with the Assistant Secretary to fulfill that request. (d) Transmittal of proceedings and findings The Assistant Secretary shall— (1) prepare a summary of the proceedings of each forum conducted under subsection (a), which shall include the findings and recommendations of the forum; and (2) transmit the summary described in paragraph (1) with respect to each forum conducted under subsection (a) to— (A) the participants in the forum; (B) Congress; and (C) the public, through a publicly available website. (e) Review of findings and recommendations; public statements (1) In general A Federal agency to which a finding or recommendation described in subsection (d)(1) relates shall— (A) review that finding or recommendation; and (B) promptly after the finding or recommendation is transmitted under subsection (d)(2)(C), issue a public statement— (i) assessing the finding or recommendation; and (ii) disclosing the action, if any, the Federal agency intends to take with respect to the finding or recommendation. (2) Joint statement permitted If a finding or recommendation described in subsection (d)(1) relates to more than 1 Federal agency, the applicable Federal agencies may, for the purposes of the public statement required under paragraph (1)(B), issue a joint statement. 202. Agency study on alternative financing solutions (a) Purpose The purpose of this section is to provide information relating to alternative financing solutions to minority business enterprises, as those business enterprises are more likely to struggle in accessing, particularly at affordable rates, traditional sources of capital. (b) Study and report Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall— (1) conduct a study on opportunities for providing alternative financing solutions to minority business enterprises; and (2) submit to Congress, and publish on the website of the Agency, a report describing the findings of the study carried out under paragraph (1). 203. Educational development relating to management and entrepreneurship (a) Duties The Assistant Secretary shall, whenever the Assistant Secretary determines such action is necessary or appropriate— (1) promote and provide assistance for the education and training of socially and economically disadvantaged individuals in subjects directly relating to business administration and management; (2) join with, and encourage, institutions of higher education, leaders in business and industry, and other public sector and private sector entities, particularly minority business enterprises, to— (A) develop programs to offer scholarships and fellowships, apprenticeships, and internships relating to business to socially and economically disadvantaged individuals; and (B) sponsor seminars, conferences, and similar activities relating to business for the benefit of socially and economically disadvantaged individuals; (3) stimulate and accelerate curriculum design and improvement in support of development of minority business enterprises; and (4) encourage and assist private institutions and organizations and public sector entities to undertake activities similar to the activities described in paragraphs (1), (2), and (3). (b) Parren J. Mitchell entrepreneurship education grants (1) Definition In this subsection, the term eligible institution means an institution of higher education described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (2) Grants The Assistant Secretary shall award grants to eligible institutions to develop and implement entrepreneurship curricula. (3) Requirements An eligible institution to which a grant is awarded under this subsection shall use the grant funds to— (A) develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs, including— (i) business management and marketing; (ii) financial management and accounting; (iii) market analysis; (iv) competitive analysis; (v) innovation; (vi) strategic planning; and (vii) any other skill set that the eligible institution determines is necessary for the students served by the eligible institution and the community in which the eligible institution is located; and (B) implement the curriculum developed under subparagraph (A) at the eligible institution. (4) Implementation timeline The Assistant Secretary shall establish and publish a timeline under which an eligible institution to which a grant is awarded under this section shall carry out the requirements under paragraph (3). (5) Reports Each year, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Small Business and Entrepreneurship of the Senate, the Committee on Financial Services of the House of Representatives, and the Committee on Small Business of the House of Representatives, as part of the annual budget submission of the President under section 1105(a) of title 31, United States Code, a report evaluating the awarding and use of grants under this subsection during the fiscal year immediately preceding the date on which the report is submitted, which shall include, with respect to that fiscal year— (A) a description of each curriculum developed and implemented under each grant awarded under this section; (B) the date on which each grant awarded under this section was awarded; and (C) the number of eligible entities that were recipients of grants awarded under this section. III Rural minority business center program 301. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Small Business and Entrepreneurship of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Committee on Small Business of the House of Representatives. (2) Eligible entity The term eligible entity means— (A) a minority-serving institution; or (B) a consortium of institutions of higher education that is led by a minority-serving institution. (3) MBDA Rural Business Center The term MBDA Rural Business Center means an MBDA Business Center that provides technical business assistance to minority business enterprises located in rural areas. (4) MBDA Rural Business Center agreement The term MBDA Rural Business Center agreement means an MBDA Business Center agreement that establishes the terms by which the recipient of the Federal assistance award that is the subject of the agreement shall operate an MBDA Rural Business Center. (5) Minority-serving institution The term minority-serving institution means an institution described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (6) Rural area (A) In general Subject to subparagraph (B), the term rural area has the meaning given the term in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (B) 100,000 inhabitants For the purpose of this title, the reference to 50,000 inhabitants in section 343(a)(13)(A)(i) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A)(i) ) shall be deemed to refer to 100,000 inhabitants. (7) Rural minority business enterprise The term rural minority business enterprise means a minority business enterprise located in a rural area. 302. Business centers (a) In general The Assistant Secretary may establish MBDA Rural Business Centers. (b) Partnership (1) In general With respect to an MBDA Rural Business Center established by the Assistant Secretary, the Assistant Secretary shall establish the MBDA Rural Business Center in partnership with an eligible entity in accordance with paragraph (2). (2) MBDA agreement (A) In general With respect to each MBDA Rural Business Center established by the Assistant Secretary, the Assistant Secretary shall enter into a cooperative agreement with an eligible entity that provides that— (i) the eligible entity shall provide space, facilities, and staffing for the MBDA Rural Business Center; (ii) the Assistant Secretary shall provide funding for, and oversight with respect to, the MBDA Rural Business Center; and (iii) subject to subparagraph (B), the eligible entity shall match 20 percent of the amount of the funding provided by the Assistant Secretary under clause (ii), which may be calculated to include the costs of providing the space, facilities, and staffing under clause (i). (B) Lower match requirement Based on the available resources of an eligible entity, the Assistant Secretary may enter into a cooperative agreement with the eligible entity that provides that— (i) the eligible entity shall match less than 20 percent of the amount of the funding provided by the Assistant Secretary under subparagraph (A)(ii); or (ii) if the Assistant Secretary makes a determination, upon a demonstration by the eligible entity of substantial need, the eligible entity shall not be required to provide any match with respect to the funding provided by the Assistant Secretary under subparagraph (A)(ii). (C) Eligible funds An eligible entity may provide matching funds required under an MBDA Rural Business Center agreement with Federal funds received from other Federal programs. (3) Term The initial term of an MBDA Rural Business Center agreement shall be 3 years. (4) Extension The Assistant Secretary and an eligible entity may agree to extend the term of an MBDA Rural Business Center agreement with respect to an MBDA Rural Business Center. (c) Functions An MBDA Rural Business Center shall— (1) primarily serve clients that are— (A) rural minority business enterprises; or (B) minority business enterprises that are located more than 50 miles from an MBDA Business Center (other than that MBDA Rural Business Center); (2) focus on— (A) issues relating to— (i) the adoption of broadband internet access service (as defined in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation), digital literacy skills, and e-commerce by rural minority business enterprises; (ii) advanced manufacturing; (iii) the promotion of manufacturing in the United States; (iv) ways in which rural minority business enterprises can meet gaps in the supply chain of critical supplies and essential goods and services for the United States; (v) improving the connectivity of rural minority business enterprises through transportation and logistics; (vi) promoting trade and export opportunities by rural minority business enterprises; (vii) securing financial capital; (viii) facilitating entrepreneurship in rural areas; and (ix) creating jobs in rural areas; and (B) any other issue relating to the unique challenges faced by rural minority business enterprises; and (3) provide education, training, and legal, financial, and technical assistance to minority business enterprises. (d) Applications (1) In general Not later than 90 days after the date of enactment of this Act, the Assistant Secretary shall issue a Notice of Funding Opportunity requesting applications from eligible entities that desire to enter into MBDA Rural Business Center agreements. (2) Criteria and priority In selecting an eligible entity with which to enter into an MBDA Rural Business Center agreement, the Assistant Secretary shall— (A) select an eligible entity that demonstrates— (i) the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships; (ii) the research and extension capacity to support minority business enterprises; (iii) knowledge of the community that the eligible entity serves and the ability to conduct effective outreach to that community to advance the goals of an MBDA Rural Business Center; (iv) the ability to provide innovative business solutions, including access to contracting opportunities, markets, and capital; (v) the ability to provide services that advance the development of science, technology, engineering, and math jobs within minority business enterprises; (vi) the ability to leverage resources from within the eligible entity to advance an MBDA Rural Business Center; (vii) that the mission of the eligible entity aligns with the mission of the Agency; (viii) the ability to leverage relationships with rural minority business enterprises; and (ix) a referral relationship with not less than 1 community-based organization; and (B) give priority to an eligible entity located in a State or region that lacks an MBDA Business Center, as of the date of enactment of this Act. 303. Report to Congress Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees a report that includes— (1) a summary of the efforts of the Assistant Secretary to provide services to minority business enterprises located in States that lack an MBDA Business Center, as of the date of enactment of this Act, and especially in those States that have significant minority populations; and (2) recommendations for extending the outreach of the Agency to underserved areas. 304. Study and report (a) In general The Assistant Secretary, in coordination with relevant leadership of the Agency and relevant individuals outside of the Department of Commerce, shall conduct a study that addresses the ways in which minority business enterprises can meet gaps in the supply chain of the United States, with a particular focus on the supply chain of advanced manufacturing and essential goods and services. (b) Report Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall submit to the appropriate congressional committees a report that includes the results of the study conducted under subsection (a), which shall include recommendations regarding the ways in which minority business enterprises can meet gaps in the supply chain of the United States. IV Minority business development grants 401. Grants to nonprofit organizations that support minority business enterprises (a) Definition In this section, the term covered entity means a private nonprofit organization that— (1) is described in paragraph (3), (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and (2) can demonstrate that the primary mission of the organization is to provide services to minority business enterprises, whether through education, making grants or loans, or other similar activities. (b) Purpose The purpose of this section is to make grants to covered entities to help those covered entities continue the necessary work of supporting minority business enterprises. (c) Establishment Not later than 180 days after the date of enactment of this Act, the Assistant Secretary shall establish within the Agency a grant program under which the Assistant Secretary shall make grants to covered entities in accordance with the requirements of this section. (d) Application A covered entity desiring a grant under this section shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may require. (e) Priority The Assistant Secretary shall, in carrying out this section, prioritize granting an application submitted by a covered entity— (1) the primary mission of which is serving socially and economically disadvantaged individuals; or (2) that is located in a federally recognized area of economic distress. (f) Use of funds A covered entity to which a grant is made under this section may use the grant funds to support the development and growth of minority business enterprises. (g) Procedures The Assistant Secretary shall establish procedures to discourage and prevent waste, fraud, and abuse by applicants for, and recipients of, grants made under this section. (h) Inspector General audit Not later than 180 days after the date on which the Assistant Secretary begins making grants under this section, the Inspector General of the Department of Commerce shall— (1) conduct an audit of grants made under this section, which shall seek to identify any discrepancies or irregularities with respect to those grants; and (2) submit to Congress a report regarding the audit conducted under paragraph (1). (i) Updates to Congress Not later than 90 days after the date on which the Assistant Secretary establishes the grant program under subsection (c), and once every 30 days thereafter, the Assistant Secretary shall submit to Congress a report that contains— (1) the number of grants made under this section during the period covered by the report; and (2) with respect to the grants described in paragraph (1), the geographic distribution of those grants by State and county. 402. Minority business grants (a) In general The Assistant Secretary may award grants to minority business enterprises for the purpose of— (1) growing a minority business enterprise; or (2) helping a minority business enterprise to remain in business. (b) Establishment of office The Assistant Secretary shall establish an office within the Agency that has adequate staffing to award and administer grants under subsection (a). (c) Updates to Congress Not later than 120 days after the date of enactment of this Act, and once every 30 days thereafter, the Assistant Secretary shall submit to Congress a report that contains— (1) the number of grants made under this section during the period covered by the report; and (2) with respect to the grants described in paragraph (1)— (A) the geographic distribution of those grants by State and county; and (B) with respect to each minority business enterprise to which such a grant is awarded— (i) demographic information with respect to the minority business enterprise; and (ii) information regarding the industry in which the minority business enterprise operates. V Administrative and other powers of the Agency; miscellaneous provisions 501. Administrative powers (a) In general In carrying out this Act, the Assistant Secretary may— (1) adopt and use a seal for the Agency, which shall be judicially noticed; (2) hold hearings, sit and act, and take testimony as the Assistant Secretary may determine to be necessary or appropriate to carry out this Act; (3) acquire, in any lawful manner, any property that the Assistant Secretary determines to be necessary or appropriate to carry out this Act; (4) make advance payments under grants, contracts, and cooperative agreements awarded under this Act; (5) with the consent of another Federal agency, enter into an agreement with that Federal agency to utilize, with or without reimbursement, any service, equipment, personnel, or facility of that Federal agency; (6) coordinate with the heads of the Offices of Small and Disadvantaged Business Utilization of Federal agencies; (7) require a coordinated review of all training and technical assistance activities that are proposed to be carried out by Federal agencies in direct support of the development of minority business enterprises to— (A) ensure consistency with the purposes of this Act; and (B) avoid duplication of existing efforts; and (8) prescribe such rules, regulations, and procedures as the Assistant Secretary determines to be necessary or appropriate to carry out this Act. (b) Employment of certain experts and consultants (1) In general In carrying out this Act, the Assistant Secretary may employ experts and consultants or organizations that are composed of experts or consultants, as authorized under section 3109 of title 5, United States Code. (2) Renewal of contracts The Assistant Secretary may annually renew a contract for employment of an individual employed under paragraph (1). (c) Donation of property (1) In general Subject to paragraph (2), in carrying out this Act, the Assistant Secretary may, without cost (except for costs of care and handling), donate for use by any public sector entity, or by any recipient nonprofit organization, for the purpose of the development of minority business enterprises, any real or tangible personal property acquired by the Agency in carrying out this Act. (2) Terms, conditions, reservations, and restrictions The Assistant Secretary may impose reasonable terms, conditions, reservations, and restrictions upon the use of any property donated under paragraph (1). 502. Federal assistance (a) In general (1) Provision of Federal assistance To carry out sections 101, 102, and 103(a), the Assistant Secretary may provide Federal assistance to public sector entities and private sector entities in the form of grants or cooperative agreements. (2) Notice Not later than 120 days after the date on which amounts are appropriated to carry out this section, the Assistant Secretary shall, in accordance with subsection (b), broadly publish a statement regarding Federal assistance that will, or may, be provided under paragraph (1) during the fiscal year for which those amounts are appropriated, including— (A) the actual, or anticipated, amount of Federal assistance that will, or may, be made available; (B) the types of Federal assistance that will, or may, be made available; (C) the manner in which Federal assistance will be allocated among public sector entities and private sector entities, as applicable; and (D) the methodology used by the Assistant Secretary to make allocations under subparagraph (C). (3) Consultation The Assistant Secretary shall consult with public sector entities and private sector entities, as applicable, in deciding the amounts and types of Federal assistance to make available under paragraph (1). (b) Publicity In carrying out this section, the Assistant Secretary shall broadly publicize all opportunities for Federal assistance available under this section, including through the means required under section 115. 503. Audits (a) Recordkeeping requirement Each recipient of assistance under this Act shall keep such records as the Assistant Secretary shall prescribe, including records that fully disclose, with respect to the assistance received by the recipient under this Act— (1) the amount and nature of that assistance; (2) the disposition by the recipient of the proceeds of that assistance; (3) the total cost of the undertaking for which the assistance is given or used; (4) the amount and nature of the portion of the cost of the undertaking described in paragraph (3) that is supplied by a source other than the Agency; and (5) any other record that will facilitate an effective audit with respect to the assistance. (b) Access by Government officials The Assistant Secretary, the Inspector General of the Department of Commerce, and the Comptroller General of the United States, or any duly authorized representative of any such individual, shall have access, for the purpose of audit, investigation, and examination, to any book, document, paper, record, or other material of a recipient of assistance under this Act that pertains to the assistance received by the recipient under this Act. 504. Review and report by Comptroller General Not later than 4 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) conduct a thorough review of the programs carried out under this Act; and (2) submit to Congress a detailed report of the findings of the Comptroller General of the United States under the review carried out under paragraph (1), which shall include— (A) an evaluation of the effectiveness of the programs in achieving the purposes of this Act; (B) a description of any failure by any recipient of assistance under this Act to comply with the requirements under this Act; and (C) recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this Act. 505. Annual reports; recommendations (a) Annual report Not later than 90 days after the last day of each fiscal year, the Assistant Secretary shall submit to Congress, and publish on the website of the Agency, a report of each activity of the Agency carried out under this Act during the fiscal year preceding the date on which the report is submitted. (b) Recommendations The Assistant Secretary shall periodically submit to Congress and the President recommendations for legislation or other actions that the Assistant Secretary determines to be necessary or appropriate to promote the purposes of this Act. 506. Separability If a provision of this Act, or the application of a provision of this Act to any person or circumstance, is held by a court of competent jurisdiction to be invalid, that judgment— (1) shall not affect, impair, or invalidate— (A) any other provision of this Act; or (B) the application of this Act to any other person or circumstance; and (2) shall be confined in its operation to— (A) the provision of this Act with respect to which the judgment is rendered; or (B) the application of the provision of this Act to each person or circumstance directly involved in the controversy in which the judgment is rendered. 507. Executive Order 11625 The powers and duties of the Agency shall be determined— (1) in accordance with this Act and the requirements of this Act; and (2) without regard to Executive Order 11625 (36 Fed. Reg. 19967; relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise). 508. Amendment to the Federal Acquisition Streamlining Act of 1994 Section 7104(c) of the Federal Acquisition Streamlining Act of 1994 ( 15 U.S.C. 644a(c) ) is amended by striking paragraph (2) and inserting the following: (2) The Assistant Secretary of Commerce for Minority Business Development. . 509. Authorization of appropriations There are authorized to be appropriated to the Assistant Secretary not less than $100,000,000 for fiscal year 2021, and each fiscal year thereafter, to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1255is/xml/BILLS-117s1255is.xml |
117-s-1256 | II 117th CONGRESS 1st Session S. 1256 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Wyden (for himself, Ms. Hassan , Mr. Cardin , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a tax credit for investors in start-up businesses, to provide a credit for wages paid by start-up businesses to their first employees, and for other purposes.
1. Short title This Act may be cited as the Providing Real Opportunities for Growth to Rising Entrepreneurs for Sustained Success (PROGRESS) Act . 2. Small business investor tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Small Business Investor Tax Credit (a) General Rule For purposes of section 38, the small business investor credit determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined for the taxable year for all qualified investments of the taxpayer. (b) Credit amount For purposes of this section— (1) In general The term credit amount means, with respect to any qualified investment in a qualifying business entity, the lesser of— (A) 10 percent of the amount of the qualified investment determined under subsection (c)(3) for the taxable year, or (B) an amount equal to— (i) 50 percent of such qualified investment, reduced (but not below zero) by (ii) the amount of the credit determined under this section with respect to such qualified investment of the taxpayer for all preceding taxable years. (2) Overall dollar limitation (A) In general The credit amount determined under paragraph (1) with respect to any qualified investment of a taxpayer in a qualifying business entity for any taxable year shall not exceed the lesser of— (i) $10,000 (as increased for the taxable year by the cost-of-living adjustment under subsection (e)(2)), or (ii) an amount equal to— (I) an amount equal to 5 times the amount under clause (i) for the taxable year, reduced (but not below zero) by (II) the amount of the credit determined under this section with respect to such qualified investment of the taxpayer for all preceding taxable years. (B) No credit amount by reason of cost-of-living adjustment after overall limit first reached No credit amount shall be determined under this section with respect to any qualified investment of a taxpayer in a qualifying business entity for any taxable year after the first taxable year for which the amount determined under subclause (II) of subparagraph (A)(ii) equals or exceeds the amount determined under subclause (I) of such subparagraph. (3) Reduction in credit amount where loan rate exceeds prime rate (A) In general If— (i) the rate of interest (expressed as an annual percentage rate) on a qualified investment which is a qualifying loan, exceeds (ii) the bank prime rate as of the first day of the month in which the loan is entered into (or such other time as the Secretary may specify), then each of the amounts determined under subparagraphs (A) and (B)(i) of paragraph (1) shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as the number of full percentage points by which such rate of interest exceeds such bank prime rate bears to 25. (B) Special rules where qualifying loans treated as part of single investment If 1 or more qualifying loans to which subparagraph (A) applies are treated as part of a single qualified investment under subsection (c)(1), then, for purposes of this subsection— (i) the credit amount under paragraph (1) for such single qualified investment shall be the sum of such credit amounts computed separately for each such qualifying loan and such credit amount computed for all other qualified investments treated as part of such single qualified investment, and (ii) the limitation under paragraph (2) shall be applied to such sum. (C) Rules relating to interest rates (i) Annual percentage rate The Secretary shall prescribe guidance or regulations for the calculation of the annual percentage rate of interest on a loan for purposes of subparagraph (A)(i), including rules which provide for— (I) the calculation of the annual percentage rate in cases where there is a variable rate of interest, (II) the recalculation of the annual percentage rate where the terms of the loan are modified after the loan is entered into, and (III) the proper taking into account of lump sum payments, orientation and application fees, closing fees, invoice discounting fees and any other loan fees. (ii) Bank prime rate For purposes of subparagraph (A)(ii), the term bank prime rate means the average predominant prime rate quoted by commercial banks to large businesses, as determined by the Board of Governors of the Federal Reserve System. (4) Special rules for pass-thru entities For purposes of this subsection, if a qualified investment in a qualifying business entity is made by a partnership, trust, S corporation, or other pass-thru entity, the limitations under this subsection shall apply at the entity level. (c) Qualified investment For purposes of this section— (1) In general The term qualified investment means, with respect to any qualifying business entity, either of the following of the taxpayer: (A) The direct or indirect acquisition of stock, or a capital interest, in the entity at its original issue solely in exchange for cash. (B) A qualifying loan made to the entity. If a taxpayer has or had more than 1 qualified investment in any qualifying business entity for the taxable year or any prior taxable year, all such investments shall be treated as a single qualified investment for purposes of applying this section. (2) Exception for investments made by qualified active investors and related persons Such term shall not include any acquisition or loan made by a taxpayer who, immediately before the acquisition or loan, is a qualified active investor in the qualifying business entity or is related to any qualified active investor. (3) Amount of qualified investment The amount of a taxpayer's qualified investment with respect to any qualifying business entity for any taxable year shall be the monthly average for months ending within the taxable year of— (A) the taxpayer's aggregate unadjusted bases in all stock or interests described in paragraph (1)(A) as of the close of each such month, and (B) the aggregate outstanding principal amount of all qualified loans described in paragraph (1)(B) as of the close of each such month. (4) Special rules for transfers of qualifying loans (A) In general If a taxpayer sells, exchanges, or otherwise transfers all or any portion of a qualifying loan which is a qualified investment in a qualifying business entity, such investment shall be treated as a qualified investment in the hands of the transferee (and not of the transferor) for periods after the transfer. This paragraph shall also apply to any subsequent transfer of such interest. (B) Coordination of limits In applying subsection (b) to any qualifying loan treated as a qualified investment of a transferee under this paragraph— (i) all credits determined under this section for any periods before the transfer with respect to the qualified investment of any prior holder of such investment shall be taken into account under paragraphs (1)(B)(ii) and (2)(A)(ii)(II) of such subsection in the same manner as if such credits were determined for the transferee for prior taxable years, and (ii) if only a portion of the qualified investment was transferred, the amount taken into account under such paragraphs by reason of clause (i) shall be ratably reduced to reflect only the portion so transferred. (d) Qualifying business entity For purposes of this section— (1) Definition (A) In general The term qualifying business entity means, with respect to any qualified investment, any entity which is engaged in 1 or more trades or businesses and with respect to which— (i) the qualified active investor ownership requirements of paragraph (2) are met immediately before and after the qualified investment, (ii) the wage requirements of paragraph (3) are met, and (iii) the certification requirements of paragraph (4) are met. (B) Entities under common control For purposes of this section, all qualifying business entities treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single qualifying business entity. (2) Qualified active investor ownership requirements The requirements of this paragraph are met with respect to any entity if qualified active investors own directly or indirectly— (A) in the case of a corporation, more than 50 percent (by vote and value) of the stock in the corporation, and (B) in the case of any other entity, more than 50 percent of the capital or profits interests in the entity. (3) Wage requirements (A) In general The requirements of this paragraph are met with respect to any entity if the entity, during the taxable year of the entity preceding the taxable year in which the qualified investment is made— (i) employed at least 1 full-time employee, or employees constituting a full-time equivalent employee, in 1 or more trades or businesses of the entity, and (ii) paid W–2 wages to such employee or employees with respect to such employment. (B) Certain wages not taken into account W–2 wages shall not be taken into account under subparagraph (A) if paid by an entity to an employee, and such employee shall not be taken into account under subparagraph (A)(i), during any period the employee is— (i) a qualified active investor, or (ii) an employee other than a qualified active investor who is a 5-percent owner (as defined in section 416(i)(1)(B)(i)) of the entity. (C) W– 2 wages The term W–2 wages means, with respect to any entity, the amounts described in paragraphs (3) and (8) of section 6051(a) paid by the entity with respect to employment of employees by the entity. (D) Full-time employees and equivalents For purposes of this paragraph— (i) the term full-time employee has the meaning given to such term by section 4980H(c)(4), and (ii) the determination of the number of employees constituting a full-time equivalent shall be made in the same manner as under section 4980H(c)(2)(E). (4) Certification requirements (A) In general The requirements of this paragraph are met with respect to any entity if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that, at the time of the qualified investment, the entity— (i) is engaged in 1 or more trades or businesses, and (ii) meets the requirements of paragraphs (2) and (3) to be treated as a qualifying business entity. (B) Certification provided to investors and Secretary An entity shall— (i) provide the certification under subparagraph (A) to the person making the qualified investment at the time such investment is made, and (ii) include such certification, and the names, addresses, and taxpayer identification numbers of the entity's qualified active investors and the persons making the qualified investment, with its return of tax for the taxable year which includes the date of the qualified investment. (C) Certification included with return claiming credit No credit shall be determined under subsection (a) with respect to any taxpayer making a qualified investment in a qualifying business entity unless the taxpayer includes the certification under subparagraph (A) with respect to the investment with its return of tax for any taxable year for which such credit is being claimed. (D) Timely filed return required The requirements of subparagraph (B)(ii) or (C) shall be treated as met only if the return described in such subparagraph is filed on or before its due date (including extensions). (5) Qualified active investor (A) In general The term qualified active investor means, with respect to any entity, an individual who— (i) is a citizen or resident of the United States, (ii) materially participates (within the meaning of section 469(h)) in 1 or more trades or businesses of the entity, (iii) holds stock, or a capital or profits interest, in the entity, and (iv) meets the income requirements of subparagraph (B). (B) Income requirements The requirements of this subparagraph are met with respect to an individual if the average annual adjusted taxable income of the individual for the 3 taxable years of the individual immediately preceding the taxable year in which the qualified investment is made does not exceed the applicable amount. (C) Applicable amount For purposes of this paragraph, the term applicable amount means, with respect to any taxable year in which a qualified investment is made— (i) in the case of an individual not described in clause (ii), $100,000 (as increased for the taxable year by the cost-of-living adjustment under subsection (e)(2)), and (ii) in the case of an individual who is a married individual filing a joint return or who is a head of household (as defined in section 2(b)) for the taxable year, an amount equal to 2 times the amount in effect under clause (i) for the taxable year. (D) Rules for determining average taxable income For purposes of this paragraph— (i) a married individual filing a separate return of tax for any taxable year shall include the adjusted taxable income of their spouse in computing the individual's average adjusted taxable income for any period unless the Secretary determines that the spouse's information is not available to the individual, and (ii) the Secretary shall prescribe rules for the determination of average adjusted taxable income in cases where the individual had different filing statuses for the 3 taxable years described in subparagraph (B). (E) Adjusted taxable income The term adjusted taxable income means taxable income computed without regard to the deductions under sections 172 and 199A. (e) Definitions and special rules For purposes of this section— (1) Related persons A person shall be treated as related to another person if the person bears a relationship to such other person described in section 267(b), except that section 267(b) shall be applied by substituting 5 percent for 50 percent each place it appears. (2) Cost-of-living adjustments In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(2)(A)(i) and the $100,000 amount under subsection (d)(5)(C)(i) shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. If any increase in such $10,000 amount is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100 and if any increase in such $100,000 amount is not a multiple of $1,000, such increase shall be rounded to the next lowest multiple of $1,000. (3) Rules relating to entities (A) Sole proprietorships If a taxpayer carries on 1 or more trades or businesses as sole proprietorships, all such trades or businesses shall be treated as a single entity for purposes of applying this section. (B) Application to disregarded entities In the case of any entity with a single owner which is disregarded as an entity separate from its owner for purposes of this title, this section shall be applied in the same manner as if such entity were a corporation. (f) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the provisions of this section. . (b) Credit To be part of general business credit Section 38(b) of such Code is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the small business investor credit determined under section 45U(a). . (c) Credit allowed against alternative minimum tax Section 38(c)(4)(B) of such Code is amended by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and by inserting after clause (ix) the following new clause: (x) the credit determined under section 45U, . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45U. Small business investor tax credit. . (e) Effective date The amendments made by this section shall apply to qualified investments made in taxable years beginning after December 31, 2021. 3. First Employee Business Wage Credit (a) Allowance of credit (1) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new section: 45V. First Employee Business Wage Credit (a) General Rule For purposes of section 38, in the case of a qualifying business entity, the first employee business wage credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified wages of the entity for the taxable year. (b) Dollar limitations (1) In general The amount of the credit determined under subsection (a) with respect to any qualifying business entity for any taxable year shall not exceed the lesser of— (A) $10,000 (as increased for the taxable year by the cost-of-living adjustment under subsection (f)), or (B) the excess (if any) of— (i) an amount equal to 4 times the amount under subparagraph (A) for the taxable year, over (ii) the amount of the credit determined under this section with respect to such entity for all preceding taxable years. (2) No credit by reason of cost-of-living adjustment after overall limit first reached No credit shall be determined under this section with respect to any qualifying business entity for any taxable year after the first taxable year for which the amount determined under clause (ii) of paragraph (1)(B) equals or exceeds the amount determined under clause (i) of such paragraph. (3) Pass-thru entities If a qualifying business entity is a partnership, trust, S corporation, or other pass-thru entity, the limitations under this subsection shall apply at the entity level. (c) Qualified wages For purposes of this section— (1) In general The term qualified wages means, with respect to any qualifying business entity, the amount of W–2 wages paid or incurred during any eligible taxable year to employees for services performed in connection with a trade or business of the entity. (2) Exception for qualified active investors and 5-percent owner-employees W–2 wages shall not be taken into account under paragraph (1) if paid by an entity to an employee, and such employee shall not be taken into account under paragraph (3)(A), during any period the employee is— (A) a qualified active investor, or (B) an employee other than a qualified active investor who is a 5-percent owner (as defined in section 416(i)(1)(B)(i)) of the entity. (3) Eligible taxable year (A) In general The term eligible taxable year means any taxable year of a qualifying business entity— (i) which occurs during the period— (I) beginning with the first taxable year of the entity in which the entity employed at least 1 full-time employee (or employees constituting a full-time equivalent employee) in 1 or more trades or businesses of the entity during the taxable year and paid W–2 wages to such employee or employees with respect to such employment, and (II) ending with the last taxable year for which a credit may be determined for the entity under this section by reason of the limitation under subsection (b)(2), and (ii) in the case of a taxable year other than the first taxable year described in clause (i)(I), with respect to which the entity meets the employment and wage requirements of such clause. Such term shall not include any taxable year during such a period if the first taxable year described in clause (i)(I) of the entity (or any predecessor) begins before January 1, 2020. (B) W– 2 wages; full-time employees For purposes of this subsection, W–2 wages, full-time employees, and full-time employee equivalents shall be determined in the same manner as under section 45U. (d) Qualifying business entity For purposes of this section— (1) Qualifying business entity defined (A) In general The term qualifying business entity means, with respect to any taxable year for which a credit under this section is being determined, any entity— (i) which is engaged in 1 or more trades or businesses, (ii) with respect to which the qualified active investor ownership requirements of paragraph (2) of section 45U(d) are met as of the close of such taxable year (rather than immediately before and after the qualified investment), and (iii) with respect to which the certification requirements of paragraph (2) are met. (B) Entities under common control For purposes of this section— (i) In general All qualifying business entities treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single qualifying business entity. (ii) Allocation of credit Except as provided in regulations, the credit under this section shall be allocated among the entities comprising the single entity described in clause (i) in proportion to the qualified wages of each such entity taken into account under subsection (a). (2) Certification requirements (A) In general The requirements of this paragraph are met with respect to any entity for any taxable year described in paragraph (1) if the entity certifies, in such form and manner and at such time as the Secretary may prescribe, that the entity meets the requirements described in clauses (i) and (ii) of paragraph (1)(A). (B) Certification provided to Secretary An entity shall include the certification under subparagraph (A), and the names, addresses, and taxpayer identification numbers of the entity's qualified active investors (and employees who are 5-percent owners described in subsection (c)(2)(B)), with its return of tax for the taxable year to which the certification relates. The requirement of this subparagraph is met only if such return is filed before its due date (including extensions). (3) Qualified active investor For purposes of this section (including applying the requirements of paragraph (2) of section 45U(d) for purposes of paragraph (1)(A)(ii)), the term qualified active investor has the same meaning given such term by section 45U(d)(5), except that such section shall be applied separately for each taxable year described in paragraph (1) (rather than the taxable year of the qualified investment). (e) Election To apply credit against payroll taxes (1) In general At the election of a qualifying business entity, section 3111(g) shall apply to the payroll tax credit portion of the credit otherwise determined under subsection (a) for the taxable year and such portion shall not be treated (other than for purposes of section 280C) as a credit determined under subsection (a). (2) Payroll tax credit portion For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) with respect to any qualifying business entity for any taxable year is the least of— (A) the amount specified in the election made under this subsection, (B) the credit determined under subsection (a) for the taxable year (determined before the application of this subsection), or (C) in the case of a qualifying business entity other than a partnership, estate, S corporation or other pass-thru entity, the amount of the business credit carryforward under section 39 carried from the taxable year (determined before the application of this subsection to the taxable year). (3) Election (A) In general Any election under this subsection for any taxable year— (i) shall specify the amount of the credit to which such election applies, (ii) shall be made on or before the due date (including extensions) of the return for the taxable year, and (iii) may be revoked only with the consent of the Secretary. (B) Special rule for pass-thru entities In the case of a partnership, estate, S corporation, or other pass-thru entity, the election made under this subsection shall be made at the entity level. (f) Cost-of-Living adjustments In the case of any taxable year beginning after 2022, the $10,000 amount under subsection (b)(1)(A) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. If any increase in such amount is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. (g) Other rules For purposes of this section— (1) Rules relating to entities Rules similar to the rules of section 45U(e)(3) shall apply. (2) Election not to have credit apply (A) In general A taxpayer may elect not to have this section apply for any taxable year. (B) Other rules Rules similar to the rules of paragraphs (2) and (3) of section 51(j) shall apply for purposes of this paragraph. (3) Certain other rules made applicable Rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. (h) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary to carrying out the provisions of this section, including regulations— (1) preventing the avoidance of the limitations under this section in cases in which there is a successor or new qualified business entity with respect to the same trade or business for which a predecessor qualified business entity already claimed the credit under this section, (2) to minimize compliance and recordkeeping burdens under the provisions of this section, and (3) for recapturing the benefit of credits determined under section 3111(g) in cases where there is a recapture or a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended income tax returns in the cases where there is such an adjustment. . (2) Credit to be part of general business credit Section 38(b) of such Code, as amended by section 2, is amended by striking plus at the end of paragraph (33), by striking the period at the end of paragraph (34) and inserting , plus , and by adding at the end the following new paragraph: (35) the first employee business wage credit determined under section 45V(a). . (3) Credit allowed against alternative minimum tax Section 38(c)(4)(B) of such Code, as amended by section 2, is amended by redesignating clauses (xi), (xii), and (xiii) as clauses (xii), (xiii), and (xiv), respectively, and by inserting after clause (x) the following new clause: (xi) the credit determined under section 45V, . (4) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code, as amended by section 2, is amended by adding at the end the following new item: Sec. 45V. First employee business wage credit. . (b) Payroll tax credit Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Credit for first employee business wage expenses (1) In general In the case of a taxpayer who has made an election under section 45V(e) for a taxable year, there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return for the taxable year an amount equal to the payroll tax credit portion determined under section 45V(e)(2). (2) Limitation The credit allowed by paragraph (1) shall not exceed the tax imposed by subsection (a) for any calendar quarter on the wages paid with respect to the employment of all individuals in the employ of the employer. (3) Carryover of unused credit If the amount of the credit under paragraph (1) exceeds the limitation of paragraph (2) for any calendar quarter, such excess shall be carried to the succeeding calendar quarter and allowed as a credit under paragraph (1) for such quarter. (4) Deduction allowed for credited amounts Notwithstanding section 280C(a), the credit allowed under paragraph (1) shall not be taken into account for purposes of determining the amount of any deduction allowed under chapter 1 for taxes imposed under subsection (a). . (c) Coordination with deductions and other credits (1) Deductions Section 280C(a) of the Internal Revenue Code of 1986 is amended by inserting 45V(a), after 45S(a), . (2) Other credits (A) Section 41(b)(2)(D) of such Code is amended by adding at the end the following: (iv) Exclusion for wages to which first employee wage credit applies The term wages shall not include any amount taken into account in determining the credit under section 45V. . (B) Section 45A(b)(1) of such Code is amended by adding at the end the following: (C) Coordination with first employee wage credit The term qualified wages shall not include wages if any portion of such wages is taken into account in determining the credit under section 45V. . (C) Section 1396(c)(3) of such Code is amended— (i) by striking section 51 each place it appears and inserting section 45V or 51 , and (ii) by inserting and first employee wage after opportunity in the heading thereof. (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1256is/xml/BILLS-117s1256is.xml |
117-s-1257 | II 117th CONGRESS 1st Session S. 1257 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Peters (for himself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a Federal artificial intelligence scholarship-for-service program.
1. Short title This Act may be cited as the AI Scholarship-for-Service Act . 2. Federal Artificial Intelligence Scholarship-for-Service Program (a) Definitions In this section: (1) Artificial intelligence The term artificial intelligence or AI has the meaning given the term artificial intelligence in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 2358 note). (2) Executive agency The term executive agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. (3) Registered internship The term registered internship means a Federal Registered Internship Program coordinated through the Department of Labor. (b) In general The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, the Director of the National Institute of Standards and Technology, and the heads of other agencies with appropriate scientific knowledge, shall establish a Federal artificial intelligence scholarship-for-service program (referred to in this section as the Federal AI Scholarship-for-Service Program ) to recruit and train artificial intelligence professionals to lead and support the application of artificial intelligence to the missions of Federal, State, local, and Tribal governments. (c) Qualified institution of higher education The Director of the National Science Foundation, in coordination with the heads of other agencies with appropriate scientific knowledge, shall establish criteria to designate qualified institutions of higher education that shall be eligible to participate in the Federal AI Scholarship-for-Service program. Such criteria shall include— (1) measures of the institution's demonstrated excellence in the education of students in the field of artificial intelligence; and (2) measures of the institution's ability to attract and retain a diverse and non-traditional student population in the fields of science, technology, engineering, and mathematics, which may include the ability to attract women, minorities, and individuals with disabilities. (d) Program description and components The Federal AI Scholarship-for-Service Program shall— (1) provide scholarships through qualified institutions of higher education to students who are enrolled in programs of study at institutions of higher education leading to degrees or concentrations in or related to the artificial intelligence field; (2) provide the scholarship recipients with summer internship opportunities, registered internships, or other meaningful temporary appointments in the Federal workforce focusing on artificial intelligence (referred to in this section as AI ) projects or research; (3) prioritize the employment placement of scholarship recipients in executive agencies; (4) identify opportunities to promote multi-disciplinary programs of study that integrate basic or advanced AI training with other fields of study, including those that address the social, economic, legal, and ethical implications of human interaction with AI systems; and (5) support capacity-building education research programs that will enable postsecondary educational institutions to expand their ability to train the next-generation AI workforce, including AI researchers and practitioners. (e) Scholarship amounts Each scholarship under subsection (d) shall be in an amount that covers the student’s tuition and fees at the institution for not more than 3 years and provides the student with an additional stipend. (f) Post-Award employment obligations Each scholarship recipient, as a condition of receiving a scholarship under the program, shall enter into an agreement under which the recipient agrees to work for a period equal to the length of the scholarship, following receipt of the student’s degree, in the AI mission of— (1) an executive agency; (2) Congress, including any agency, entity, office, or commission established in the legislative branch; (3) an interstate agency; (4) a State, local, or Tribal government, which may include instruction in AI-related skill sets in a public school system; or (5) a State, local, or Tribal government-affiliated nonprofit that is considered to be critical infrastructure (as defined in section 1016(e) of the USA Patriot Act ( 42 U.S.C. 5195c(e) )). (g) Hiring authority (1) Appointment in excepted service Notwithstanding any provision of chapter 33 of title 5 governing appointments in the competitive service, an executive agency shall appoint in the excepted service an individual who has completed the eligible degree program for which a scholarship was awarded. (2) Noncompetitive conversion Except as provided in paragraph (4), upon fulfillment of the service term, an employee appointed under paragraph (1) may be converted noncompetitively to term, career-conditional or career appointment. (3) Timing of conversion An executive agency may noncompetitively convert a term employee appointed under paragraph (2) to a career-conditional or career appointment before the term appointment expires. (4) Authority to decline conversion An executive agency may decline to make the noncompetitive conversion or appointment under paragraph (2) for cause. (h) Eligibility To be eligible to receive a scholarship under this section, an individual shall— (1) be a citizen or lawful permanent resident of the United States; (2) demonstrate a commitment to a career in advancing the field of AI; (3) be— (A) a full-time student in an eligible degree program at a qualified institution of higher education, as determined by the Director of the National Science Foundation; (B) a student pursuing a degree on a less than full-time basis, but not less than half-time basis; or (C) an AI faculty member on sabbatical to advance knowledge in the field; and (4) accept the terms of a scholarship under this section. (i) Conditions of support (1) In general As a condition of receiving a scholarship under this section, a recipient shall agree to provide the qualified institution of higher education with annual verifiable documentation of post-award employment and up-to-date contact information. (2) Terms A scholarship recipient under this section shall be liable to the United States as provided in subsection (k) if the individual— (A) fails to maintain an acceptable level of academic standing at the applicable institution of higher education, as determined by the Director of the National Science Foundation; (B) is dismissed from the applicable institution of higher education for disciplinary reasons; (C) withdraws from the eligible degree program before completing the program; (D) declares that the individual does not intend to fulfill the post-award employment obligation under this section; or (E) fails to fulfill the post-award employment obligation of the individual under this section. (j) Monitoring compliance As a condition of participating in the program, a qualified institution of higher education shall— (1) enter into an agreement with the Director of the National Science Foundation, to monitor the compliance of scholarship recipients with respect to their post-award employment obligations; and (2) provide to the Director of the National Science Foundation, on an annual basis, the post-award employment documentation required under subsection (i)(1) for scholarship recipients through the completion of their post-award employment obligations. (k) Amount of repayment (1) Less than 1 year of service If a circumstance described in subsection (i)(2) occurs before the completion of 1 year of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section shall— (A) be repaid; or (B) be treated as a loan to be repaid in accordance with subsection (l). (2) 1 or more years of service If a circumstance described in subparagraph (D) or (E) of subsection (i)(2) occurs after the completion of 1 or more years of a post-award employment obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall— (A) be repaid; or (B) be treated as a loan to be repaid in accordance with subsection (l). (l) Repayments A loan described in subsection (k) shall— (1) be treated as a Federal Direct Unsubsidized Stafford Loan under part D of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq.); and (2) be subject to repayment, together with interest thereon accruing from the date of the scholarship award, in accordance with terms and conditions specified by the Director of the National Science Foundation (in consultation with the Secretary of Education). (m) Collection of repayment (1) In general In the event that a scholarship recipient is required to repay the scholarship award under this section, the qualified institution of higher education providing the scholarship shall— (A) determine the repayment amounts and notify the recipient and the Director of the National Science Foundation of the amounts owed; and (B) collect the repayment amounts within a period of time as determined by the Director of the National Science Foundation, or the repayment amounts shall be treated as a loan in accordance with subsection (l). (2) Returned to Treasury Except as provided in paragraph (3), any repayment under this subsection shall be returned to the Treasury of the United States. (3) Retain percentage A qualified institution of higher education may retain a percentage of any repayment the institution collects under this subsection to defray administrative costs associated with the collection. The Director of the National Science Foundation shall establish a fixed percentage that will apply to all eligible entities, and may update this percentage as needed, in the determination of the Director of the National Science Foundation. (n) Exceptions The Director of the National Science Foundation may provide for the partial or total waiver or suspension of any service or payment obligation by an individual under this section whenever compliance by the individual with the obligation is impossible or would involve extreme hardship to the individual, or if enforcement of such obligation with respect to the individual would be unconscionable. (o) Public information (1) Evaluation The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall annually evaluate and make public, in a manner that protects the personally identifiable information of scholarship recipients, information on the success of recruiting individuals for scholarships under this section and on hiring and retaining those individuals in the public sector AI workforce, including information on— (A) placement rates; (B) where students are placed, including job titles and descriptions; (C) salary ranges for students not released from obligations under this section; (D) how long after graduation students are placed; (E) how long students stay in the positions they enter upon graduation; (F) how many students are released from obligations; and (G) what, if any, remedial training is required. (2) Reports The Director of the National Science Foundation, in coordination with the Office of Personnel Management, shall submit, not less frequently than once every 3 years, to the Homeland Security and Governmental Affairs Committee of the Senate, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Oversight and Reform of the House of Representatives a report, including the results of the evaluation under paragraph (1) and any recent statistics regarding the size, composition, and educational requirements of the Federal AI workforce. (3) Resources The Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall provide consolidated and user-friendly online resources for prospective scholarship recipients, including, to the extent practicable— (A) searchable, up-to-date, and accurate information about participating institutions of higher education and job opportunities related to the AI field; and (B) a modernized description of AI careers. (p) Refresh Not less than once every 2 years, the Director of the National Science Foundation, in coordination with the Director of the Office of Personnel Management, shall review and update the Federal AI Scholarship-for-Service Program to reflect advances in technology. | https://www.govinfo.gov/content/pkg/BILLS-117s1257is/xml/BILLS-117s1257is.xml |
117-s-1258 | II 117th CONGRESS 1st Session S. 1258 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Manchin (for himself and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authorization of each of the National Coal Heritage Area and the Wheeling National Heritage Area in the State of West Virginia, and for other purposes.
1. Extension of National Heritage Area authorizations (a) National Coal Heritage Area Section 107 of Division II of the Omnibus Parks and Public Lands Management Act of 1996 ( Public Law 104–333 ; 110 Stat. 4244; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036 . (b) Wheeling National Heritage Area Section 157(i) of the Department of the Interior and Related Agencies Appropriations Act, 2001 ( Public Law 106–291 ; 114 Stat. 967; 128 Stat. 3802), is amended by striking 2021 and inserting 2036 . (c) Extension of deadline To complete certain management plans Section 6001(c)(1) of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 54 U.S.C. 320101 note; Public Law 116–9 ; 133 Stat. 772) is amended by striking 3 and inserting 4 . | https://www.govinfo.gov/content/pkg/BILLS-117s1258is/xml/BILLS-117s1258is.xml |
117-s-1259 | II 117th CONGRESS 1st Session S. 1259 IN THE SENATE OF THE UNITED STATES April 20, 2021 Ms. Duckworth (for herself, Mr. Portman , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide that crib bumpers shall be considered banned hazardous products under section 8 of the Consumer Product Safety Act, and for other purposes.
1. Short title This Act may be cited as the Safe Cribs Act . 2. Banning of crib bumpers (a) In general Not later than 180 days after the date of enactment of this Act, crib bumpers, regardless of the date of manufacture, shall be considered a banned hazardous product under section 8 of the Consumer Product Safety Act ( 15 U.S.C. 2057 ). (b) Crib bumper defined In this section, the term crib bumper — (1) means any material that is intended to cover the sides of a crib to prevent injury to any crib occupant from impacts against the side of a crib or to prevent partial or complete access to any openings in the sides of a crib to prevent a crib occupant from getting any part of the body entrapped in any opening; (2) includes a padded crib bumper, a supported and unsupported vinyl bumper guard, and vertical crib slat covers; and (3) does not include a non-padded mesh crib liner. | https://www.govinfo.gov/content/pkg/BILLS-117s1259is/xml/BILLS-117s1259is.xml |
117-s-1260 | II 117th CONGRESS 1st Session S. 1260 IN THE SENATE OF THE UNITED STATES April 20, 2021 Mr. Schumer (for himself, Mr. Young , Ms. Hassan , Ms. Collins , Mr. Coons , Mr. Portman , Ms. Baldwin , Mr. Graham , Mr. Peters , Mr. Blunt , Mr. Daines , Mr. Van Hollen , Mr. Romney , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a new Directorate for Technology and Innovation in the National Science Foundation, to establish a regional technology hub program, to require a strategy and report on economic security, science, research, innovation, manufacturing, and job creation, to establish a critical supply chain resiliency program, and for other purposes.
1. Short title This Act may be cited as the Endless Frontier Act . 2. Findings Congress finds the following: (1) For over 70 years, the United States has been the unequivocal global leader in scientific and technological innovation, and as a result the people of the United States have benefitted through good-paying jobs, economic prosperity, and a higher quality of life. (A) Today, however, this leadership position is being eroded and challenged by foreign competitors, some of which are stealing intellectual property and trade secrets of the United States and aggressively investing in research and commercialization to dominate the key existing and future technology fields. (B) While the United States once led the world in the share of our economy invested in research, our Nation now ranks 9th globally in total research and development and 12th in publicly financed research and development. (C) While wages for American workers rose in parallel with growth in national productivity from the end of World War II through most of the 1970s, since then wage growth has been uneven and labor’s share in national income has declined. (2) Without a significant increase in investment in research, education, technology transfer, intellectual property, manufacturing, and other core strengths of the United States innovation ecosystem, it is only a matter of time before the global competitors of the United States overtake the United States in terms of technological primacy. The country that wins the race in key technologies—such as artificial intelligence, quantum computing, advanced communications, and advanced manufacturing—and uses technological innovation to support high-quality jobs and incomes will be the superpower of the future. (3) The Federal Government must catalyze United States innovation by boosting research investments focused on discovering, creating, commercializing, and demonstrating new technologies and manufacturing those technologies domestically throughout the country to ensure the leadership of the United States in the industries of the future. (4) The distribution of innovation jobs and investment in the United States has become largely concentrated in just a few locations, while much of the Nation has been left out of growth in the innovation sector. More than 90 percent of the Nation’s innovation sector employment growth in the last 15 years was generated in just 5 major metropolitan areas. The Federal Government must address this imbalance in opportunity by— (A) dramatically increasing funding for science and engineering research and expanding partnerships with the private sector to build new technology hubs across the country; (B) spreading high-quality innovation sector jobs more broadly; (C) increasing the participation of underrepresented populations, engaging workers, and collaborating with labor organizations in innovation efforts to tap the talent and potential of the entire Nation to ensure the United States leads the industries of the future; and (D) building regional capacity in such critical areas as entrepreneurship, access to capital and other investment, and supply chain development. (5) As President Franklin D. Roosevelt stated, [N]ew frontiers of the mind are before us, and if they are pioneered with the same vision, boldness, and drive with which we have waged this war we can create a fuller and more fruitful employment and a fuller and more fruitful life. (6) As Vannevar Bush stated in his 1945 report entitled Science, The Endless Frontier, New products, new industries, and more jobs require continuous additions to knowledge of the laws of nature, and the application of that knowledge to practical purposes. Similarly, our defense against aggression demands new knowledge so that we can develop new and improved weapons. This essential, new knowledge can be obtained only through basic scientific research. (7) Since their inception, the National Science Foundation and other key Federal agencies, like the Department of Energy, have carried out vital work supporting basic and applied research to create knowledge that is a key driver of the economy of the United States and enhances the Nation’s security. 3. Improving technology and innovation research at the National Science Foundation (a) Providing authority To disseminate information Section 11 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1870 ) is amended— (1) in subsection (j), by striking and after the semicolon; (2) in subsection (k), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (l) provide for the widest practicable and appropriate dissemination of information within the United States concerning the Foundation’s activities and the results thereof. . (b) Establishment of directorate for technology and innovation The National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq.) is amended— (1) in section 8 ( 42 U.S.C. 1866 ), by inserting at the end the following: Such divisions shall include the Directorate for Technology and Innovation established under section 8A. ; and (2) by inserting after section 8 the following: 8A. Improving research and establishing Directorate for Technology and Innovation (a) Definitions In this section: (1) Community college The term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ). (2) Designated country The term designated country means a country that has been approved and designated in writing by the President for purposes of this section, after providing— (A) not less than 30 days of advance notification and explanation to the relevant congressional committees before the designation; and (B) in-person briefings to such committees, if requested during the 30-day advance notification period described in subparagraph (A). (3) Directorate The term Directorate means the Directorate for Technology and Innovation established under subsection (b). (4) Emerging research institution The term emerging research institution means an institution of higher education with an established undergraduate student program that has, on average for the 3 years prior to an application for an award under this section, received less than $35,000,000 in Federal research funding. (5) Federal research facility The term Federal research facility includes a research laboratory of the Department of Agriculture and any other federally funded research and development center. (6) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (8) Key technology focus areas The term key technology focus areas means the areas included on the most recent list under subsection (d)(2). (9) Labor organization The term labor organization has the meaning given the term in section 2(5) of the National Labor Relations Act ( 29 U.S.C. 152(5) ), except that such term shall also include— (A) any organization composed of labor organizations, such as a labor union federation or a State or municipal labor body; and (B) any organization which would be included in the definition for such term under such section 2(5) but for the fact that the organization represents— (i) individuals employed by the United States, any wholly owned Government corporation, any Federal Reserve Bank, or any State or political subdivision thereof; (ii) individuals employed by persons subject to the Railway Labor Act ( 45 U.S.C. 151 et seq.); or (iii) individuals employed as agricultural laborers. (10) Minority-serving institution The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (11) National laboratory The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ). (12) Relevant congressional committees The term relevant congressional committees means— (A) the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Appropriations, the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (13) STEM The term STEM has the meaning given such term in section 2 of the America COMPETES Reauthorization Act of 2010 ( Public Law 111–358 ; 42 U.S.C. 6621 note). (14) Tribal college or university The term Tribal college or university has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (15) Underrepresented populations The term underrepresented populations means women, minorities, veterans, tribal populations, persons with disabilities, and other populations that are underrepresented in STEM. (b) Establishment of Directorate for Technology and Innovation (1) In general Not later than 90 days after the date of enactment of the Endless Frontier Act , the Director shall establish in the Foundation a Directorate for Technology and Innovation. The Directorate shall carry out the duties and responsibilities described in this section, in order to further the following goals: (A) Strengthening the leadership of the United States in critical technologies, as described as a critical national need in section 7018 of the America COMPETES Act ( 42 U.S.C. 1862o–5 ), through basic research in the key technology focus areas and the commercialization of those technologies to businesses in the United States. (B) Addressing and mitigating technology challenges integral to the geostrategic position of the United States through the activities authorized by this section. (C) Enhancing the competitiveness of the United States in the key technology focus areas by improving education in the key technology focus areas and attracting more students to such areas at all levels of education. (D) Consistent with the mission and operations of the Foundation, fostering the economic and societal impact of federally funded research and development through an accelerated translation of basic advances in the key technology focus areas into processes and products, known as technology transfer, that can help achieve national goals related to economic competitiveness, domestic manufacturing, national security, shared prosperity, energy and the environment, health, education and workforce development, and transportation. (E) Utilizing the full potential of the United States workforce by encouraging broader participation in key technology focus areas by underrepresented populations. (F) Ensuring the programmatic work of the Directorate and Foundation incorporates a workforce perspective from labor organizations and workforce training organizations. (2) Organization and administrative matters (A) Program managers The employees of the Directorate may include program managers for the key technology focus areas, who may perform a role similar to program managers employed by the Defense Advanced Research Projects Agency for the oversight and selection of programs supported by the Directorate. (B) Selection of recipients Recipients of support under the programs and activities of the Directorate shall be selected by program managers or other employees of the Directorate and the selection criteria for financial assistance awards shall include intellectual merit and broader impacts, including economic impacts on the advanced technology production system of the United States. The Directorate may use a peer review process or the authorities provided under subsection (c), or some combination of such process and authorities, to inform the selection of award recipients. (C) Report Not later than 1 year after the date of enactment of the Endless Frontier Act , the Director shall prepare and submit a report to the relevant congressional committees regarding the use of alternative methods for the selection of recipients and the distribution of funding to recipients as compared to the traditional peer review process. (D) Assistant directors The Director shall appoint an Assistant Director for the Directorate, in the same manner as other Assistant Directors of the Foundation are appointed. (3) Report Not later than 120 days after the date of enactment of the Endless Frontier Act , the Director shall prepare and submit a report to the relevant congressional committees regarding the establishment of the Directorate. (c) Personnel management authorities for the Foundation In addition to the authorities and requirements of section 15, the Director shall have the following authorities: (1) Experts in science and engineering The Director shall have the authority to carry out a program of personnel management authority in the same manner, and subject to the same requirements, as the program of personnel management authority authorized for the Director of the Defense Advanced Research Projects Agency under section 1599h of title 10, United States Code, for the Defense Advanced Research Projects Agency. (2) Highly qualified experts in needed occupations In addition to the authority provided under paragraph (1), the Director shall have the authority to carry out a program of personnel management authority in the same manner, and subject to the same requirements, as the program to attract highly qualified experts carried out by the Secretary of Defense under section 9903 of title 5, United States Code. Individuals hired by the Director through such authority shall include individuals with expertise in business creativity, innovation management, design thinking, entrepreneurship, venture capital, and related fields. (3) Additional hiring authority To the extent needed to carry out the duties in paragraph (1), the Director is authorized to utilize hiring authorities under section 3372 of title 5, United States Code, to staff the Directorate with employees from other Federal agencies, State and local governments, Indian Tribes and Tribal organizations, institutions of higher education, and other organizations, as described in that section, in the same manner and subject to the same conditions, that apply to such individuals utilized to accomplish other missions of the Foundation. (d) Duties and functions of the Directorate (1) Development of technology focus of the directorate The Director shall— (A) through the Directorate, advance innovation in the key technology focus areas through basic and translational research and other activities described in this section; (B) develop and implement strategies to ensure that the activities of the Directorate are directed toward the key technology focus areas in order to accomplish the goals described in subsection (b)(1) consistent with the most recent report conducted under section 5(b) of the Endless Frontier Act ; and (C) develop and focus on innovation methods, processes, and promising practices that can affect the speed and effectiveness of innovation processes at scale. (2) Key technology focus areas (A) Initial list The initial key technology focus areas are— (i) artificial intelligence, machine learning, and other software advances; (ii) high performance computing, semiconductors, and advanced computer hardware; (iii) quantum computing and information systems; (iv) robotics, automation, and advanced manufacturing; (v) natural and anthropogenic disaster prevention or mitigation; (vi) advanced communications technology; (vii) biotechnology, medical technology, genomics, and synthetic biology; (viii) cybersecurity, data storage, and data management technologies; (ix) advanced energy, batteries, and industrial efficiency; and (x) advanced materials science, engineering, and exploration relevant to the other key technology focus areas described in this subparagraph. (B) Review of key technology focus areas and subsequent lists (i) Adding or deleting key technology focus areas Beginning on the date that is 3 years after the date of enactment of the Endless Frontier Act , and every 3 years thereafter, the Director, in coordination with the Director of the Office of Science and Technology Policy, the Director of National Institute of Standards and Technology, the Secretary of Energy, the Secretary of Defense, the Director of the National Institutes of Health, and, as appropriate, the heads of other departments and agencies— (I) shall review the list of key technology focus areas; (II) may consider the challenges and recommendations identified in the report required by section 11 of the Endless Frontier Act ; and (III) as part of that review, may add or delete key technology focus areas if societal challenges or the competitive threats to the United States have shifted (whether because the United States or other nations have advanced or fallen behind in a technological area), subject to clause (ii). (ii) Limit on key technology focus areas Not more than 10 key technology focus areas shall be included on the list of key technology focus areas at any time. (iii) Updating focus areas and distribution Prior to completion of each review under this subparagraph, the Director shall make the list of key technology focus areas readily available to the public and available for public comment, including, at a minimum, by publishing the list in the Federal Register even if no changes are expected to be made to the prior list. (iv) Extraordinary circumstance waiver In extraordinary circumstances, the Director of the Office of Science and Technology Policy may grant the Director the ability to add or delete key technology focus areas without acting in coordination as described in clause (i). If such an ability is determined to be necessary by the Director of the Office of Science and Technology Policy, the Director and the Director of the Office of Science and Technology Policy shall not later than 15 days ahead of such a waiver being granted submit a detailed description and justification to the relevant congressional committees. (3) Activities (A) In general In carrying out the duties and functions of the Directorate, the Director— (i) may make awards in a technologically neutral manner for key technology focus areas to— (I) individual institutions of higher education for work at centers or by individual researchers or teams of researchers; (II) not-for-profit entities; and (III) consortia that— (aa) shall include and be led by an institution of higher education, or by a not-for-profit entity designed to support technology development, and may include 1 or more additional institutions of higher education; (bb) shall include at least one of the following: (AA) a historically Black college or university; (BB) a Tribal College or University; (CC) another minority-serving institution; (DD) an institution that participates in the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 ( 42 U.S.C. 1862g ); (EE) an emerging research institution that is not classified as a very high research activity by the Carnegie Classification of Institutions of Higher Education and that has an undergraduate enrollment with a majority of students who are from underrepresented populations; or (FF) a community college; and (cc) may include 1 or more— (AA) entities described in subclause (I) or (II) and industries, including startups, small businesses, and public-private partnerships; (BB) economic development organizations or venture development organizations, as such term is defined in section 28(a) of the Stevenson-Wydler Technology Innovation Act of 1980; (CC) National Laboratories; (DD) Federal laboratories, as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ); (EE) Federal research facilities; (FF) labor organizations; (GG) entities described in subclause (I) or (II) from allied or partner countries; (HH) other entities if determined by the Director to be vital to the success of the program; and (II) binational research and development foundations and funds, excluding foreign entities of concern; (ii) may partner with other directorates of the Foundation for projects or research, including— (I) to pursue basic questions about natural, human, and physical phenomena that could enable advances in the key technology focus areas; (II) to study questions that could affect the design (including human interfaces), operation, deployment, or the social and ethical consequences of technologies in the key technology focus areas, including the development of technologies that complement or enhance the abilities of workers and impact of specific innovations on domestic jobs and equitable opportunity; and (III) to further the creation of a domestic workforce capable of advancing, using, and adapting to key technology focus areas and understanding and improving the impact of key technology focus areas on STEM teaching and learning advancing the key technology focus areas, including engaging relevant partners in research and innovation programs; (iii) may provide funds to any other Federal agencies for intramural or extramural work in the key technology focus areas through research, manufacturing, or other means; (iv) may make awards under the SBIR and STTR programs (as defined in section 9(e) of the Small Business Act ( 15 U.S.C. 638(e) )); and (v) may enter into and perform such contracts, other transactions, or other arrangements, or modifications thereof, as may be necessary in the conduct of the work of the Directorate and on such terms as the Director considers appropriate, in furtherance of the purposes of this Act. (B) Reports Not later than 180 days after the date of enactment of the Endless Frontier Act , the Director, in coordination with the Secretary of State and the Director of the Office of Science and Technology Policy, shall prepare and submit to the relevant congressional committees— (i) a plan to seek out additional investments from— (I) certain designated countries; and (II) entities other than institutions of higher education; and (ii) the planned activities of the Directorate to secure federally funded science and technology pursuant to section 1746 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ) and section 223 of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (C) Annual briefing Each year, the Director shall formally request a briefing from the Secretary of Defense, the Secretary of Commerce, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and as appropriate other department or agency heads regarding their efforts to preserve the United States advantages generated by the activity of the Directorate. (4) Interagency cooperation (A) In general In carrying out this section, the Director and other Federal research agencies, in consultation with the United States Patent and Trademark Office where appropriate, shall work cooperatively with each other to further the goals of this section in the key technology focus areas. (B) Coordination with NIST and Department of Energy In making research awards under this section, the Director shall, as appropriate, work in coordination with the Director of the National Institute of Standards and Technology and the Secretary of Energy. (C) Comptroller General report Each year, the Comptroller General of the United States shall prepare and submit a report to Congress, and shall simultaneously submit the report to the Director and the Director of the Office of Science and Technology Policy, describing the interagency cooperation that occurred during the preceding year pursuant to this paragraph, including a list of— (i) any funds provided under paragraph (3)(A)(ii) to other divisions of the Foundation; and (ii) any funds provided under paragraph (3)(A)(iii) to other Federal research agencies. (5) Providing scholarships, fellowships, and other student support (A) In general The Director, acting through the Directorate, shall fund undergraduate scholarships (including at community colleges), graduate fellowships and traineeships, and postdoctoral awards in the key technology focus areas. (B) Implementation The Director may carry out subparagraph (A) by providing funds— (i) for making awards— (I) directly to students; and (II) to institutions of higher education or consortia of institutions of higher education, including those institutions or consortia involved in operating university technology centers established under paragraph (6); and (ii) to programs in Federal research agencies that have experience awarding such scholarships, fellowships, traineeships, or postdoctoral awards. (C) Broadening participation In carrying out this paragraph, the Director should work to increase the participation of underrepresented populations in fields related to the key technology focus areas. For that purpose, the Director may take such steps as establishing or augmenting programs targeted at underrepresented populations, and supporting traineeships or other relevant programs at institutions of higher education with high enrollments of underrepresented populations. (D) Innovation In carrying out this paragraph, the Director shall encourage innovation in graduate education, including through encouraging institutions of higher education to offer graduate students opportunities to gain experience in industry or government as part of their graduate training, and through support for students in professional masters programs related to the key technology focus areas. (E) Supplement, not supplant The Director shall ensure that funds made available under this paragraph shall be used to create additional support for postsecondary students and shall not displace funding for any other available support. (6) University technology centers (A) In general From amounts made available to the Directorate, the Director shall, through a competitive application and selection process, make awards to institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to establish university technology centers. (B) Uses of funds (i) In general A center established under an award under subparagraph (A)— (I) shall use support provided under such subparagraph— (aa) to carry out basic and translational research to advance innovation in the key technology focus areas; and (bb) to further the development and commercialization of innovations, including inventions, in the key technology focus areas, including— (AA) innovations derived from research carried out under item (aa), through such activities as translational research, proof-of-concept development, and prototyping, in order to reduce the cost, time, and risk of commercializing new technologies; (BB) to promote patenting and commercialization of inventions derived from research carried out under item (aa); and (CC) through the use of public-private partnerships; and (II) may use support provided under such subparagraph— (aa) for the costs of equipment; (bb) for the costs associated with technology transfer and commercialization, including patenting and licensing; or (cc) for other activities or costs necessary to accomplish the purposes of this section, including for operations and staff. (ii) Support of regional technology hubs Each center established under subparagraph (A) may support and participate in, as appropriate, the activities of any regional technology hub designated under section 28(b)(1)(A) of the Stevenson-Wydler Technology Innovation Act of 1980. (C) Selection process In selecting recipients under this paragraph, the Director shall consider— (i) the capacity of the applicant to pursue and advance basic and translational research; (ii) the extent to which the applicant’s proposed research would be likely to advance American competitiveness in 1 or more key technology focus areas; (iii) the extent to which the applicant's proposal would broaden participation by underrepresented populations in those areas; (iv) the capacity of the applicant to engage industry, labor, and other appropriate organizations on any advances; (v) whether the applicant’s proposed research will, where applicable, contribute to growth in domestic manufacturing capacity and job creation; (vi) the quality of plans for dissemination of research and technology results, in accordance with relevant export control laws; (vii) how the applicant will, where applicable, encourage the training and participation of entrepreneurs and the translation of research results to practice, including the development of new businesses; (viii) how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses, where applicable; (ix) regional and geographic diversity; (x) in the case of a consortium, the extent to which the proposal includes institutions listed in paragraph (3)(A)(i)(III)(bb); and (xi) the amount of funds from industry organizations described in subparagraph (D)(ii) the applicant would use towards establishing the center under subparagraph (A). (D) Requirements The Director shall ensure that any institution of higher education or consortium receiving an award under subparagraph (A) has— (i) the capacity or the ability to acquire the capacity to advance the goals described in subsection (b)(1); and (ii) secured contributions for establishing the center under subparagraph (A) from industry organizations in an amount not less than 10 percent of the total amount of the award the institution or consortium would receive under subparagraph (A). (7) Moving technology from laboratory to market (A) Program authorized (i) In general The Director, in coordination with the Director of the National Institute of Standards and Technology, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of higher education or consortia described in paragraph (3)(A)(i)(III)— (I) to build capacity at an institution of higher education or within the consortium and facilitate collaboration with firms in the key technology focus areas to increase the likelihood that new technologies in the key technology focus areas will succeed in the commercial market; and (II) with the goal of promoting experiments with a range of models that institutions of higher education or consortia could use to— (aa) enable new technologies and inventions to mature to the point where the technologies are more likely to succeed in the commercial market and promote the creation of high-quality jobs in the United States; and (bb) reduce the risks to commercial success for new technologies and inventions earlier in their development. (ii) Use for training An award under this subparagraph for a purpose described in subclause (I) or (II) of clause (i) may also enable the institution of higher education or consortium to provide training and support to scientists, engineers, and inventors who are interested in research, technology transfer, and commercialization, including patenting and licensing, if the use is included in the proposal submitted under subparagraph (B). (B) Proposals An institution of higher education or consortium desiring an award under this paragraph shall submit a proposal to the Director at such time, in such manner, and containing such information as the Director may require. The proposal shall include a description of— (i) the broader impact of the proposal; (ii) the steps the applicant is studying or will take to enable technology transfer to reduce the risks for commercialization for new technologies, including how the applicant will collaborate with firms in the key technology focus areas; (iii) why such steps are likely to be effective; (iv) how such steps differ from previous efforts to reduce the risks for commercialization for new technologies; (v) whether the commercial viability of any new technologies will promote the creation of high-quality jobs in the United States; (vi) how the applicant will, where applicable, encourage the participation of inventors and entrepreneurs and the development of new businesses; and (vii) how the applicant will, where applicable, encourage the training and participation of entrepreneurs and the translation of research results to practice, including the development of new businesses. (C) Use of funds A recipient of an award under this paragraph shall use award funds to reduce the risks for commercialization for new technologies, which may include— (i) creating and funding competitions to allow entrepreneurial ideas from institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to illustrate their commercialization potential; (ii) facilitating relationships among local and national business leaders, including investors, and potential entrepreneurs to encourage successful commercialization; (iii) creating or supporting entities that could enable researchers to further develop new technology, through patient capital investment, advice, staff support, or other means; (iv) providing facilities for start-up companies where technology maturation could occur; (v) covering legal and other fees associated with technology transfer and commercialization, including patenting and licensing; and (vi) revising institution policies, including policies related to intellectual property and faculty entrepreneurship, to accomplish the goals of this paragraph. (D) Reporting on commercialization based on metrics The Director shall establish— (i) metrics related to commercialization for an award under this paragraph; and (ii) a reporting schedule for recipients of such awards that takes into account both short- and long-term goals of the program under this paragraph. (8) Test beds (A) Program authorized (i) In general The Director, in coordination with the Director of the National Institute of Standards and Technology, shall establish a program in the Directorate to make awards, on a competitive basis, to institutions of higher education or consortia described in paragraph (3)(A)(i)(III) to establish and operate test beds and fabrication facilities to advance the operation, integration, deployment, and, as appropriate, manufacturing of new, innovative technologies in the key technology focus areas, which may include hardware or software. The goal of such test beds and facilities shall be to accelerate the movement of innovative technologies into the commercial market through the private sector. (ii) Coordination In establishing the program under clause (i), the Director shall ensure coordination in establishing new test beds under this paragraph with other test beds supported by the Foundation or established under Manufacturing USA to avoid duplication and maximize the use of Federal resources. (B) Proposals A proposal submitted under this paragraph shall, at a minimum, describe— (i) (I) the technology or technologies that will be the focus of the test bed or fabrication facility; (II) the goals of the work to be done at the test bed or facility; and (III) the expected schedule for completing that work; (ii) how the applicant will assemble a workforce with the skills needed to operate the test bed or facility; (iii) how the applicant will ensure broad access to the facility; (iv) how the applicant will collaborate with firms in the key technology focus areas, including through coordinated research and development and funding, to ensure that work in the test bed or facility will contribute to the commercial viability of any technologies and will include collaboration from industry and labor organizations; (v) how the applicant will encourage the participation of inventors and entrepreneurs and the development of new businesses; (vi) how the applicant will increase participation by underrepresented populations; (vii) how the applicant will demonstrate that the commercial viability of any new technologies will support the creation of high-quality domestic jobs; (viii) how the test bed or facility will operate after Federal funding has ended; and (ix) how the test bed will disseminate lessons and other technical information to United States firms or allied or partner country firms in the United States. (C) Awards Awards made under this paragraph shall be for 7 years, with the possibility of 5-year extensions. (D) Authorized use of funds An awardee under this paragraph may, in order to achieve the purposes described in subparagraph (A)(i), use the award for the purchase of equipment, the support of graduate students and postdoctoral researchers, and the salaries of staff. (E) Results An awardee under this paragraph may publish and share with the public the results of the work conducted under this paragraph. (F) Interagency semi-annual meetings The Director, the Director of the National Institute of Standards and Technology, and the heads of other departments and agencies, or their designees, with test bed related equities shall hold an annual meeting to coordinate their respective test bed related investments, future years plan, and other appropriate matters, to avoid conflicts and duplication of efforts. Upon request by Congress, Congress shall be briefed on the results of the meetings. (9) Inapplicability Section 5(e)(1) shall not apply to grants, contracts, awards, or other arrangements made under this section. (e) Areas of funding support Subject to the availability of funds to carry out this section, the Director shall endeavor, for each fiscal year, to use— (1) not less than 35 percent of funds provided to the Directorate for such year to carry out subsection (d)(6); (2) not less than 15 percent of such funds to carry out the purpose of subsection (d)(5)— (A) with the goal of awarding, across the key technology focus areas— (i) not fewer than 1,000 postdoctoral awards; (ii) not fewer than 2,000 graduate fellowships and traineeships; and (iii) not fewer than 1,000 undergraduate scholarships, including scholarships to attend community colleges; (B) of which not less than 10 percent of the funds designated under this paragraph shall be used to support additional awards to focus on community college training, education, and teaching programs that increase the participation of underrepresented populations in science, technology, engineering, and mathematics, including technical programs through programs such as the Advanced Technological Education program; (C) of which not less than 20 percent of the funds designated under this paragraph shall be used to support awards for post-doctorate fellowships, graduate fellowships and traineeships, and undergraduate scholarships through institutions of higher education, and other institutions, located in jurisdictions that participate in the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 ( 42 U.S.C. 1862g ); and (D) if funds remain after carrying out subparagraphs (A), (B), and (C), awards to institutions of higher education to enable the institutions to fund the development and establishment of new or specialized courses of education for graduate, undergraduate, or technical college students; (3) not less than 5 percent of such funds to carry out subsection (d)(7); (4) not less than 10 percent of such funds to carry out subsection (d)(8); (5) not less than 15 percent of such funds to carry out research and related activities pursuant to subclauses (I) and (II) of subsection (d)(3)(A)(ii); and (6) not less than 20 percent of such funds to support research in the key technology focus areas through the Established Program to Stimulate Competitive Research under section 113 of the National Science Foundation Authorization Act of 1988 ( 42 U.S.C. 1862g ). (f) Technical assistance for award recipients and applicants The Director may— (1) coordinate with other Federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for, awards under this section; (2) by Federal interagency agreement and notwithstanding any other provision of law, transfer funds available to carry out this section to the head of another Federal agency to facilitate and support the provision of such technical assistance; and (3) enter into contracts with third parties to provide such technical assistance. (g) Authorization of appropriations and limitations (1) Authorization for the Office of Inspector General From any amounts appropriated for the Foundation for a fiscal year, there is authorized to be appropriated for necessary expenses of the Office of Inspector General of the Foundation an amount of not less than $10,000,000 in any fiscal year appropriation for the Foundation, for oversight of the programs and activities established under this section in accordance with the Inspector General Act of 1978. (2) Supplement and not supplant The amounts authorized to be appropriated to carry out this section shall supplement, and not supplant, any other amounts already appropriated to the Foundation or Office of Inspector General of the Foundation, except with respect to transfers described in paragraph (3). (3) Transfer of funds authority For fiscal years 2022 through 2024, the Director shall transfer any funds appropriated to the Directorate to any other directorate or office of the Foundation for activities directly related to the key technology focus areas. (4) No new awards The Director shall not make any new awards for the activities described in this section for any fiscal year in which the total amount appropriated to the Foundation (not including amounts appropriated for the Directorate) is less than the total amount appropriated to the Foundation (not including such amounts), adjusted by the rate of inflation, for the previous fiscal year. (5) No funds for construction No funds provided under this section shall be used for construction. (h) Rules of construction Nothing in this section or any other amendments made to this Act by the Endless Frontier Act shall be construed to alter the mission of any directorate of the Foundation existing prior to the date of enactment of such Act, or to alter the award selection methods or criteria used by such directorates. . (c) Chief diversity officer The National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq.), as amended by subsection (b), is further amended by inserting after section 8A the following: 8B. Chief Diversity Officer (a) Chief diversity officer (1) Appointment The Director shall appoint a Chief Diversity Officer of the National Science Foundation. (2) Qualifications The Chief Diversity Officer should have significant experience with diversity and inclusion, in particular within the Federal Government and science community. (3) Oversight The Chief Diversity Officer shall report directly to the Director in the performance of the duties of the Chief Diversity Officer under this section. (b) Duties The Chief Diversity Officer is responsible for providing advice on policy, oversight, guidance, and coordination with respect to matters of the National Science Foundation related to diversity and inclusion. Other duties may include— (1) establishing and maintaining a strategic plan that publicly states a diversity definition, vision, and goals for the National Science Foundation; (2) defining a set of strategic metrics that are— (A) directly linked to key organizational priorities and goals; (B) actionable; and (C) actively used to implement the strategic plan under paragraph (1); (3) advising in the establishment of a strategic plan for diverse participation by institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges or universities, and other minority-serving institutions (as such terms are defined in section 8A(a)), and individuals; (4) advising in the establishment of a strategic plan for outreach to, and recruiting from, untapped locations and underrepresented populations; and (5) performing such additional duties and exercise such powers as the Director may prescribe. . (d) Annual report on unfunded priorities (1) Annual report Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the National Science Board shall submit to the President and to Congress a report on the unfunded priorities of the National Science Foundation. (2) Elements Each report submitted under paragraph (1) shall provide— (A) for each directorate of the National Science Foundation for the most recent, fully completed fiscal year— (i) the proposal success rate; (ii) the percentage and total funding of proposals that were not funded and that met the criteria for funding; and (iii) the most promising research areas covered by proposals described in clause (ii); and (B) a list, in order of priority, of the next activities approved by the National Science Board to be undertaken in the Major Research Equipment and Facilities Construction account. (e) Pilot program (1) In general The Director, acting through the Directorate, shall establish a 5-year pilot program for awarding grants to eligible partnerships to build research and education capacity at emerging research institutions to enable such institutions to contribute to programs run by the Directorate. (2) Applications An eligible partnership seeking a grant under this subsection shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require, including a statement of how the partnership will use the funds awarded through the grant to achieve a lasting increase in the research and education capacity of each emerging research institution included in the eligible partnership. (3) Activities An eligible partnership receiving a grant under this subsection may use the funds awarded through such grant for— (A) faculty salaries and training; (B) research experiences for undergraduate and graduate students; (C) maintenance and repair of research equipment and instrumentation; and (D) any other activities the Director determines appropriate. (4) Definitions In this subsection: (A) Director The term Director means the Director of the National Science Foundation. (B) Directorate; emerging research institution The terms Directorate and emerging research institution have the meanings given such terms in section 8A(a) of the National Science Foundation Act of 1950, except that, with respect to the term emerging research institution , the reference in paragraph (4) of such section to an award under section 8A of that Act shall be deemed a reference to a grant under this subsection. (C) Eligible partnership The term eligible partnership means a partnership of— (i) at least 1 emerging research institution; and (ii) at least 1 institution classified as a very high research activity by the Carnegie Classification of Institutions of Higher Education. 4. Endless Frontier Fund (a) In general There is authorized to be appropriated a total of $112,410,000,000 for fiscal years 2022 through 2026 for the implementation of this Act and the amendments made by this Act. Such funds shall be available for the implementation of this Act and the amendments made by this Act, and shall be administered by the Director of the Office of Science and Technology Policy (referred to in this section as the Director ). (b) Use of funds (1) Submission of annual allocation Until the date on which all of the amounts in the Fund described in subsection (a) are expended, the Director shall annually submit to Congress, together with the annual budget of the United States, a list of allocations to agencies and departments to implement this Act and the amendments made by this Act that includes a detailed description of each program proposed to be funded, including the estimated expenditures from the Fund for the program for the applicable fiscal year. (2) Alternate allocation (A) In general The Commerce, Justice, Science, and Related Agencies Appropriations Act for the relevant fiscal year may provide for alternate allocation of amounts made available under this section. (B) Allocation by president (i) No alternate allocations If Congress has not enacted legislation establishing alternate allocations as described in subparagraph (A) by the date on which the Act making full-year appropriations for Commerce, Justice, Science, and Related Agencies for the applicable fiscal year is enacted into law, amounts made available under this section shall be allocated by the Director. (ii) Insufficient alternate allocation If Congress enacts legislation establishing alternate allocations for amounts made available under this section that are less than the full amount authorized to be appropriated to the Fund for that fiscal year under subsection (a), the difference between the amount authorized to be appropriated and the alternate allocation shall be allocated by the Director. (c) Limitation No funds provided under this section shall be used for construction, except in the case of infrastructure projects described in section 28(b)(1)(B) of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ), as added by section 7(a) of this Act. (d) Sense of Congress It is the sense of Congress that, during the period of fiscal years 2022 through 2026, the Director shall make available, from amounts made available under subsection (a)— (1) $9,425,000,000 to the regional technology hub program under section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ), as added by section 7 of this Act; (2) $575,000,000 to the comprehensive regional technology strategy grant program under section 29 of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ), as added by section 8 of this Act, of which $100,000,000 shall be made available for each of fiscal years 2022 and 2023 and $125,000,000 shall be made available for each of fiscal years 2024 through 2026; (3) $100,000,000,000 to the Directorate for Technology and Innovation of the National Science Foundation, of which $5,000,000,000 shall be made available for fiscal year 2022, $10,000,000,000 shall be made available for fiscal year 2023, $20,000,000,000 shall be made available for fiscal year 2024, $30,000,000,000 shall be made available for fiscal year 2025, and $35,000,000,000 shall be made available for fiscal year 2026; and (4) $2,410,000,000 for the period of fiscal years 2022 through 2026 to the Manufacturing USA Program for activities described under section 9 of this Act. 5. Strategy and report on economic security, science, research, and innovation to support the National Security Strategy (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Agriculture, Nutrition, and Forestry, the Committee on Appropriations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Budget, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Finance, the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Agriculture, the Committee on Appropriations, the Committee on Armed Services, the Committee on the Budget, the Committee on Education and Labor, the Committee on Energy and Commerce, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Oversight and Reform, the Committee on Science, Space, and Technology, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Key technology focus area The term key technology focus area means an area included on the most recent list under section 8A(d)(2) of the National Science Foundation Act of 1950. (3) National security strategy The term national security strategy means the national security strategy required by section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 ). (b) Strategy and report (1) In general In 2021 and in each year thereafter before the applicable date set forth under paragraph (2), the Director of the Office of Science and Technology Policy, in coordination with the Director of the National Economic Council, the Director of the National Science Foundation, the Secretary of Commerce, the Secretary of Energy, the National Security Council, the United States Patent and Trademark Office, and the heads of other relevant Federal agencies and in consultation with relevant nongovernmental partners, shall— (A) review such strategy, programs, and resources as the Director of the Office of Science and Technology Policy determines pertain to United States national competitiveness in science, research, innovation, and technology transfer, including patenting and licensing, to support the national security strategy; (B) develop or revise a strategy for the Federal Government to improve the national competitiveness of the United States in science, research, and innovation to support the national security strategy; and (C) submit to the appropriate committees of Congress— (i) a report on the findings of the Director with respect to the review conducted under subparagraph (A); and (ii) the strategy developed or revised under subparagraph (B). (2) Applicable dates In each year, the applicable date set forth under this paragraph is as follows: (A) In 2021, December 31, 2021. (B) In 2022 and every year thereafter— (i) in any year in which a new President is inaugurated, October 1 of that year; and (ii) in any other year, the date that is 90 days after the date of the transmission to Congress in that year of the national security strategy. (c) Elements (1) Report Each report submitted under subsection (b)(1)(C)(i) shall include the following: (A) An assessment of public and private investment in civilian and military science and technology and its implications for the geostrategic position and national security of the United States. (B) A description of the prioritized economic security interests and objectives, including domestic job creation, of the United States relating to science, research, and innovation and an assessment of how investment in civilian and military science and technology can advance those objectives. (C) An assessment of how regional efforts are contributing and could contribute to the innovation capacity of the United States, including— (i) programs run by State and local governments; and (ii) regional factors that are contributing or could contribute positively to innovation. (D) An assessment of— (i) workforce needs for competitiveness and national security in key technology areas; and (ii) Federal support needed— (I) to expand domestic and international student pathways into key technology areas; and (II) to improve workforce development and employment systems, as well as programs and practices to upskill incumbent workers. (E) An assessment of barriers to competitiveness in key technology focus areas and barriers to the development and evolution of start-ups, small and mid-sized business entities, and industries in key technology focus areas. (F) An assessment of the effectiveness of the Federal Government, federally funded research and development centers, and national labs in supporting and promoting technology commercialization and technology transfer, including an assessment of the adequacy of Federal research and development funding in promoting competitiveness and the development of new technologies. (G) An assessment of manufacturing capacity, logistics, and supply chain dynamics of major export sectors, including access to a skilled workforce, physical infrastructure, and broadband network infrastructure. (H) An assessment of how the Federal Government is increasing the participation of underrepresented populations in science, research, innovation, and manufacturing. (I) An assessment of the effectiveness of the Federal Government, federally funded research and development centers, and national laboratories in transitioning technologies and processes that emerge from federally funded research to new domestic manufacturing growth and job creation across sectors in the United States. (2) Strategy Each strategy submitted under subsection (b)(1)(C)(ii) shall include the following: (A) A plan to utilize available tools to address or minimize the leading threats and challenges and to take advantage of the leading opportunities, particularly in regards to technology areas central to competition between the United States and China, including the following: (i) Specific objectives, tasks, metrics, and milestones for each relevant Federal agency. (ii) Specific plans to support public and private sector investment in research, technology development, education and workforce development, and domestic manufacturing in key technology focus areas supportive of the national economic competitiveness of the United States and to foster the prudent use of public-private partnerships. (iii) Specific plans to promote environmental stewardship and fair competition for United States workers. (iv) A description of— (I) how the strategy submitted under subsection (b)(1)(C)(ii) supports the national security strategy; and (II) how the strategy submitted under such subsection is integrated and coordinated with the most recent national defense strategy under section 113(g) of title 10, United States Code. (v) A plan to encourage the governments of countries that are allies or partners of the United States to cooperate with the execution of the strategy submitted under subsection (b)(1)(C)(ii), where appropriate. (vi) A plan to encourage certain international and multilateral organizations to support the implementation of such strategy. (vii) A plan for how the United States should develop local and regional capacity for building innovation ecosystems across the Nation by providing Federal support. (viii) A plan for strengthening the industrial base of the United States. (B) An identification of additional resources, administrative action, or legislative action recommended to assist with the implementation of such strategy. (d) Form of reports and strategies Each report and strategy submitted under subsection (b)(1)(C) shall be submitted in unclassified form, but may include a classified annex. 6. Supply chain resiliency program (a) Definitions In this section: (1) Critical industry The term critical industry means— (A) key technology focus areas, as defined in section 8A(a) of the National Science Foundation Act of 1950, as added by section 3(b) of this Act; and (B) areas identified by the report in subsection (f). (2) Critical infrastructure The term critical infrastructure has the meaning given the term in the Critical Infrastructures Protection Act of 2001 ( 42 U.S.C. 5195c ). (3) Foreign entity The term foreign entity — (A) means— (i) the government of a foreign country; (ii) a foreign political party; (iii) an individual who is not a protected individual (as defined in section 274B(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a)(3) )); or (iv) a partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country; and (B) includes— (i) any person owned by, controlled by, or subject to the jurisdiction or direction of, a person described in subparagraph (A); (ii) any person, wherever located, that acts as an agent, representative, or employee of a person described in subparagraph (A); (iii) any person that acts in any other capacity at the order or request, or under the direction or control, of— (I) a person described in subparagraph (A); or (II) a person, the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by a person described in subparagraph (A); (iv) any person that directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise owns not less than 25 percent of the equity interests of a person described in subparagraph (A); (v) any person with significant responsibility to control, manage, or direct a person described in subparagraph (A); (vi) any individual, wherever located, who is a citizen or resident of a country controlled by a person described in subparagraph (A); and (vii) any corporation, partnership, association, or other organization organized under the laws of a country controlled by a person described in subparagraph (A). (4) Foreign entity of concern The term foreign entity of concern means a foreign entity that is— (A) designated as a foreign terrorist organization by the Secretary of State under section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); (B) included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (commonly known as the SDN list ); (C) owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation (as defined in section 2533c(d) of title 10, United States Code); (D) alleged by the Attorney General to have been involved in activities for which a conviction was obtained under— (i) chapter 37 of title 18, United States Code (commonly known as the Espionage Act ); (ii) section 951 or 1030 of title 18, United States Code; (iii) chapter 90 of title 18, United States Code (commonly known as the Economic Espionage Act of 1996 ); (iv) the Arms Export Control Act ( 22 U.S.C. 2751 et seq.); (v) section 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2274 , 2275, 2276, 2277, and 2284); (vi) the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.); or (vii) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.); or (E) determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States. (5) Labor organization The term labor organization has the meaning given such term in section 8A(a) of the National Science Foundation Act of 1950. (6) Program The term program means the supply chain resiliency and crisis response program established under subsection (b). (7) Relevant committees of Congress The term relevant committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Appropriations of the Senate; (C) the Committee on Finance of the Senate; (D) the Committee on Homeland Security and Governmental Affairs of the Senate; (E) the Committee on Armed Services of the Senate; (F) the Select Committee on Intelligence of the Senate; (G) the Committee on Science, Space, and Technology of the House of Representatives; (H) the Committee on Energy and Commerce of the House of Representatives; (I) the Committee on Appropriations of the House of Representatives; (J) the Committee on Ways and Means of the House of Representatives; (K) the Committee on Homeland Security of the House of Representatives; (L) the Committee on Armed Services of the House of Representatives; and (M) the Permanent Select Committee on Intelligence of the House of Representatives. (8) Secretary The term Secretary means the Secretary of Commerce. (b) Establishment The Secretary shall establish in the Department of Commerce a supply chain resiliency and crisis response program to carry out the activities described in subsection (d). (c) Mission and priorities (1) Mission The mission of the program is to— (A) ensure the leadership of the United States with respect to industries that are essential to mid-term and long-term national security and economic competitiveness; (B) promote, in partnership with the private sector and other relevant stakeholders, the resiliency of supply chains of the United States and allied or partner countries; and (C) encourage partnerships between the Federal Government and industry, labor organizations, and State, local, territorial, and Tribal governments in order to better respond to supply chain crises. (2) Priorities The program shall— (A) in partnership with the private sector, build resilient and secure supply chains (including through the mid-term and long-term diversification of key supply chains, which shall include the support of small- and medium-sized businesses) that can ensure the access of the United States to critical goods and services in the face of shocks, including pandemic and biological threats, cyberattacks, extreme weather events, terrorist and geopolitical attacks, great power conflict, and other threats to national security, with key parts of such resilience being— (i) the diversification of key supply chains with allies or key partners; and (ii) working with allies or key partners through agreements and other commitments; and (B) support collaboration with allies or key partners to collectively build and strengthen resilient global supply chains, including through identifying supply chain vulnerabilities, expanding productive capacity, and stockpiling essential goods. (d) Activities Under the program, the Secretary, acting through 1 or more bureaus or other divisions of the Department of Commerce as appropriate, shall carry out activities— (1) to map and monitor key supply chains and to identify current and future key supply chain gaps and vulnerabilities in critical industries; (2) to develop or identify opportunities to build domestic capacity, and cooperate with allies or key partners, to address supply chain gaps and vulnerabilities in critical industries; (3) to consult and collaborate with the Director of the Office of Management and Budget, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Energy, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of State, the Director of National Intelligence, the Director of the Office of Science and Technology Policy, and, as appropriate, the heads of other Federal departments and agencies to invest in urgent supply chain gaps; (4) to encourage partnerships between the Federal Government and industry, labor organizations, and State, local, territorial, and Tribal governments to better respond to crises; (5) to support the distribution of critical resources to areas that have the greatest needs during crises; (6) to develop contingency plans to ensure a resilient supply chain response for potential crises; (7) to ensure that allies and key partners have supply chains that are capable of supporting critical industries; and (8) to enter into agreements and partnerships with allied or partner governments to promote diversified and resilient supply chains that ensure supply of critical goods to both the United States and allied companies. (e) Authorities The Secretary may— (1) establish a unified coordination group to serve as the primary method for coordinating between and among Federal departments and agencies in response to known supply chain risks as well as for integrating private sector partners into efforts, as appropriate, to— (A) study technical, engineering, and operational data acquired on a voluntary basis from the private sector, in a manner that ensures any data provided by the private sector is kept confidential and as required under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ); (B) directly receive whistleblower complaints with appropriate protection; and (C) identify key competitiveness challenges in critical industries; (2) enter into agreements with allied or partner governments regarding supply chain security assurances; (3) coordinate with other divisions of the Department of Commerce and other Federal departments and agencies to leverage existing authorities, as of the date of enactment of this Act, to strengthen supply chain resilience; and (4) with the approval of the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives, transfer funds to, or receive funds from, other departments and agencies to implement the program. (f) Report on supply chain resiliency and domestic manufacturing Not later than 180 days after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary shall submit to the relevant committees of Congress a review, in coordination with other relevant Federal departments and agencies— (1) identifying— (A) technologies critical to economic competitiveness and national security; and (B) supplies critical to the crisis preparedness of the United States, such as medical supplies, personal protective equipment, disaster response necessities, electrical generation technology, materials essential to critical infrastructure operation or repair and renovation, and other supplies identified by the Secretary; (2) describing— (A) the current domestic manufacturing base and supply chains for those technologies and supplies, including raw materials, production equipment, and other goods essential to the production of those technologies and supplies; and (B) the ability of the United States to maintain readiness and to surge produce those technologies and supplies in response to an emergency; (3) identifying defense, intelligence, homeland, economic, domestic labor supply, natural, geopolitical, or other contingencies that may disrupt, strain, compromise, or eliminate the supply chain for those technologies and supplies; (4) assessing the resiliency and capacity of the domestic, allied, and partner manufacturing base, supply chains, and workforce to support the need for those technologies and supplies, including any single points of failure in those supply chains; (5) assessing flexible manufacturing capacity available in the United States in cases of emergency; (6) making specific recommendations to improve the security and resiliency of manufacturing capacity and supply chains by— (A) developing long-term strategies; (B) increasing visibility throughout multiple supplier tiers; (C) identifying and mitigating risks, including the financial and operational risks of a supply chain, vulnerabilities to extreme weather events, cyberattacks, pandemic and biological threats, terrorist and geopolitical attacks, and other emergencies, and exposure to gaps in domestic sourcing and import exposure; (D) identifying enterprise resource planning systems that are compatible across supply chain tiers and are affordable for small and medium-sized businesses; (E) understanding the total cost of ownership, total value contribution, and other best practices that encourage strategic partnerships throughout the supply chain; (F) understanding Federal procurement opportunities to increase resiliency of supply chains for goods and services and fill gaps in domestic purchasing; (G) identifying policies to maximize domestic job retention and creation, including workforce development programs; (H) identifying and mitigating risks associated with allied or key partner countries in building more resilient supply chains; and (I) identifying such other services as the Secretary considers necessary; (7) providing guidance on technologies and supplies to be prioritized for assistance and other activities under the Department of Commerce, the National Science Foundation, and other relevant Federal agencies; (8) reviewing and, if appropriate, expanding the sourcing of goods associated with critical technology areas from allies or key partners, including recommendations for coordination with allies or key partners on sourcing critical products; and (9) monitoring and strengthening the financial and operational health of small and medium enterprises in domestic, allied, and partner supply chains to mitigate risks and ensure diverse, competitive supplier markets that are less vulnerable to single points of failure. (g) Additional hiring authority (1) In general To the extent needed to carry out the program, the Secretary may— (A) utilize hiring authorities under section 3372 of title 5, United States Code, to staff the program with employees from other Federal agencies, institutions of higher education, and other organizations as described in that section with relevant experience in supply chain management and investment in the same manner and subject to the same conditions that apply to such individuals utilized to accomplish other missions of the Department of Commerce; (B) appoint and fix the compensation of such temporary personnel as may be necessary to implement the requirements of this section relating to the program, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and (C) appoint an individual appointed under subparagraph (B), after serving continuously for not less than 2 years, to a position in the Department of Commerce in the same manner that an employee serving in a position in the competitive service may be transferred, reassigned, or promoted. (2) No reimbursement Any assignment provided under paragraph (1)(A) shall be made without reimbursement. (3) Effect of appointment An individual appointed as described in paragraph (1)(C) shall be considered to be appointed under a career-conditional appointment, unless the individual, as of the date on which the individual is appointed, has completed a sufficient amount of creditable service to attain a permanent career appointment. (h) Semiconductor incentives (1) In general The Secretary shall carry out the program established under section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) as part of the program. (2) Technical and conforming amendment Section 9902(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended by striking in the Department of Commerce and inserting as part of the program established under section 6 of the Endless Frontier Act . (i) Report to Congress Concurrent with the annual submission by the President of a budget under section 1105 of title 31, United States Code, the Secretary shall submit to the relevant committees of Congress a report that contains a summary of all activities carried out under this section for the year covered by the report. (j) Coordination The Secretary of Commerce shall, as appropriate, coordinate with the heads of other Federal departments and agencies, including the Secretary of State and the United States Trade Representative, in the implementation of this program. (k) Rule of construction regarding private entities Nothing in this section shall be construed to require any private entity— (1) to request assistance from the Secretary; or (2) that requested such assistance from the Secretary to implement any measure or recommendation suggested by the Secretary. (l) Funding (1) In general There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section, which shall remain available until expended. (2) Inspector General funding Of the amounts made available in a fiscal year to carry out this section, not more than 2 percent of those amounts shall be available to the Inspector General of the Department of Commerce to conduct oversight activities with respect to the program. (3) Transfers Of the amounts made available in a fiscal year to carry out this section, the Secretary may transfer not more than 5 percent of those amounts to the account under the heading Department of Commerce—Salaries and Expenses to provide for administration and oversight activities relating to the program. 7. Regional technology hub program (a) In general The Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ; 15 U.S.C. 3701 et seq.) is amended— (1) by redesignating section 28 as section 30; and (2) by inserting after section 27 the following: 28. Regional technology hub program (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, and the Committee on Appropriations of the Senate; and (B) the Committee on Science, Space, and Technology, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives. (2) Cooperative extension The term cooperative extension has the meaning given the term extension in section 1404 of the Food and Agriculture Act of 1977 ( 7 U.S.C. 3103 ). (3) Key technology focus areas The term key technology focus areas means the areas included on the most recent list under section 8A(d)(2) of the National Science Foundation Act of 1950. (4) Labor organization The term labor organization has the meaning given such term in section 8A(a) of the National Science Foundation Act of 1950. (5) Large metropolitan communities The term large metropolitan community means a metropolitan statistical area with a population of more than 500,000. (6) Manufacturing extension center The term manufacturing extension center has the meaning given the term Center in section 25(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(a) ). (7) Manufacturing USA institute The term Manufacturing USA institute means a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d) ). (8) Mid-sized metropolitan communities The term mid-sized metropolitan community means a metropolitan statistical area with a population of more than 200,000 and not more than 500,000. (9) Other technology and innovation sectors critical to national and economic security The term other technology and innovation sectors critical to national and economic security means other technology and innovation sectors that the Secretary determines are critical to national and economic security. (10) Small and rural communities The term small and rural community means a noncore area, a micropolitan area, or a small metropolitan statistical area with a population of not more than 200,000. (11) Venture development organization The term venture development organization means a State or nonprofit organization focused primarily toward strengthening regional economic development through innovation by— (A) accelerating the commercialization of research and technology; (B) strengthening the competitive position of startups and industry through the development, commercial adoption, or deployment of technology; (C) providing financial grants, loans, or direct investment to commercialize technology; (D) pairing direct financial assistance under subparagraph (C) with entrepreneurship, technological, or business assistance to maximize the likelihood of success for a venture and increased employment growth for the region or a sector; and (E) returning any proceeds gained from direct financial assistance made using organization funds to the organization for future reinvestment, entrepreneurial assistance, and support of operations. (b) Regional technology hub program (1) In general The Secretary shall carry out a program— (A) to designate eligible consortia as regional technology hubs that create the conditions, within a region, to facilitate activities that— (i) enable United States leadership in a key technology focus area, complementing the Federal research and development investments under section 8A of the National Science Foundation Act of 1950, or other technology and innovation sectors critical to national and economic security; (ii) support regional economic development that diffuses innovation around the United States, enabling better broad-based growth and competitiveness in key technology focus areas; (iii) support domestic job creation; and (iv) otherwise support the purposes set forth under paragraph (2); (B) to support regional technology hubs designated under subparagraph (A); and (C) to conduct ongoing research, evaluation, analysis, and dissemination of best practices for regional development and competitiveness in technology and innovation. (2) Purposes The purposes of the program carried out under paragraph (1) are as follows: (A) To designate eligible consortia as regional technology hubs throughout the United States that create the conditions within a region to facilitate activities that establish the global competitive edge of the United States in the 21st century across a range of technology and innovation sectors critical to national and economic security, including to encourage lower-cost but economically viable technology hubs in the United States to reduce technology offshoring. (B) To encourage new and constructive collaboration among local, State, and Federal Government entities, academia, private industry, and labor organizations to mobilize investment, talent, entrepreneurship, and innovation for research, development, deployment, and manufacturing in a range of technology and innovation sectors critical to national and economic security. (C) To assist regions across the United States, including small cities and rural areas— (i) to develop and implement strategies through technology-based economic development practices, including infrastructure and workforce development, entrepreneurship and commercialization support, increasing access to capital, and building networks and systems to help bring ideas and businesses to market, and other relevant activities; (ii) to improve domestic supply chains in technology and innovation sectors; and (iii) to enable broad-based economic growth, job creation and competitiveness in the United States. (3) Administration The Secretary shall carry out this section through the Assistant Secretary of Commerce for Economic Development, in coordination with the Under Secretary of Commerce for Standards and Technology. (c) Eligible consortia For purposes of this section, an eligible consortium is a consortium that— (1) includes 1 or more— (A) institutions of higher education; (B) local or Tribal governments or other political subdivisions of a State; (C) State governments represented by an agency designated by the governor of the State or States that is representative of the geographic area served by the consortia; (D) economic development organizations or similar entities that are focused primarily on improving science, technology, innovation, or entrepreneurship; (E) industry or firms in relevant technology or innovation sectors; (F) labor organizations; and (G) workforce training organizations, including State and local workforce development boards as established under section 101 of the Workforce Investment and Opportunity Act ( 29 U.S.C. 3111 ); and (2) may include 1 or more— (A) nonprofit economic development entities with relevant expertise, including a district organization (as defined in section 300.3 of title 13, Code of Federal Regulations, or successor regulation); (B) for-profit entities with relevant expertise; (C) venture development organizations; (D) financial institutions and investment funds; (E) primary and secondary educational institutions, including career and technical education schools; (F) industry and industry associations; (G) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); (H) Federal laboratories; (I) manufacturing extension centers; (J) Manufacturing USA institutes; (K) institutions receiving an award under paragraph (6) or (7) of section 8A(d) of the National Science Foundation Act of 1950; and (L) a cooperative extension. (d) Designation of regional technology hubs (1) In general The Secretary shall use a competitive process for the designation of regional technology hubs under subsection (b)(1)(A). (2) Number of regional technology hubs During the 5-year period beginning on the date of the enactment of the Endless Frontier Act , the Secretary shall designate not fewer than 10 and not more than 15 eligible consortia as regional technology hubs under subsection (b)(1)(A), if the Secretary has received a sufficient number of qualified applications and appropriations to carry out this section. (3) Geographic distribution In conducting the competitive process under paragraph (1), the Secretary shall ensure geographic distribution in the designation of regional technology hubs by— (A) aiming to designate regional technology hubs in as many regions of the United States as possible; and (B) focusing on localities that have clear potential and relevant assets for developing a self-sustaining competitive position in a technology or innovation sector but have not yet become leading technology centers. (4) Eligible consortia that serve small and rural communities Under subsection (b)(1)(A), the Secretary shall designate at least 3 eligible consortia that— (A) serve small and rural communities; and (B) have received a grant under section 29. (5) EPSCoR The Secretary shall ensure that, of the eligible consortia designated as regional technology hubs under subsection (b)(1)(A), not fewer than 5 of such consortia include at least 1 State that is eligible to receive funding from the Established Program to Stimulate Competitive Research of the National Science Foundation. (6) Relation to certain grant awards The Secretary may not require an eligible consortium to receive a grant under section 29 in order to be designated as a regional technology hub under subsection (b)(1)(A) of this section. (e) Grants and cooperative agreements (1) In general The Secretary shall carry out subparagraph (B) of subsection (b)(1) through the award of grants or cooperative agreements to eligible consortia designated under subparagraph (A) of such subsection. (2) Term (A) In general The term of a grant or cooperative agreement awarded under paragraph (1) shall be for such period as the Secretary considers appropriate. (B) Renewal The Secretary may renew a grant or cooperative agreement awarded to an eligible consortia under paragraph (1) as the Secretary considers appropriate if the Secretary determines pursuant to subsection (i) that the performance of the eligible consortia is satisfactory. (3) Matching required (A) In general Except in the case of an eligible consortium described in subparagraph (B), the total Federal financial assistance awarded in a given year to an eligible consortium in support of the eligible consortium's operation as a regional technology hub under this section shall not exceed amounts as follows: (i) In first year of the grant or cooperative agreement, 90 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year. (ii) In second year of the grant or cooperative agreement, 85 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year. (iii) In third year of the grant or cooperative agreement, 80 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year. (iv) In fourth year of the grant or cooperative agreement and each year thereafter, 75 percent of the total operating and maintenance costs of the regional technology hub in that fiscal year. (B) Small and rural communities and Indian tribes (i) In general The total Federal financial assistance awarded in a given year to an eligible consortium in support of the eligible consortium's operation as a regional technology hub under this section shall not exceed amounts as follows: (I) In the case of an eligible consortium that represents a small and rural community, in a fiscal year, 90 percent of the total funding of the regional technology hub in that fiscal year. (II) In the case of an eligible consortium that is led by a Tribal government, in a fiscal year, 100 percent of the total funding of the regional technology hub in that fiscal year. (ii) Minimum threshold or rural representation The Secretary shall establish a minimum threshold of rural representation for purposes of clause (i)(I). (C) In-kind contributions For purposes of this paragraph, in-kind contributions may be used for part of the non-Federal share of the total funding of a regional technology hub in a fiscal year. (4) Use of grant and cooperative agreement funds The recipient of a grant or cooperative agreement awarded under paragraph (1) shall use the grant or cooperative agreement for multiple activities determined appropriate by the Secretary, including— (A) the permissible activities set forth under section 27(c)(2); and (B) activities in support of key technology focus areas and other technology and innovation sectors critical to national and economic security— (i) to develop regional strategies for infrastructure and site development in support of the regional technology hub’s plans and programs; (ii) to support business activity that makes domestic supply chain more resilient and encourages the growth of coordinated multiparty systems in the United States and creation and growth of business entities; (iii) to attract new private, public, and philanthropic investment in the region for developing innovation capacity, including establishing regional venture and loan funds, including through venture development organizations, for financing technology commercialization, new business formation, and business expansions; (iv) to further the development, deployment, and domestic manufacturing of technologies in the key technology focus areas and other technology and innovation sectors critical to national and economic security, including innovations derived from research conducted at institutions of higher education or other research entities, including research conducted by federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, university technology centers established under paragraph (6) of section 8A(d) of the National Science Foundation Act of 1950, the program established under paragraph (7) of such section 8A(d), test beds established and operated under paragraph (8) of such section 8A(d), or other Federal research entities, through activities that may include— (I) proof-of-concept development and prototyping; (II) technology transfer and commercialization, including patenting and licensing; (III) public-private partnerships in order to reduce the cost, time, and risk of commercializing new technologies; (IV) creating and funding competitions to allow entrepreneurial ideas to illustrate their commercialization and domestic job creation potential; (V) facilitating relationships between local and national business leaders and potential entrepreneurs to encourage successful commercialization; (VI) creating and funding not-for-profit entities that could enable researchers at institutions of higher education and other research entities to further develop new technology, through patient funding, advice, staff support, or other means; (VII) providing facilities for start-up companies where technology maturation could occur; and (VIII) commercialization, deployment, and adoption of the technologies that lead to domestic manufacturing of such technologies; (v) to develop the region’s skilled workforce through the training and retraining of workers, partnerships with labor organizations, and skills-based education, including the alignment of career technical training and educational programs in the region’s elementary and secondary schools and institutions of higher education; and (vi) to carry out such other activities as the Secretary considers appropriate to improve United States competitiveness and regional economic development to support a key technology focus area and that would further the purposes of this section. (5) Grants for infrastructure Any grant or cooperative agreement awarded under paragraph (1) to support the construction of physical infrastructure shall be awarded pursuant to section 201 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141 ) and subject to the provisions of such Act, except that subsection (b) of such section and sections 204 and 301 of such Act ( 42 U.S.C. 3144 , 3161) shall not apply. (f) Applications An eligible consortium seeking designation as a regional technology hub under subparagraph (A) of subsection (b)(1) and support under subparagraph (B) of such subsection shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may specify. (g) Considerations for designation and award of grants and cooperative agreements (1) In general In selecting an eligible consortium that submitted an application under subsection (f) for designation and support under subsection (b)(1), the Secretary shall consider, at a minimum, the following: (A) The potential of the eligible consortium to advance the research, development, deployment, and domestic manufacturing of technologies in a key technology focus area or other technology or innovation sector critical to national and economic security. (B) The likelihood of positive regional economic effect, including increasing the number of high wage domestic jobs, and creating new economic opportunities for economically disadvantaged and underrepresented populations. (C) How the eligible consortium plans to integrate with and leverage the resources of 1 or more federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes, Hollings Manufacturing Extension Partnership centers, university technology centers established under paragraph (6) of section 8A(d) of the National Science Foundation Act of 1950, the program established under paragraph (7) of such section 8A(d), test beds established and operated under paragraph (8) of such section 8A(d), or other Federal research entities. (D) How the eligible consortium will engage with the private sector, including small- and medium-sized businesses to commercialize new technologies and improve the resiliency of domestic supply chains in a key technology focus area or other technology or innovation sector critical to national and economic security. (E) How the eligible consortium will carry out workforce development and skills acquisition programming, including through partnerships with entities that include State and local workforce development boards, institutions of higher education, including community colleges, historically Black colleges and universities, Tribal colleges and universities, and minority serving institutions, labor organizations, and workforce development programs, and other related activities authorized by the Secretary, to support the development of a key technology focus area or other technology or innovation sector critical to national and economic security. (F) How the eligible consortium will improve science, technology, engineering, and mathematics education programs in the identified region in elementary and secondary school and higher education institutions located in the identified region to support the development of a key technology focus area or other technology or innovation sector critical to national and economic security. (G) How the eligible consortium plans to develop partnerships with venture development organizations and sources of private investment in support of private sector activity, including launching new or expanding existing companies, in a key technology focus area or other technology or innovation sector critical to national and economic security. (H) How the eligible consortium plans to organize the activities of regional partners across sectors in support of the proposed regional technology hub, including the development of necessary infrastructure improvements and site preparation. (I) How the eligible consortium will ensure that growth in technology and innovation sectors produces broadly shared opportunity across the identified region, including for economic disadvantaged and underrepresented populations and rural areas. (J) The likelihood that the region served by the eligible consortium will be able to become a self-sustaining globally leading technology hub once Federal support ends. (2) Findings based on comprehensive regional technology strategies The Secretary may use a comprehensive regional technology strategy supported by a grant under section 29 as the basis for making findings under paragraph (1) of this subsection. (h) Coordination and collaboration (1) Coordination with National Institute of Standards and Technology programs (A) Coordination required The Secretary shall coordinate the activities of regional technology hubs designated under this title, the Hollings Manufacturing Extension Partnership, and the Manufacturing USA Program with each other to the degree that doing so does not diminish the effectiveness of the ongoing activities of a manufacturing extension center or a Manufacturing USA institute. (B) Elements Coordination by the Secretary under subparagraph (A) may include the following: (i) The alignment of activities of the Hollings Manufacturing Extension Partnership with the activities of regional technology hubs designated under this subsection, if applicable. (ii) The alignment of activities of the Manufacturing USA Program and the Manufacturing USA institutes with the activities of regional technology hubs designated under this subsection, if applicable. (2) Coordination with Department of Energy programs The Secretary shall, in coordination with the Secretary of Energy, coordinate the activities and selection of regional technology hubs designated under subsection (b)(1)(A) with activities at the Department of Energy and the National Laboratories that were in effect on the day before the date of the enactment of the Endless Frontier Act , to the degree that doing so does not diminish the effectiveness of the ongoing activities or mission of the Department of Energy and the National Laboratories. (3) Interagency collaboration (A) In general In selecting and assisting regional technology hubs designated under subsection (b)(1)(A), the Secretary— (i) shall collaborate, to the extent possible, with the interagency advisory committee established under subparagraph (B); (ii) shall collaborate with Federal departments and agencies whose missions contribute to the goals of the regional technology hub; and (iii) may accept funds from other Federal agencies to support grants and activities under this title. (B) Interagency coordinating council (i) Establishment The Secretary shall establish an interagency coordinating council to coordinate with the Secretary in the designation of regional technology hubs under subparagraph (A) of subsection (b)(1) and in the selection of eligible consortia to receive support under subparagraph (B) of such subsection. (ii) Composition The interagency coordinating council established under clause (i) shall be composed of the following (or their designees): (I) The Secretary of Commerce. (II) The Secretary of Education. (III) The Administrator of the Small Business Administration. (IV) The Deputy Secretary for Housing and Urban Development. (V) The Director of the Community Development Financial Institution Fund. (VI) The Director of the National Science Foundation. (VII) The Director of the National Institute of Standards and Technology. (VIII) The Director of the National Economic Council. (IX) The Assistant Secretary of Commerce for Economic Development. (X) The Assistant Secretary for Employment and Training. (XI) The Director of the Office of Science and Technology Policy. (XII) The Under Secretary of Defense for Research and Engineering. (XIII) The Under Secretary of Defense for Acquisition and Sustainment. (XIV) The Under Secretary for Science of the Department of Energy. (XV) The Director of the National Institutes of Health. (XVI) The Under Secretary for Science and Technology of the Department of Homeland Security. (XVII) The Administrator of the National Aeronautics and Space Administration. (XVIII) The Director of the Office of Management and Budget. (XIX) Such other Federal officials as the Secretary of Commerce considers appropriate. (iii) Chairperson The Secretary shall be the chairperson of the interagency coordinating council established under clause (i). (4) Setting goals for Federally funded regions served by research in regional technology hubs (A) In general The Director of the Office of Science and Technology Policy and the Director of the Office of Management and Budget shall coordinate with the each head of a Federal agency that conducts research to set goals for at least doubling the amount of federally funded research awarded, as in effect on the day before the date of the enactment of the Endless Frontier Act , to regions served by regional technology hubs designated under subsection (b)(1)(A). (B) Annual reports Not less frequently than once each year, the Director of the Office of Science and Technology Policy and the Director of the Office of Management and Budget shall submit to the appropriate committees of Congress an annual report on progress made relating to the goals set under subparagraph (A). (i) Performance measurement, transparency, and accountability (1) Metrics, standards, and assessment For each grant and cooperative agreement awarded under subsection (e)(1) for a regional technology hub, the Secretary shall— (A) develop metrics to assess the effectiveness of the activities funded in making progress toward the purposes set forth under subsection (b)(2), which may include— (i) research supported in a key technology focus area; (ii) commercialization activities undertaken by each regional technology hub that is designated and supported under subsection (b)(1); (iii) educational and workforce development improvements undertaken by each regional technology hub that is designated and supported under subsection (b)(1); (iv) sources of matching funds for each regional technology hub that is designated and supported under subsection (b)(1); and (v) domestic job creation, patent awards, and business formation and expansion relating to the activities of the regional technology hub that is designated and supported under subsection (b)(1); (B) establish standards for the performance of the regional technology hub that are based on the metrics developed under subparagraph (A); and (C) 4 years after the initial award under subsection (e)(1) and every 2 years thereafter until Federal financial assistance under this section for the regional technology hub is discontinued, conduct an assessment of the regional technology hub to confirm whether the performance of the regional technology hub is meeting the standards for performance established under subparagraph (B) of this paragraph. (2) Final reports by recipients of assistance (A) In general The Secretary shall require each eligible consortium that receives a grant or cooperative agreement under subsection (e)(1) for support of a regional technology hub, as a condition of receipt of such grant or cooperative agreement, submit to the Secretary, not later than 90 days after the last day of the term of the grant or cooperative agreement, a report on the activities of the regional technology hub supported by the grant or cooperative agreement. (B) Contents of report Each report submitted by an eligible consortium under subparagraph (A) shall include the following: (i) A detailed description of the activities carried out by the eligible consortium using the assistance described in subparagraph (A), including the following: (I) A description of each project the eligible consortium completed using such assistance. (II) An explanation of how each project described in subclause (I) achieves a specific goal under this section in the region of the regional technology hub of the eligible consortium with respect to— (aa) the resiliency of a supply chain; (bb) research, development, and deployment of a critical technology; (cc) workforce training and development; (dd) domestic job creation; or (ee) entrepreneurship. (ii) A discussion of any obstacles encountered by the eligible consortium in the implementation of the regional technology hub and how the eligible entity overcame those obstacles. (iii) An evaluation of the success of the projects supported by the eligible consortium to implement the regional technology hub using the performance standards and measures established under paragraph (1), including an evaluation of the planning process and how the project contributes to carrying out the comprehensive strategy for the regional technology hub if the regional technology hub has such a strategy. (iv) The effectiveness of the eligible consortium in ensuring that, in the region of the eligible consortium's regional technology hub, growth in technology and innovation sectors produces broadly shared opportunity across the region, including for economic disadvantaged and underrepresented populations and rural areas. (v) Information regarding such other matters as the Secretary may require. (3) Interim reports by recipients of assistance In addition to requiring submittal of final reports under paragraph (2)(A), the Secretary may require an eligible consortium described in such paragraph to submit to the Secretary such interim reports as the Secretary considers appropriate. (4) Annual reports to Congress Not less frequently than once each year, the Secretary shall submit to the appropriate committees of Congress an annual report on the results of the assessments conducted by the Secretary under paragraph (1)(C) during the period covered by the report. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $9,425,000,000 for the period of fiscal years 2022 through 2026. . (b) Initial designations and awards (1) Competition required Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall commence a competition under subsection (d)(1) of section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ), as added by subsection (a). (2) Designation and award Not later than 1 year after the date of the enactment of this Act, if the Secretary has received at least 1 application under subsection (f) of such section from an eligible consortium whom the Secretary considers suitable for designation under subsection (b)(1)(A) of such section, the Secretary shall— (A) designate at least 1 regional technology hub under subsection (b)(1)(A) of such section; and (B) award a grant or cooperative agreement under subsection (e)(1) of such section to each regional technology hub designated pursuant to subparagraph (A) of this paragraph. 8. Comprehensive regional technology strategy grant program The Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ; 15 U.S.C. 3701 et seq.), as amended by section 7, is further amended, by inserting after section 28, as added by such section, the following: 29. Comprehensive regional technology strategy grant program (a) Definitions In this section: (1) Labor organization The term labor organization has the meaning given such term in section 8A(a) of the National Science Foundation Act of 1950. (2) Regional technology hub The term regional technology hub means a consortium designated as a regional technology hub under section 28(b)(1)(A). (3) Small and rural communities; mid-sized metropolitan communities; large metropolitan communities The terms small and rural communities , mid-sized metropolitan communities , and large metropolitan communities have the meanings given such terms in section 28(a). (4) Technology and innovation sectors critical to national and economic security The term technology and innovation sectors critical to national and economic security means technology and innovation sectors that the Secretary determines are critical to national and economic security. (b) Grant program required The Secretary shall establish a program to award grants to eligible consortia to carry out projects— (1) to coordinate locally defined planning processes, across jurisdictions and agencies, relating to developing a comprehensive regional technology strategy; (2) to identify regional partnerships for developing and implementing a comprehensive regional technology strategy; (3) to conduct or update assessments to determine regional needs and promote economic and community development related to the resiliency of a domestic supply chains, competitiveness of the region, and domestic job creation in technology and innovation sectors critical to national and economic security; (4) to develop or update goals and strategies to implement an existing comprehensive regional plan related to enhancing the resiliency of domestic supply chains, competitiveness of the region, and domestic job creation in technology and innovation sectors critical to national and economic security; and (5) to identify local zoning and other code changes necessary to implement a comprehensive regional technology strategy, including promoting sustainable development within the identified region. (c) Eligible consortia For purposes of this section, an eligible consortium is any consortium described by section 28(c). (d) Grants (1) Diversity of recipients In awarding grants under this section, the Secretary shall ensure geographic diversity among, and adequate representation from, each of the following: (A) Small and rural communities. (B) Mid-sized metropolitan communities. (C) Large metropolitan communities. (2) Awards to small and rural communities (A) In general Except as provided in subparagraph (B), the Secretary shall— (i) award not less than 25 percent of the funds under this section to eligible consortia that represent all or part of a small and rural community; and (ii) ensure diversity among the geographic regions and the size of the population of the communities served by recipients of grants that are eligible consortia that represent all or part of a small and rural community. (B) Insufficient applications If the Secretary determines that an insufficient number of sufficient quality applications for grants under this section have been submitted by eligible consortia that represent all or part of a small and rural community, the Secretary may reduce the percentage threshold set forth in subparagraph (A)(i). (3) Federal share (A) In general Except as provided in subparagraph (B), the Federal share of the cost of a project carried out using a grant awarded under this section may not exceed 80 percent. (B) Exceptions (i) Small and rural communities In the case of an eligible consortium that represents all or part of a small and rural community, the Federal share of the cost of a project carried out using a grant awarded under this section may be up to 90 percent of the total cost of the project. (ii) Indian Tribes In the case of an eligible consortium that is led by a Tribal government, the Federal share of the cost of a project carried out using a grant under the grant awarded under this section may be up to 100 percent of the total cost of the project. (C) Non-Federal share (i) In-kind contributions For the purposes of this paragraph, in-kind contributions may be used for all or part of the non-Federal share of the cost of a project carried out using a grant awarded under this section. (ii) Other Federal funding Federal funding from sources other than a grant awarded under this section may not be used for the non-Federal share of the cost of a project carried out using a grant under this section. (4) Availability and obligation of grant amounts (A) In general An eligible consortium that receives a grant under this section shall, as a condition on receipt of grant amounts— (i) obligate any grant amounts received under this section not later than 1 year after the date on which the eligible consortium enters into an agreement under subsection (g); and (ii) expend any grant amounts received under this section not later than 2 years after the date on which the eligible consortium enters into an agreement under subsection (g). (B) Unobligated amounts After the date described in subparagraph (A)(i), any amounts awarded to an eligible consortium under this section that remain unobligated by the eligible consortium shall be returned to the Secretary and made available to the Secretary for the award of grants to other eligible consortia under this section. (e) Application (1) In general An eligible consortium seeking a grant under this section shall submit to the Secretary an application therefor at such time and in such manner as the Secretary shall prescribe. (2) Contents Each application submitted under paragraph (1) shall include the following: (A) A description of the boundaries of the region served by the eligible consortium. (B) A description of the research, technology development, or manufacturing concentration of the eligible consortium. (C) A general assessment of the local industrial ecosystem of the region described in subparagraph (A), which may include assessment of workforce and training, including partnerships with labor organizations, supplier network, research and innovation, infrastructure and site development, trade and international investment, operational improvements, and capital access components needed for manufacturing activities in such region. (D) A description of how a grant under this section may assist in developing components of such local industrial ecosystem (selected by the consortium), including descriptions of— (i) investments to address gaps in such ecosystem; and (ii) how to make the research, technology development, and manufacturing of the region of the consortium uniquely competitive. (E) A description of the process by which a comprehensive regional technology strategy will be developed by the eligible consortium to address gaps in such local industrial ecosystem and to strengthen the resiliency of supply chains, competitiveness of the identified region, and domestic job creation in technology and innovation sectors critical to national and economic security. (F) A budget for the projects that the eligible consortium plans to carry out using grant amounts awarded under this section, including the anticipated Federal share of the cost of each project and a description of the sources of the non-Federal share. (G) The designation of a lead agency or organization, which may be the eligible consortium, to receive and manage any funds received by the eligible consortium under this section. (H) A signed copy of a memorandum of understanding among members of the eligible consortium that demonstrates— (i) the creation of an eligible consortium; (ii) a description of the nature and extent of planned collaboration between members of the eligible consortium; and (iii) a commitment to develop a comprehensive regional technology strategy. (I) Such other matters as the Secretary considers appropriate. (3) Evaluation of applications The Secretary shall evaluate each application received under paragraph (1) to determine whether the applicant demonstrates— (A) a significant level of regional cooperation in their proposal; (B) a focus on building a regional ecosystem to attract and build upon research investment to develop, deploy, and manufacture domestically critical technologies that improve the resiliency of supply chains, competitiveness of the identified region, and the creation of quality jobs; (C) the extent to which the consortium has developed partnerships throughout an entire region, including, as appropriate, partnerships with federally funded research and development centers, National Laboratories, Federal laboratories, Manufacturing USA institutes described in section 34(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d) ), university technology centers established under paragraph (6) of section 8A(d) of the National Science Foundation Act of 1950, the program established under paragraph (7) of such section 8A(d), test beds established and operated under paragraph (8) of such section 8A(d), or other Federal research entities; (D) integration with local efforts in inclusive economic development and job creation; (E) a plan for implementing a comprehensive regional technology strategy through regional infrastructure, workforce, and supply chain investment plans and local land use plans; (F) diversity among the geographic regions and the size of the population of the communities served by recipients of grants under this section; (G) a commitment to seeking substantial public input during the planning process and public participation in the development of the comprehensive regional plan; (H) a plan to support the creation and growth of new companies; and (I) such other qualities as the Secretary considers appropriate. (f) Use of grant funds An eligible consortium that receives a grant under this section shall use the amount of such grant to carry out a project that includes 1 or more of the following activities: (1) Coordinating locally defined planning processes across jurisdictions and agencies. (2) Identifying potential regional partnerships for developing and implementing a comprehensive regional technology strategy. (3) Conducting or updating assessments to determine regional needs, which may include— (A) workforce development; (B) supply chain development; (C) increasing innovation readiness, including expanding research and technology development facilities and developing the local science, technology, engineering, and mathematics workforce; (D) site preparation; (E) community and economic development to start new companies and to attract and support workers and firms; and (F) and other such needs as determined by the consortium. (4) Developing or updating— (A) a comprehensive regional plan; or (B) goals and strategies to implement an existing comprehensive regional plan for the purposes of strengthening domestic supply chain resiliency, competitiveness, and job creation in critical technology and innovation sectors for national and economic security. (5) Implementing local zoning and other code changes necessary to implement a comprehensive regional plan and promote sustainable development. (g) Grant agreement Each eligible consortium that receives a grant under this section shall, as a condition on receipt of grant amounts, agree to establish, in coordination with the Secretary, performance measures, reporting requirements, and such other requirements as the Secretary determines are necessary, that must be met at the end of each year in which the eligible consortium receives funds under this section. (h) Reports by recipients of grants (1) Final reports Not later than 90 days after the date on which a grant agreement into which an eligible consortium entered under subsection (g) expires, the eligible consortium shall submit to the Secretary a final report on the project the eligible consortium carried out under subsection (f) using the amounts of the grant awarded to the eligible consortium under this section. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) A detailed explanation of the activities undertaken using the grant, including an explanation of how the comprehensive regional technology strategy of the eligible consortium may achieve specific improvements in domestic supply chain resiliency, research, development, and deployment of critical technologies, workforce development, domestic job creation, and entrepreneurship goals within the region served by the eligible consortium. (B) A discussion of any obstacles encountered in the planning process of the eligible consortium and how the eligible consortium overcame the obstacles. (C) An evaluation of the success of the project using the performance standards and measures established under subsection (g), including an evaluation of the planning process and how the project contributes to carrying out the comprehensive regional technology strategy. (D) The progress of the region identified by the consortium toward becoming a regional technology hub. (E) The effectiveness of the region identified by the consortium in ensuring that growth in innovation sectors produces broadly shared opportunity in the region. (F) Such other information as the Secretary may require. (3) Interim reports The Secretary may require, as a condition on receipt of a grant under this section, an eligible consortium to submit an interim report, before the date on which a project for which a grant is awarded under this section is completed. (i) Technical assistance for grant recipients and applicants The Secretary may— (1) coordinate with other Federal agencies to establish interagency and multidisciplinary teams to provide technical assistance to recipients of, and prospective applicants for, grants under this section; (2) by Federal interagency agreement, transfer funds to another Federal agency to facilitate and support the provision of such technical assistance; and (3) enter into contracts with third parties to provide technical assistance to grant recipients and prospective applicants for grants under this section. (j) Authorization of appropriations (1) Authorization There are authorized to be appropriated to the Secretary for the award of grants under this section, to remain available until expended, amounts as follows: (A) $100,000,000 for each of fiscal years 2022 and 2023. (B) $125,000,000 for each of fiscal years 2024 through 2026. (2) Technical assistance The Secretary may use not more than 5 percent of the amounts made available under this subsection for a fiscal year for technical assistance under subsection (i). . 9. Manufacturing USA Program (a) Definitions In this section: (1) Historically Black college or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (2) Labor organization The term labor organization has the meaning given such term in section 8A(a) of the National Science Foundation Act of 1950. (3) Manufacturing USA center The term Manufacturing USA center means an institute described in section 34(d)(3)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d)(3)(B) ) and recognized by the Secretary under such section for purposes of participation in the Manufacturing USA Network. (4) Manufacturing USA institute The term Manufacturing USA institute means an institute described in section 34(d) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d) ) that is not a Manufacturing USA center. (5) Manufacturing USA Network The term Manufacturing USA Network means the network established under section 34(c) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(c) ). (6) Manufacturing USA Program The term Manufacturing USA Program means the program established under section 34(b)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(b)(1) ). (7) Minority-serving institution The term minority-serving institution means an eligible institution described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (8) National Program Office The term National Program Office means the National Program Office established under section 34(h)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(h)(1) ). (9) Tribal college or university The term Tribal college or university has the meaning given the term in section 316(b)(3) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b)(3) ). (b) Authorization of appropriations To enhance and expand Manufacturing USA Program and support innovation and growth in domestic manufacturing (1) In general There is authorized to be appropriated $2,410,000,000 for the period of fiscal years 2022 through 2026 for the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology and in coordination with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, to carry out the Manufacturing USA Program and to expand such program to support innovation and growth in domestic manufacturing. (2) Manufacturing USA institutes (A) In general Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $1,190,000,000 shall be available to support the establishment of new Manufacturing USA institutes during the period described in such paragraph. (B) Financial assistance The Secretary shall support the establishment of Manufacturing USA institutes under subparagraph (A) through the award of financial assistance under section 34(e) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e) ). (C) Assignment of Manufacturing USA institutes to Federal agency sponsors Following an open topic competition organized by the Director of the National Institute of Standards and Technology, the Secretary of Commerce, in consultation with the Secretary of Energy, the Secretary of Defense, and other relevant Federal agencies, may select an alternative Federal agency to sponsor a selected Manufacturing USA institute based on its technology and may transfer the appropriate funds to that alternative Federal agency for operation and programming of the selected Manufacturing USA institute. (D) Coordination with existing Manufacturing USA institutes (i) Coordination required In establishing new Manufacturing USA institutes under subparagraph (A), the Secretary of Commerce shall coordinate with the Secretary of Energy and the Secretary of Defense to ensure there is no duplication of effort or technology focus between new Manufacturing USA institutes and Manufacturing USA institutes that were in effect before the establishment of the new Manufacturing USA institutes. (ii) Consultation with existing Manufacturing USA institutes authorized In carrying out coordination under clause (i), the Secretary of Commerce may consult with Manufacturing USA institutes that were in effect before the establishment of new Manufacturing USA institutes under subparagraph (A) to inform the Department of Commerce of additional new Manufacturing USA institutes necessary to fill gaps in the support of innovation and growth in domestic manufacturing. (iii) Involvement of existing Manufacturing USA institutes authorized In coordination with the Secretary of Energy and the Secretary of Defense, the Secretary of Commerce may involve Manufacturing USA institutes that were in effect before the establishment of new Manufacturing USA institutes under subparagraph (A) in the planning and execution of the new Manufacturing USA institutes. (3) Manufacturing USA centers and public service grants Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $375,000,000 shall be available for the period described in such paragraph— (A) for the Secretary, acting through the Director and in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, to recognize additional institutes as Manufacturing USA institutes under section 34(d)(3)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(d)(3)(B) ), giving particular consideration to partnerships and coordination with the Manufacturing USA institutes that were already in effect, when practicable; and (B) to support the activities of Manufacturing USA institutes and Manufacturing USA centers through the award of grants under section 34(f) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(f) ). (4) Commercialization, workforce training, and supply chain investment Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $100,000,000 shall be available for the period described in such paragraph to support such programming for commercialization, workforce training, and supply chain activities across the Manufacturing USA Network as the Secretary considers appropriate in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant. (5) Ongoing support for existing Manufacturing USA institutes (A) In general Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $725,000,000 shall be available for the period described in such paragraph to support Manufacturing USA institutes that were in effect on the day before the date of the enactment of this Act, of which $5,000,000 shall be available (without cost share) to each such Manufacturing USA institute each year for such period for ongoing operation of the institutes, including operational overhead, workforce training, and supply chain activities. (B) Additional support (i) In general Of the amounts specified in subparagraph (A), amounts shall be available for financial assistance awards to conduct projects as follows: (I) $100,000,000 shall be available for Manufacturing USA institutes that were established under section 34(e) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e) ) and that were in effect on the day before the date of the enactment of this Act. (II) $10,000,000 shall be available each year for the period described in such paragraph for each Manufacturing USA institute that is not receiving Manufacturing USA Program funding from any other Federal agency. (ii) Federal funds matching requirement A recipient of financial assistance for a project under clause (i) shall agree to make available to carry out the project an amount of non-Federal funds that is equal to or greater than 20 percent of the total cost of the project. (C) Renewal requirements Receipt of ongoing support under subparagraph (A) shall be subject to the requirements of section 34(e)(2)(B) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(e)(2)(B) ). (D) No cost share requirement The Secretary shall not impose any cost share or matching requirement on receipt of ongoing support under subparagraph (A). (6) Management of interagency solicitations and ongoing management Of the amounts appropriated pursuant to the authorization of appropriations in paragraph (1), $20,000,000 shall be available annually for the period described in such paragraph for the National Program Office to coordinate the activities of the Manufacturing USA Network and manage interagency solicitations. (c) Coordination between Manufacturing USA Program and Hollings Manufacturing Extension Partnership The Secretary shall coordinate the activities of the Manufacturing USA Program and the activities of Hollings Manufacturing Extension Partnership with each other to the degree that doing so does not diminish the effectiveness of the ongoing activities of a Manufacturing USA institute or a Center (as the term is defined in section 25(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278k(a) )), including Manufacturing USA institutes entering into agreements with a Center (as so defined) that the Secretary considers appropriate to provide services relating to the mission of the Hollings Manufacturing Extension Partnership, including outreach, technical assistance, workforce development, and technology transfer and adoption assistance to small- and medium-sized manufacturers. (d) Worker advisory council for Manufacturing USA Program (1) Establishment (A) In general The Secretary of Commerce shall, in coordination with the Secretary of Labor, the Secretary of Defense, the Secretary of Energy, and the Secretary of Education, establish an advisory council for the Manufacturing USA Program on the development and dissemination of techniques, policies, and investments for high-road labor practices, worker adaptation and success with technological change, and increased worker participation across the Manufacturing USA Network. (B) Membership The council established under subparagraph (A) shall be composed of not fewer than 15 members appointed by the Secretary of Commerce, of whom— (i) four shall be from labor organizations; (ii) four shall be from educational institutions; (iii) four shall be from labor-management training, workforce development, and nonprofit organizations, including those that focus on workforce diversity and inclusion; and (iv) three shall be from industry organizations or manufacturing firms, including small- and medium-sized manufacturers. (C) Period of appointment; vacancies (i) In general Each member of the council established under subparagraph (A) shall be appointed for a term of 3 years with the ability to renew the appointment for no more than 2 terms. (ii) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that term until a successor has been appointed. (D) Meetings (i) Initial meeting Not later than 180 days after the date of enactment of this Act, the council established under subparagraph (A) shall hold the first meeting. (ii) Additional meetings After the first meeting of the council, the council shall meet upon the call of the Secretary, and at least once every 180 days thereafter. (iii) Quorum A majority of the members of the council shall constitute a quorum, but a lesser number of members may hold hearings. (E) Chairperson and vice chairperson The Secretary shall elect 1 member of the council established under subparagraph (A) to serve as the chairperson of the council and 1 member of the council to serve as the vice chairperson of the council. (2) Duties of the council The council established under paragraph (1)(A) shall provide advice and recommendations to the Secretary of Commerce on matters concerning investment in and support of the manufacturing workforce relating to the following: (A) Worker participation, including through labor organizations, in the planning and deployment of new technologies across an industry and within workplaces. (B) Policies to help workers adapt to technological change, including training and education priorities for the Federal Government and for employer investments in workers. (C) Assessments of impact on workers of development of new technologies and processes by the Manufacturing USA institutes. (D) Management practices that prioritize job quality, worker protection, worker participation and power in decision making, and investment in worker career success. (E) Policies and procedures to prioritize diversity and inclusion in the manufacturing and technology workforce by expanding access to job, career advancement, and management opportunities for underrepresented populations. (F) Assessments of technology improvements achieved by the Manufacturing USA institutes and the degree of domestic deployment of each new technology. (G) Such other matters as the Secretary considers appropriate. (3) Report (A) Appropriate committees of Congress defined In this paragraph, the term appropriate committees of Congress means— (i) the Committee on Health, Education, Labor, and Pensions, the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (ii) the Committee on Education and Labor, the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (B) Report required Not later than 180 days after the date on which the council established under paragraph (1)(A) holds its initial meeting under paragraph (1)(D)(i) and annually thereafter, the council shall submit to the appropriate committees of Congress a report containing a detailed statement of the advice and recommendations of the council pursuant to paragraph (2). (4) Compensation (A) Prohibition of compensation Members of the Council may not receive additional pay, allowances, or benefits by reason of their service on the Council. (B) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (5) FACA applicability (A) In general In discharging its duties under this subsection, the council established under paragraph (1)(A) shall function solely in an advisory capacity, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.). (B) Exception Section 14 of the Federal Advisory Committee Act shall not apply to the Council. (e) Participation of minority-Serving institutions, historically Black colleges and universities, and Tribal colleges and universities (1) In general The Secretary of Commerce, in coordination with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, shall coordinate with existing and new Manufacturing USA institutes to integrate covered entities as active members of the Manufacturing USA institutes, including through the development of preference criteria for proposals to create new Manufacturing USA institutes or renew existing Manufacturing USA institutes that include meaningful participation from a covered entity or that are led by a covered entity. (2) Covered entities For purposes of this subsection, a covered entity is— (A) a minority-serving institution; (B) an historically Black college or university; or (C) a Tribal college or university. (f) Department of Commerce policies To promote domestic production of technologies developed under Manufacturing USA Program (1) Definition of domestic In this subsection, the term domestic , with respect to development or production means development or production by, or with respect to source means the source is, a person incorporated or formed in the United States— (A) that is not under foreign ownership, control, or influence (FOCI) as defined in section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ); (B) whose beneficial owners, as defined in section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ), are United States persons; (C) whose management are United States citizens; (D) whose principal place of business is in the United States; and (E) who is not— (i) a foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity; or (ii) any joint venture if more than 10 percent of the joint venture (by vote or value) is held by a foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity. (2) Policies (A) In general The Secretary of Commerce, in consultation with the Secretary of Energy, the Secretary of Defense, and the heads of such other Federal agencies as the Secretary of Commerce considers relevant, shall establish policies to promote the domestic production of technologies developed by the Manufacturing USA Network. (B) Elements The policies developed under subparagraph (A) shall include the following: (i) Measures to partner domestic developers of goods, services, or technologies by Manufacturing USA Network activities with domestic manufacturers and sources of financing. (ii) Measures to develop and provide incentives to promote transfer of intellectual property and goods, services, or technologies developed by Manufacturing USA Network activities to domestic manufacturers. (iii) Measures to assist with supplier scouting and other supply chain development, including the use of the Hollings Manufacturing Extension Partnership to carry out such measures. (iv) A process to review and approve or deny membership in a Manufacturing USA institute by foreign-owned companies, especially from countries of concern, including the People’s Republic of China. (v) Measures to prioritize Federal procurement of goods, services, or technologies developed by the Manufacturing USA Network activities from domestic sources, as appropriate. (C) Processes for waivers The policies established under this paragraph shall include processes to permit waivers, on a case by case basis, for policies that promote domestic production based on cost, availability, severity of technical and mission requirements, emergency requirements, operational needs, other legal or international treaty obligations, or other factors deemed important to the success of the Manufacturing USA Program. (3) Prohibition (A) Company defined In this paragraph, the term company has the meaning given such term in section 847(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2509 note). (B) In general A company of the People’s Republic of China may not participate in the Manufacturing USA Program or the Manufacturing USA Network without a waiver, as described in paragraph (2)(C). 10. Technology commercialization review (a) Key technology focus areas defined In this section, the term key technology focus areas means the areas included on the most recent list under section 8A(d)(2) of the National Science Foundation Act of 1950. (b) Review and recommendations required Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy, in consultation with the Director of the National Science Foundation and the Director of the National Institute of Standards and Technology, shall— (1) review— (A) the structure of current technology research and commercialization arrangements with regard to public-private partnerships; and (B) the extent to which intellectual property developed with Federal funding— (i) has been used by foreign business entities; (ii) is being used to manufacture in the United States rather than in other countries; and (iii) is being used by foreign business entities domiciled or by foreign business entities affiliated with or subsidiary to foreign business entities in the People's Republic of China; (2) develop recommendations for such legislative or administrative action as may be necessary— (A) to further incentivize industry participation in public-private partnerships for the purposes of accelerating technology research and commercialization, including alternate ways of accounting for in-kind contributions and value of partially manufactured products; (B) to ensure that intellectual property developed with Federal funding is commercialized in the United States; and (C) to ensure that intellectual property developed with Federal funding is not being used by foreign business entities or by foreign business entities affiliated with or subsidiary to foreign business entities domiciled in the People’s Republic of China; and (3) submit to the Secretary of Commerce and Congress— (A) the findings of the Director of the Office of Science and Technology Policy with respect to the reviews conducted under paragraph (1); and (B) the recommendations developed under paragraph (2). 11. Study on emerging science and technology challenges faced by the united states and recommendations to address them (a) Short title This section may be cited as the National Strategy to Ensure American Leadership Act of 2021 or the National SEAL Act of 2021 . (b) Study (1) In general The Secretary of Commerce (referred to in this section as the Secretary ) shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a study— (A) to identify the 10 most critical emerging science and technology challenges facing the United States; and (B) to develop recommendations for legislative or administrative action to ensure United States leadership in matters relating to such challenges. (2) Elements The study conducted under paragraph (1) shall include identification, review, and evaluation of the following: (A) Matters pertinent to identification of the challenges described in paragraph (1)(A). (B) Matters relating to the recommendations developed under paragraph (1)(B), including with respect to education and workforce development necessary to address each of the challenges identified under paragraph (1)(A). (C) Matters related to the review of key technology areas by the Directorate for Technology and Innovation of the National Science Foundation under section 8A(d) of the National Science Foundation Act of 1950. (D) An assessment of the current relative balance in leadership in addressing the challenges identified in paragraph (1)(A) between the United States, allies or key partners of the United States, and the People’s Republic of China. (3) Timeframe (A) Agreement The Secretary shall seek to enter into the agreement required by paragraph (1) on or before the date that is 60 days after the date of enactment of this Act. (B) Findings Under an agreement entered into under paragraph (1), the National Academies of Sciences, Engineering, and Medicine shall, not later than 1 year after the date on which the Secretary and the National Academies enter into such agreement, transmit to the Secretary the findings of the National Academies with respect to the study conducted pursuant to such agreement. (c) Report (1) In general Not later than 30 days after the date on which the Secretary receives the findings of the National Academies of Sciences, Engineering, and Medicine with respect to the study conducted under subsection (b), the Secretary shall submit to Congress a Strategy to Ensure American Leadership report on such study. (2) Contents The report submitted under paragraph (1) shall include the following: (A) The findings of the National Academies of Sciences, Engineering, and Medicine with respect to the study conducted under subsection (b). (B) The conclusions of the Secretary with respect to such findings. (C) The recommendations developed under subsection (b)(1)(B). (D) Such other recommendations for legislative or administrative action as the Secretary may have with respect to such findings and conclusions. (3) Classified annex The report submitted under paragraph (1) shall be submitted in unclassified form, but may include a classified annex if the Secretary determines appropriate. (d) Information from federal agencies (1) In general The National Academies of Sciences, Engineering, and Medicine may secure directly from a Federal department or agency such information as the National Academies of Sciences, Engineering, and Medicine consider necessary to carry out the study under subsection (b). (2) Furnishing information On request of the National Academies of Sciences, Engineering, and Medicine for information, the head of the department or agency shall furnish such information to the National Academies of Sciences, Engineering, and Medicine. (e) Consultation The Secretary of Defense and the Director of National Intelligence shall provide support upon request from the Secretary of Commerce or the National Academies to carry out this section. (f) Non-Duplication of effort In carrying out subsection (b), the Secretary shall, to the degree practicable, coordinate with the steering committee established under section 236(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). 12. Coordination of activities The Director of the Office of Science and Technology Policy, the Director of the National Economic Council, the Director of the Office of Management and Budget, the Director of the National Science Foundation, the Secretary of Commerce, and the Secretary of Energy shall, as applicable, coordinate with respect to activities of— (1) the university technology centers established under section 8A(d)(6) of the National Science Foundation Act of 1950; (2) the regional technology hubs under section 28 of the Stevenson-Wydler Technology Innovation Act of 1980, as added by section 7; (3) the Manufacturing USA Program established under section 34(b)(1) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278s(b)(1) ); (4) federally funded research and development centers; (5) National Laboratories, as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 ); and (6) Federal laboratories, as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 ). 13. Person or entity of concern prohibition No person published on the list under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( Public Law 105–261 ; 50 U.S.C. 1701 note) or entity identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) may receive or participate in any grant, award, program, support, or other activity under— (1) section 8A of the National Science Foundation Act of 1950 ( Public Law 81–507 ), as added by section 3; (2) the Endless Frontier Fund under section 4; (3) the supply chain resiliency program under section 6; (4) section 28(b)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ), as added by section 7(a); (5) section 29 of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ), as added by section 8; or (6) the Manufacturing USA Program, as improved and expanded under section 9. | https://www.govinfo.gov/content/pkg/BILLS-117s1260is/xml/BILLS-117s1260is.xml |
117-s-1261 | II 117th CONGRESS 1st Session S. 1261 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Cotton (for himself, Mrs. Blackburn , Ms. Ernst , Mr. Hawley , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and the relevant State and local law enforcement agencies whenever information contained in the system indicates that an alien who is illegally or unlawfully in the United States attempted to receive a firearm.
1. Short title This Act may be cited as the Illegal Alien NICS Alert Act . 2. Required notification by NICS to ICE and State and local law enforcement agencies of attempted receipt of firearm by alien who is illegally or unlawfully in the United States Section 103(e) of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901(e) ) is amended by adding at the end the following: (3) Notification to ICE and State and local law enforcement agencies of attempted receipt of firearm by person illegally or unlawfully in the United States Whenever information contained in the system established under this section indicates that a prospective firearm transferee is illegally or unlawfully in the United States, the system shall automatically notify U.S. Immigration and Customs Enforcement and relevant State and local law enforcement agencies that an alien may have attempted to receive a firearm in violation of section 922(g)(5)(A) of title 18, United States Code, and include all relevant information contained in the system. . | https://www.govinfo.gov/content/pkg/BILLS-117s1261is/xml/BILLS-117s1261is.xml |
117-s-1262 | II 117th CONGRESS 1st Session S. 1262 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Risch (for himself, Mr. King , Mr. Scott of South Carolina , Ms. Baldwin , Ms. Collins , Mr. Cornyn , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To exempt certain 16- and 17-year-old individuals employed in logging operations from child labor laws.
1. Short title This Act may be cited as the Future Logging Careers Act . 2. Child labor law exemptions for logging operations The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) is amended— (1) in section 3 ( 29 U.S.C. 203 ), by adding at the end the following: (z) Logging operation — (1) means— (A) a mechanized operation; (B) the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products; (C) the collecting, skidding, yarding, loading, transporting, or unloading of such products in connection with the activities described in this paragraph; (D) the constructing, repairing, or maintaining of— (i) roads or camps used in connection with the activities described in this paragraph; or (ii) machinery or equipment used in the activities described in this paragraph; or (E) any other work performed in connection with the activities described in this paragraph; and (2) does not include the manual use of chainsaws to fell or process timber or the use of cable skidders to bring the timber to the landing. (aa) Mechanized operation — (1) means the felling, skidding, yarding, loading, or processing of timber by equipment other than manually operated chainsaws or cable skidders; and (2) includes the use of whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull-through delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders. ; and (2) in section 13(c) ( 29 U.S.C. 213(c) ), by adding at the end the following: (8) The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging operation owned or operated by such parent or person. . | https://www.govinfo.gov/content/pkg/BILLS-117s1262is/xml/BILLS-117s1262is.xml |
117-s-1263 | II 117th CONGRESS 1st Session S. 1263 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Schatz (for himself, Mrs. Gillibrand , Mr. Merkley , Mr. Booker , Mr. Brown , Ms. Baldwin , Mr. Blumenthal , Mr. Durbin , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish State-Federal partnerships to provide students the opportunity to attain higher education at in-State public institutions of higher education without debt, to provide Federal Pell Grant eligibility to DREAMer students, and for other purposes.
1. Short title This Act may be cited as the Debt-Free College Act of 2021 . 2. Debt-free college partnership Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) is amended by adding at the end the following: J Debt-Free College Partnership 499A–1. Purpose The purpose of this part is to establish State-Federal partnerships that will— (1) increase investment in public higher education; and (2) provide students the opportunity to attain higher education at in-State public institutions of higher education without debt ( debt-free college ). 499A–2. Definitions In this part: (1) College completion program The term college completion program means a program or service at an institution of higher education that is dedicated to addressing barriers to degree attainment, particularly for low-income students, for the purpose of increasing the percentage of students completing programs of study in their entirety and attaining related degrees. (2) Cost of attendance The term cost of attendance means— (A) tuition and fees normally assessed a student carrying the same academic workload as determined by the institution, and including costs for rental or purchase of any equipment, materials, or supplies required of all students in the same course of study; (B) an allowance for books, supplies, transportation, and miscellaneous personal expenses, including a reasonable allowance for the documented rental or purchase of a personal computer, for a student attending the institution on at least a half-time basis, as determined by the institution; and (C) an allowance (determined by the institution) for room and board costs incurred by the student which— (i) shall be an allowance determined by the institution for a student without dependents residing at home with parents; (ii) for students without dependents residing in institutionally owned or operated housing, shall be a standard allowance determined by the institution based on the amount normally assessed most of its residents for room and board; (iii) for students who live in housing located on a military base or for which a basic allowance is provided under section 403(b) of title 37, United States Code, shall be an allowance based on the expenses reasonably incurred by such students for board but not for room; and (iv) for all other students shall be an allowance based on the expenses reasonably incurred by such students for room and board. (3) Debt-free college commitment The term debt-free college commitment means a commitment by a State participating in the State-Federal partnership under this part to cover the unmet financial need for all eligible students. (4) Eligible student The term eligible student means an individual who— (A) is enrolled, or is eligible to enroll, in a public institution of higher education in the State in which the individual resides; (B) completes a Free Application for Federal Student Aid or demonstrates eligibility for a Federal Pell Grant through institutional financial aid eligibility forms; and (C) demonstrates satisfactory academic progress, as defined under the Federal Pell Grant program under subpart 1 of part A, once enrolled in a public institution of higher education in the State in which the individual resides. (5) Full-time equivalent students The term full-time equivalent students means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time, which shall be defined and calculated in the manner determined most appropriate by the Secretary. (6) Net State operating support The term net State operating support means an amount that is equal to the amount of State funds and local government appropriations used to support public higher education annual operating expenses in the State, calculated in accordance with subparagraphs (A) and (B). (A) Calculation A State’s net State operating support shall, for a fiscal year, be an amount that is equal to the difference resulting from the gross amount of State funds appropriated and disbursed by the State and expended by the recipient institutions in the fiscal year for public higher education operating expenses in the State, minus— (i) such appropriations that are returned to the State; (ii) State-appropriated funds derived from Federal sources, including funds provided under this part; (iii) local government funds not appropriated for operating support for public higher education; (iv) amounts that are portions of multi-year appropriations to be distributed over multiple years that are not to be spent for the year for which the calculation is being made; (v) tuition charges remitted to the State to offset State appropriations; (vi) State funding for students in non-credit continuing or adult education courses and non-credit extension courses; (vii) sums appropriated to private nonprofit institutions of higher education, or to proprietary institutions of higher education, for capital outlay or operating expenses; and (viii) any other funds excluded under subparagraph (B). (B) Exclusions Net State operating support does not include— (i) funds for— (I) student aid programs that provide grants to students attending in-State private nonprofit institutions of higher education, in-State proprietary institutions of higher education, independent institutions, and out-of-State institutions; (II) capital outlay; (III) deferred maintenance; or (IV) research and development; or (ii) any other funds that the Secretary may exclude. (7) Net State operating support per FTE student The term net State operating support per FTE student means, for a fiscal year— (A) the net State operating support for the previous fiscal year; divided by (B) the full-time equivalent students for the previous fiscal year. (8) Partnership Office The term Partnership Office means the Office created under section 499A–4(a). (9) Public institution of higher education The term public institution of higher education means an educational institution in any State that— (A) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who are eligible students; (B) is legally authorized within such State to provide a program of education beyond secondary education; (C) provides an educational program for which the institution awards a bachelor’s degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary; (D) has the full faith and credit of the State; and (E) is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation status, and the Secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time. (10) Relevant committees of congress The term relevant committees of Congress means the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives. (11) Unmet need The term unmet need means the difference between a student’s cost of attendance to attend an in-State public institution of higher education and the student’s expected family contribution plus any Federal, State, or local sources of grant aid. 499A–3. Establishment of a State-Federal partnership grant program (a) Grants authorized The Secretary shall award grants to States to establish State-Federal partnerships with a goal of providing debt-free college for all eligible students at in-State public institutions of higher education. (b) Application A State that desires to participate in the State-Federal partnership under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (c) Amount of grants (1) In general The Secretary shall award a grant to a State that submits an application under subsection (b) for a fiscal year in an amount that is equal to State's net State operating support. (2) Ratable reduction If the amount appropriated to carry out this part for a fiscal year is insufficient to award each State the State's full grant amount pursuant to paragraph (1), the Secretary shall establish procedures for ratably reducing each State's award amount for such fiscal year. (d) Amounts not expended Any amount of a grant awarded under this part that is not expended on allowable expenditures by the end of the fiscal year for which the grant was awarded shall be applied to the following year’s grant award amount, if the State remains eligible to receive a grant under this part for such following year. If such State is not eligible to receive a grant under this part for such following year, the State shall return the unexpended balance amount to the Federal Government. 499A–4. State-Federal partnership responsibilities (a) Federal (1) In general The Secretary shall create an office in the Department of Education to administer the State-Federal partnerships established under this part. Such Partnership Office shall be responsible for— (A) administering grant awards; (B) monitoring compliance with partnership requirements; (C) providing technical assistance to States in applying for participation in, and implementing, a partnership; and (D) providing information to students in participating States. (2) Evaluations The Partnership Office shall develop metrics of evaluation and perform an annual evaluation of each State participating in a State-Federal partnership under this part. The evaluation shall assess the State's success in meeting the partnership’s goals, including— (A) providing debt-free college for all eligible students; (B) increasing State investment in higher education; (C) maintaining access to in-State public institutions of higher education for low-income and underserved students; (D) maintaining and improving rates of college completion and academic quality; (E) maintaining or reducing the cost of public higher education and the price charged to students; and (F) investing in improving capacity, access, quality, and student achievement of in-State public institutions of higher education. (3) Annual report The Partnership Office shall submit an annual report to the relevant committees of Congress and include information gained from the annual evaluation under paragraph (2). (4) Website The Partnership Office shall create a public, consumer-oriented website with information about State-Federal partnerships established under this part, including information from the annual evaluation under paragraph (2). (b) State (1) In general A State that receives a grant under this part to establish a State-Federal partnership shall— (A) distribute the grant funds according to the allowable uses of funds described in section 499A–5 in a manner designed to best achieve the partnership’s goal of providing debt-free college for all eligible students at in-State public institutions of higher education; (B) maintain access at each in-State public institution of higher education for low-income and underserved students; (C) cap tuition and fees at public institutions of higher education in the State at levels as of the date of enactment of the Debt-Free College Act of 2021 , with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary); (D) commit to working with in-State public institutions of higher education to reduce tuition and fees as the net State operating support increases; (E) maintain State need-based financial aid programs in effect on the date of enactment of the Debt-Free College Act of 2021 or use State funds for such programs to further the debt-free commitment made under the State-Federal partnership; (F) maintain or increase levels of net State operating support in effect on the date of enactment of the Debt-Free College Act of 2021 , subject to the maintenance of effort provisions contained in this part; (G) develop, adopt, and implement a State formula for calculating the cost of attendance at in-State public institutions of higher education; (H) develop statewide credit transfer policies to— (i) facilitate credit transfers among in-State public institutions of higher education; and (ii) provide students with clear and timely information about credit transfer policies at in-State public institutions of higher education; and (I) clearly communicate to prospective students, their families, and the general public how the State plans to implement the State-Federal partnership and how eligible students can attend a public institution of higher education in the State without debt, including early notification for students of their eligibility for financial aid under the partnership. (2) 5-year plan (A) In general In order to receive a grant under this part, a State shall provide to the Secretary a 5-year plan for achieving the goals of the State-Federal partnership. A State shall update and resubmit a plan every 5 years thereafter. (B) Plan to meet goals The 5-year plan shall detail how the State plans to meet the goal of providing debt-free college for all eligible students at in-State public institutions of higher education within 5 years and increase the State’s investment in higher education, with specific benchmarks detailed for each year. (C) Approved by the secretary The 5-year plan, and the State’s annual progress, shall be approved by the Secretary in order for the State to be eligible to receive, or continue receiving, grant funds under the State-Federal Partnership award. (D) Waiver of 5-year deadline A State may apply for a waiver from the deadline of meeting all of the State-Federal partnership’s goals within 5 years if the State— (i) provides a credible plan for making progress towards the goals; and (ii) is able to demonstrate that the State will, at a minimum, provide debt-free college within 5 years to eligible students who are Federal Pell Grant recipients under subpart 1 of part A. (3) No additional eligibility requirements A State that receives a grant under this part to establish a State-Federal partnership may not impose additional eligibility requirements on students other than those contained in this part. 499A–5. Uses of funds (a) In general (1) Need-based aid for pell recipients A State that receives a grant under this part to establish a State-Federal partnership shall disburse funds from the net State operating support and the partnership grant funds on the basis of need, as determined by the Free Application for Federal Student Aid or an institutional financial aid eligibility form, to cover the unmet need for each eligible student who receives a Federal Pell Grant under subpart 1 of part A. (2) Disbursement of remaining funds Any funds that remain after a State disburses funds in accordance with paragraph (1) shall be used by the State to cover part or all of the unmet need for eligible students who do not receive a Federal Pell Grant under subpart 1 of part A, with priority based on student financial need, in a manner determined by the State. (3) No funds in excess of cost of attendance An eligible student shall not receive funds under this part in excess of the student’s actual cost of attendance. (4) Private aid not taken into account In disbursing funds under this paragraph, the State shall not take into account any private sources of aid or loans available to an eligible student. (b) College completion programs (1) In general A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall use 4 percent of the grant funds for such fiscal year to establish or increase funding for college completion programs. (2) Distribution From the total amount of grant funds available under paragraph (1) for a fiscal year, the State shall provide to each public institution of higher education in the State that is eligible to participate in programs under this title for such fiscal year an amount that bears the same relation to such total amount as the number of students enrolled in such institution of higher education who are eligible to receive a Federal Pell Grant bears to the number of students enrolled in all public institutions of higher education in the State who are eligible to receive a Federal Pell Grant. (3) Allowable uses An institution of higher education that receives funds under paragraph (2) shall use such funds to establish, implement, or expand a college completion program, including for the following purposes: (A) Providing information to prospective and current students to assist and improve completion, including creating materials clarifying different program completion requirements and costs, holding seminars for prospective or current students on course schedules and program costs, and updating school websites to make information publically available. (B) Hiring additional counselors and advisors to focus on student completion support and training existing personnel to implement the college completion program. (C) Increasing academic support programs, such as writing coaches, tutors, prerequisite skill courses, and study materials, and enhancing academic facilities for students. (D) Providing microgrants for students participating in the college completion program who maintain good academic standing and progress toward on-time graduation. (4) Reporting (A) Reports from institutions An institution of higher education that receives funds under paragraph (2) shall submit to the State in which the institution is located at the end of each fiscal year a report that details the uses of funds, changes in the ratios of students to counselors, and 2-year and 4-year degree attainment rates, disaggregated by race and Federal Pell Grant recipient status. (B) Suspension If a State determines that an institution of higher education that receives funds under paragraph (2) for a fiscal year used such funds for activities that were not allowable uses under paragraph (3), the State may suspend distribution of funds to the institution for the following fiscal year and require the institution to submit proposed expenditures for approval before receiving funds again under paragraph (2). (C) Report from state A State that receives a grant under this part for a fiscal year to establish a State-Federal partnership shall submit to the Secretary at the end of each fiscal year a report that details the uses of grant funds under this subsection in public institutions of higher education in the State that are eligible to participate in programs under this title, changes in the ratio of students to counselors in such institutions in the State, and 2-year and 4-year degree attainment rates in such institutions in the State, disaggregated by race and Federal Pell Grant recipient status. (c) Higher education related activities A State that receives a grant under this part to establish a State-Federal partnership may use not more than 5 percent of the grant funds for the following higher education related activities: (1) Increasing the capacity within the public higher education system of the State, including through the following: (A) Construction of new facilities. (B) Renovation of existing facilities. (C) Hiring of faculty. (D) Student support services. (2) Increasing the enrollment of low-income and underserved students. (3) Improving student outcomes, including meeting student learning goals, increasing completion rates, and improving post-graduate job placement, in consultation with faculty and staff at in-State public institutions of higher education. (4) Providing information to prospective students and families. (5) Developing new higher education programs to meet the State’s workforce needs, in consultation with faculty and staff at in-State public institutions of higher education, employers, and other relevant stakeholders. (6) Programs and student support services at public secondary schools if those programs and services directly support an activity described in any of paragraphs (1) through (5). (7) Other activities as approved by the Secretary to improve the State’s public higher education system, particularly for low-income and underserved students. (d) Administration and other uses A State that receives a grant under this part to establish a State-Federal partnership may use not more than 1 percent of the grant funds— (1) to administer the partnership; and (2) for— (A) higher education research and data tools, such as those that link education and employment data systems; (B) forming agreements with other States participating in the partnership for reciprocal student eligibility; and (C) developing and implementing systems to provide early notification to students and families of their eligibility for financial aid. (e) Prohibition on use of funds A State that receives a grant under this part to establish a State-Federal partnership may not use grant funds for— (1) endowments; or (2) the construction of athletic or commercial venues. 499A–6. Maintaining net State operating support for higher education (a) In general A State that receives a grant under this part to establish a State-Federal partnership shall maintain net State operating support for a fiscal year at a level that is not less than the level that is equal to the average of such net State operating support for the 3 fiscal years preceding such fiscal year. (b) Waivers (1) In general The Secretary may grant a waiver to a State from the requirement under subsection (a) for a fiscal year, if the State demonstrates that— (A) the net State operating support for such fiscal year as a percentage of total revenue available to the State that will fund higher education for such fiscal year is not less than such percentage for the previous fiscal year; and (B) unexpected or uncontrollable circumstances prevent the State from maintaining such State support. (2) No reduction for subsequent fiscal year If the Secretary grants a State a waiver under paragraph (1) for a fiscal year, a determination of the required level of net State operating support for subsequent fiscal years shall exclude the fiscal year for which the waiver was granted. 499A–7. Oversight (a) In general If a State that receives a grant under this part to establish a State-Federal partnership breaches a term of the partnership, the Partnership Office shall notify the State and provide the State an opportunity to correct the record or cure the breach within 30 days of the notification. (b) Recommendation Based on the State’s response to a notification under subsection (a), the Partnership Office shall recommend that the Secretary— (1) take no action; (2) place the State on probation; or (3) deem the State ineligible to continue to participate in the partnership. (c) Implementation (1) In general Except as provided in paragraph (2), the Secretary shall implement the recommendation of the Partnership Office under subsection (b). (2) Exception (A) In general Subject to subparagraph (B), the Secretary may choose not to implement the recommendation of the Partnership Office under subsection (b). (B) Reasons and report If the Secretary chooses not to implement the recommendation of the Partnership Office under subsection (b), the Secretary shall— (i) provide an explanation for such decision; and (ii) notify the relevant committees of Congress in a report. (d) Probation (1) In general If a State is placed on probation by the Secretary due to a breach of a term of the partnership, the State shall develop a plan to remedy the breach. (2) Withholding With respect to a State that is placed on probation by the Secretary due to a breach of a term of the partnership, the Secretary shall withhold half of the State’s partnership grant award until the breach has been remedied or the State has demonstrated credible progress towards remedying the breach. (e) Ineligibility (1) In general If a State is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, the State shall not receive its partnership grant award for the subsequent year. (2) Remaining ineligible A State that is deemed ineligible to continue to participate in a partnership due to a breach of a term of the partnership, shall remain ineligible for participation until the State has demonstrated that the State meets the partnership’s requirements. 499A–8. State withdrawal or ineligibility (a) In general If a State that receives a grant under this part to establish a State-Federal partnership intends to withdraw from the partnership or becomes ineligible to continue participation under this part, the State shall comply with the requirements of this section, including, if the State intends to withdraw, notifying the Secretary and the Partnership Office 60 days prior to the withdrawal. (b) Continued coverage (1) In general Any unexpended balance from a State-Federal partnership grant award that remains after a State notifies the Partnership Office of the State intention to withdraw from the partnership or becomes ineligible to continue participation under this part shall be placed into an escrow account at the Department and used solely to provide need-based grant aid to an eligible student who has received a Federal Pell Grant under subpart 1 of part A and who was enrolled before the State notified the Partnership Office of the State’s intention to withdraw from the partnership or the State became ineligible. (2) Coverage until students finish program (A) In general A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall continue to cover the unmet need for each eligible student who received a Federal Pell Grant under subpart 1 of part A and who was enrolled before the State notified the Partnership Office of the State's intention to withdraw from the partnership or became ineligible until each such student completes the student’s program of study at the institution or until the allotted time for completion of such program of study expires. (B) Priority In carrying out subparagraph (A), a State shall prioritize funding based on students’ financial need. (3) Communication of information A State that withdraws from a State-Federal partnership or becomes ineligible to continue participation under this part shall communicate its withdrawal or ineligibility, as appropriate, to students and families in the State and provide clear information to eligible students described in paragraph (2)(A) that the students may continue to have their cost of attendance at an in-State public institution of higher education covered. 499A–9. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this part— (1) $84,000,000,000 for fiscal year 2021; and (2) such sums as may be necessary for each fiscal years 2022 through 2031. (b) Availability Funds made available under subsection (a) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated. . 3. Debt-free college grant program for HBCUs and MSIs Part F of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1067q et seq.) is amended by adding at the end the following: 372. Debt-free college grant program for HBCUs and MSIs (a) Definition of eligible institution (1) In general In this section, except as provided in paragraph (2), the term eligible institution means an institution of higher education that is— (A) a private, nonprofit 2-year or 4-year part B institution (as defined in section 322); (B) a Tribal College or University (as defined in section 316); or (C) a private, nonprofit 2-year or 4-year institution— (i) that is— (I) a Hispanic-serving institution (as defined in section 502); (II) an Alaska Native-serving institution (as defined in section 317(b)); (III) a Native Hawaiian-serving institution (as defined in section 317(b)); (IV) a Predominantly Black Institution (as defined in section 318); (V) an Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or (VI) a Native American-serving, nontribal institution (as defined in section 319); and (ii) in which not less than 35 percent of the students enrolled at the institution are eligible to receive a Federal Pell Grant. (2) For-profit institution that converted to a nonprofit institution Notwithstanding paragraph (1), an institution of higher education is not an eligible institution if the institution was a for-profit institution of higher education that converted to a nonprofit institution of higher education and less than 25 years have passed since the date of such conversion. (b) Grant program authorized (1) In general The Secretary shall award grants to eligible institutions to enable the institutions to provide need-based financial aid to cover unmet need for students enrolled at the institutions. (2) Duration Grants awarded under this section shall be for a period of 5 years. (c) Application An eligible institution that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a plan detailing how— (1) the eligible institution will use grant funds to provide debt-free college to the students enrolled at the institution; and (2) the institution plans to meet the requirements of the grant program. (d) Awarding of grants (1) In general (A) In general A grant amount awarded to an eligible institution under this section for a year— (i) shall be in an amount equal to the amount of the institution's expenditures on student undergraduate instruction and academic support for the year; and (ii) shall not be disbursed for the year until the Partnership Office created under section 499A–4(a) reviews and approves the annual update submitted by the institution pursuant to subsection (f). (B) Ratable reduction If the amount appropriated to carry out this section for a fiscal year is insufficient to award each eligible institution the institution's full grant amount pursuant to subparagraph (A), the Secretary shall establish procedures for ratably reducing each institution's award amount for such fiscal year. (2) Waivers (A) In general Subject to subparagraph (B), if the percentage of students eligible to receive a Federal Pell Grant who are enrolled at an eligible institution that receives a grant under this section decreases to less than 35 percent after the first year of the grant award, such institution may apply to the Secretary for a waiver of the requirement that an institution to be eligible to receive a grant under this section have not less than 35 percent of the students enrolled at the institution eligible to receive a Federal Pell Grant. (B) Restrictions on waiver The Secretary shall grant a waiver under subparagraph (A)— (i) only if the decrease in percentage is— (I) small relative to the size of the student body; or (II) the result of unexpected or uncontrollable circumstances; and (ii) not more than 2 times during the 5-year grant period. (e) Use of grant funds (1) In general An eligible institution that receives a grant under this section shall use the grant funds as follows: (A) 95 percent of the grant funds shall be— (i) used to cover the unmet need for financial assistance to attend the institution of students who have not yet earned a bachelor’s degree; and (ii) disbursed according to financial need. (B) 5 percent of the grant funds shall be used for the following activities: (i) Increasing capacity through construction or renovation of facilities. (ii) Hiring faculty. (iii) Student support services. (iv) Other activities to increase enrollment of low-income and underserved students, improve student outcomes, and provide information to prospective students and families, and other activities as approved by the Secretary to improve access, affordability, or quality of the education provided by the institution. (2) Prohibition on use of funds An eligible institution that receives a grant under this section may not use grant funds for endowments or the construction of athletic or commercial venues. (f) Annual update An eligible institution that receives a grant under this section shall submit to the Secretary an annual update— (1) with any changes to the institution's expenditures on student instruction and academic support; and (2) on how the institution is fulfilling the terms of the grant. (g) Terms of the grant (1) Grantee commitment An eligible institution that receives a grant under this section shall carry out the following: (A) Cap tuition and fees at the institution at the level as of the date of enactment of the Debt-Free College Act of 2021 , with a yearly increase allowed based on the Consumer Price Index (as determined by the Secretary). (B) Maintain expenditures on instruction and academic support at the institution at a level that is not less than the average of such expenditures at the institution over the period of 3 years preceding the date of enactment of the Debt-Free College Act of 2021 . (C) Maintain the enrollment of low-income students, as defined by the Secretary, at the institution at a level that is not less than the level of such enrollment as of the date of enactment of the Debt-Free College Act of 2021 . (D) Maintain institutional aid at a level that is not less than the average of such aid over the period of 3 years preceding the date of enactment of the Debt-Free College Act of 2021 . (E) Submit to the Secretary for approval the institution’s calculation of the cost of attendance at such institution. (F) Clearly communicate to prospective students and their families the following: (i) How students can attend the institution without debt. (ii) That a debt-free college education provided pursuant to this section is conditioned upon institutional eligibility and participation under this section and may not apply for each year that the student is enrolled at the institution. (2) Breach of terms of grant (A) In general If an eligible institution that receives a grant under this section breaches a term of the grant, the Partnership Office created under section 499A–4(a) shall notify the institution and provide the institution with an opportunity to correct the record or cure the breach not later than 30 days after the date of the notification. (B) Recommendation The Partnership Office created under section 499A–4(a) shall, after considering the eligible institution's response to a notification under subparagraph (A) or lack of response, make a recommendation to the Secretary that the Secretary— (i) take no action with respect to the eligible institution; (ii) place the eligible institution on probation; or (iii) revoke the eligible institution’s eligibility for the grant program under this section. (C) Probation An eligible institution that is placed on probation by the Secretary shall develop a plan to remedy the breach of the term of the grant. If the eligible institution does not remedy the breach, the Secretary may levy a fine against the institution of an amount not to exceed 1 percent of the annual grant amount. (D) Ineligibility If an eligible institution's eligibility for the grant program under this section has been revoked by the Secretary, such institution shall— (i) place into escrow any unexpended grant funds described in subsection (e)(1)(A) to be disbursed directly to students enrolled at the institution; (ii) return to the Secretary any unexpended funds described in subsection (e)(1)(B); (iii) remain ineligible to receive a grant under this section during the 3-year period after the date eligibility was revoked; and (iv) notify prospective and enrolled students at the institution and their families of such ineligibility for participation in the grant program under this section. (h) Withdrawal An eligible institution that receives a grant under this section that intends to withdraw from the grant program under this section shall— (1) notify the Partnership Office created under section 499A–4(a) not less than 60 days prior to the withdrawal; (2) place into escrow any unexpended grant funds to be disbursed directly to students enrolled at the institution; and (3) notify prospective and enrolled students at the institution and their families of such withdrawal. (i) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section— (A) $3,000,000,000 for fiscal year 2021; and (B) such sums as may be necessary for each fiscal years 2022 through 2031. (2) Availability Funds made available under paragraph (1) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated. . 4. Title IV eligibility for DREAMer students Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 ) is amended— (1) in subsection (a)(5), by inserting , or be a Dreamer student, as defined in subsection (u) after becoming a citizen or permanent resident ; and (2) by adding at the end the following: (u) Dreamer students (1) In general In this section, the term Dreamer student means an individual who— (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school that the student attended in the United States; and (C) (i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; (iii) at any time was eligible for a grant of deferred action under— (I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children ; or (II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents ; or (iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement of paragraph (1)(C). . | https://www.govinfo.gov/content/pkg/BILLS-117s1263is/xml/BILLS-117s1263is.xml |
117-s-1264 | II 117th CONGRESS 1st Session S. 1264 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing permits and leases, and for other purposes.
1. Short title This Act may be cited as the Resiliency for Ranching and Natural Conservation Health Act . 2. Temporary use of vacant grazing allotments for holders of grazing permits or leases during extreme natural events and disasters Title IV of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 et seq.) is amended by adding at the end the following: 405. Vacant grazing allotments made available to holders of grazing permits or leases during extreme natural events and disasters (a) Definition of secretary concerned In this section, the term Secretary concerned means— (1) the Secretary of Agriculture, with respect to National Forest System land; and (2) the Secretary, with respect to public lands. (b) Allotments (1) In general To the maximum extent practicable, the Secretary concerned shall make available to the holder of a grazing permit or lease issued by either Secretary concerned the temporary use of a vacant grazing allotment if 1 or more grazing allotments covered by the grazing permit or lease of the holder of the grazing permit or lease are temporarily unusable, as determined by the Secretary concerned, because of resource conditions from unforeseen natural events or disasters (including an extreme weather event, drought, wildfire, infestation, or blight). (2) Terms and conditions In establishing the terms and conditions in a permit or lease for the temporary use of a vacant grazing allotment made available pursuant to this subsection, the Secretary concerned— (A) shall take into consideration the terms and conditions of the most recent permit or lease that was applicable to the vacant grazing allotment; (B) if there are no terms or conditions available for consideration under subparagraph (A), may assign temporary terms or conditions, after considering ecological conditions of, or terms on, adjacent grazing allotments; (C) shall base the terms and conditions on local ecological conditions, as determined by the applicable official; (D) shall take into consideration other factors, including any prior agency agreement that resolved or sought to resolve a management conflict, including a conflict related to State management of wildlife; and (E) may authorize the placement and use of temporary portable corrals and water troughs on the vacant grazing allotment to accommodate the temporary use. (3) Coordination To the maximum extent practicable, the Secretaries concerned shall coordinate to make available to holders of grazing permits or leases the use of vacant grazing allotments, regardless of agency jurisdiction over vacant grazing allotments, pursuant to paragraphs (1) and (2). (4) Additional considerations; effect (A) Additional considerations For purposes of determining whether to make available the temporary use of a vacant grazing allotment under paragraph (1), the Secretary concerned shall consider whether there is a court-issued injunction in effect as of the date of the determination that constrains or otherwise limits the use of an allotment for which the permit or lease has been issued. (B) Effect The temporary use of a vacant grazing allotment under this subsection shall not— (i) preclude or otherwise alter other ongoing or future actions or assessments evaluating the potential of the vacant grazing allotment to be used or otherwise assigned; or (ii) alter— (I) the terms and conditions of the original grazing permit or lease of the holder of the grazing permit or lease; (II) the preference or ability of the holder of the grazing permit or lease to return to the original allotment once access to, or the use of, the original allotment is restored; or (III) the animal unit months in future authorizations, or conditions of a permit, of the holder of the grazing permit or lease. (c) Duration The Secretary concerned shall determine the duration of the temporary use of a vacant grazing allotment made available pursuant to subsection (b), after considering the period of time necessary for the original allotment of the holder of the grazing permit or lease to return to use, not to exceed 3 consecutive grazing seasons. (d) Guidelines (1) In general Not later than 1 year after the date of enactment of this section, the Secretary concerned shall establish guidelines to expeditiously, efficiently, and effectively carry out activities authorized under this section. (2) Considerations In establishing the guidelines under paragraph (1), the Secretary concerned may consider— (A) eligibility criteria for the holders of grazing permits or leases; (B) prioritizing holders of grazing permits or leases in close proximity to a vacant grazing allotment; (C) any class or change in class of livestock on the temporary use of a vacant grazing allotment, with consideration given to local ecological conditions, disease, wildlife conflicts, and other factors based on localized conditions; (D) processes for coordinating with allotments adjoining or within the vicinity of a vacant grazing allotment; and (E) any other processes intended to expedite procedures for making vacant grazing allotments available during emergent circumstances. . 3. Public rangeland resiliency funds (a) Investment of amounts in the Land and Water Conservation Fund Section 200302 of title 54, United States Code, is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Investment of amounts (1) In general On request of the Secretary, the Secretary of the Treasury may invest any portion of the Fund (including amounts in the Fund that are appropriated but not disbursed) that is not, as determined by the Secretary, required to meet the current needs of the Fund, but not to exceed such amounts as are necessary to generate $15,000,000 in investment income per year under paragraph (2). (2) Requirement An investment of amounts made available under paragraph (1) shall be made by the Secretary of the Treasury in a public debt security— (A) with a maturity suitable for the authorized uses described in subsection (c)(2) of section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 ); and (B) bearing interest at a rate determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity. (3) Range betterment account The income on investments of the Fund under this subsection shall be credited to, and used for purposes of an account established in the Treasury, to be known as the range betterment account , to be used in accordance with subsection (c) of section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 ). . (b) Range betterment account Section 401 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 ) is amended by adding at the end the following: (c) Range betterment account (1) Definition of secretary concerned In this section, the term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary, with respect to public lands. (2) Use of funds Of the amounts available in the account established under section 200302(c)(3) of title 54, United States Code (referred to in this subsection as the account )— (A) $10,000,000 shall be made available for each fiscal year to carry out rangeland improvement projects under subsection (b)(1), including for all forms of rangeland betterment, management, and improvement activities, including seeding and reseeding, fence construction, the use of a temporary structure (such as a corral), an invasive plant or weed control measure or treatment, water development, and any other activity that advances healthy rangeland improvement, habitat, and resiliency; and (B) $5,000,000 shall be available for each fiscal year to enhance, expand, or improve access opportunities producing co-benefits for hunting and recreation activities on public lands or National Forest System land under the jurisdiction of the Secretary concerned through public access agreements (including cooperative agreements or special use agreements) that improve or provide for permanent, temporary, or seasonal access to private land through which individuals would need to traverse to access the public lands or National Forest System land, subject to paragraph (5)(B). (3) Additional funds Amounts made available from the account for rangeland improvement projects under paragraph (2), shall be— (A) available, without further appropriation; and (B) in addition to amounts received from fees or other appropriations for those projects or public access agreements. (4) Availability To provide sufficient flexibility for multiyear contracts, procurement, and agreements, amounts made available under subsection (b)(1) and paragraph (2) shall remain available for expenditure, without fiscal year limitation, until expended. (5) Coordination; agreements (A) Rangeland improvement projects (i) Coordination In carrying out rangeland improvement projects using amounts made available under subsection (b)(1) and paragraph (2)(A), the Secretary concerned shall coordinate with holders of grazing permits or leases to ensure collaborative and coordinated efforts. (ii) Cooperative agreements The Secretary concerned may enter into a cooperative agreement with the holder of a grazing permit or lease to carry out rangeland improvement projects using amounts made available under subsection (b)(1) and paragraph (2)(A) that would benefit land, regardless of ownership, within the grazing allotment associated with the applicable grazing permit or lease. (B) Public access agreements (i) Requirements, prohibitions, and authorizations A public access agreement entered into under paragraph (2)(B)— (I) shall— (aa) be negotiated by the Secretary concerned with willing landowners; (bb) establish the terms of the public access or any enhancement project carried out under the public access agreement, including the duration of the public access agreement; and (cc) be entered into voluntarily by a willing landowner; (II) shall not convey to the public any right to hunt or otherwise carry out recreational activities on the private land subject to the public access agreement; and (III) may— (aa) be entered into without reimbursement to the willing landowner, if the willing landowner volunteers to not receive reimbursement; or (bb) provide for reimbursement by the Secretary concerned, as applicable, to the willing landowner, with the amount of the reimbursement to be determined by the Secretary concerned— (AA) using the principles of roughly equivalent value or another cost or valuation method; and (BB) which may not require a formal appraisal, if the Secretary concerned determines that an appraisal is unnecessary because the valuation is uncomplicated and the anticipated value is estimated to be $10,000 or less, based on a review of available data. (ii) Priority In entering into public access agreements under paragraph (2)(B), the Secretary concerned may give priority to a public access agreement that provides public access to public lands or National Forest System land under the jurisdiction of the Secretary concerned of at least 640 acres with respect to which there is restricted or no public access. (iii) No Federal interest In entering into a public access agreement under paragraph (2)(B), the Secretary concerned shall not acquire a Federal interest in private land and, as a result, shall not be subject to Federal acquisition regulations. (iv) Effect If a landowner elects not to enter into a public access agreement under paragraph (2)(B), the election shall not affect a grazing permit or lease held by the landowner. . 4. Renewal term of grazing permits or leases Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ) is amended— (1) in subsection (a), by striking ten years and inserting not more than 20 years ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking shorter than ten years and inserting of less than 20 years ; (B) in paragraph (1), by striking or at the end; (C) in paragraph (2)— (i) by striking ten years and inserting 20 years ; and (ii) by striking or at the end; (D) by redesignating paragraph (3) as paragraph (4); (E) by inserting after paragraph (2) the following: (3) the initial environmental analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to a grazing allotment, permit, or lease has not been completed; or ; and (F) in paragraph (4) (as so redesignated)— (i) in the first proviso, by striking shorter than ten years and inserting of less than 20 years ; and (ii) in the second proviso— (I) by striking shorter than ten years and inserting of less than 20 years ; and (II) by striking items (1) through (3) of this subsection and inserting paragraphs (1) through (4) . 5. NEPA review in renewal of grazing permits and leases and certain actions during extreme natural events and disasters Section 402(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752(h) ) is amended by adding at the end the following: (3) Renewal The Secretary or the Secretary of Agriculture, as applicable, shall be subject to a rebuttable presumption that use of a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) would apply with respect to the renewal of a grazing permit or lease under this section, if— (A) the renewal of the grazing permit or lease is consistent, or substantially consistent, with the use authorized in the permit or lease being renewed; (B) the renewal of the grazing permit or lease is the same as, or has a minor adjustment in, as determined by the Secretary or the Secretary of Agriculture, as applicable, the season of use authorized in the permit or lease being renewed; or (C) the applicable permittee or lessee is in compliance with the terms, conditions, and applicable regulations of the permit or lease being renewed. (4) Authorized use during emergencies and natural events and disasters The Secretary or the Secretary of Agriculture, as applicable, shall be subject to a rebuttable presumption that use of a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) would apply to the temporary use of a vacant grazing allotments or other minor adjustment in terms and conditions of a permit or lease necessary to respond and adapt to resource conditions, if— (A) there is an unforeseen, uncontrollable natural event or disaster (including extreme weather conditions, drought, and infestation), that impedes the use by the permittee or lessee of the grazing allotment under established terms and conditions; (B) the use of the vacant grazing allotment or the adjustment in the authorized use would be limited to 2 grazing seasons; (C) a temporary adjustment in the existing season of use to immediately respond to localized resource conditions does not fluctuate more than 14 days prior to, or immediately following, the existing season of use date; (D) the permittee or lessee is in compliance with— (i) all other terms and conditions of the applicable permit or lease; and (ii) any applicable regulations; (E) the vacant grazing allotment considered for temporary use pursuant to section 405 has been assessed or evaluated; and (F) the use of the vacant grazing allotment or adjustment in the authorized use does not alter the original grazing allotment of the permittee or lessee. . | https://www.govinfo.gov/content/pkg/BILLS-117s1264is/xml/BILLS-117s1264is.xml |
117-s-1265 | II 117th CONGRESS 1st Session S. 1265 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Wyden (for himself, Mr. Paul , Mr. Leahy , Mr. Lee , Mr. Markey , Mr. Daines , Ms. Baldwin , Ms. Warren , Mr. Brown , Mr. Schatz , Mr. Booker , Mr. Sanders , Mr. Merkley , Mr. Tester , Mr. Heinrich , Ms. Hirono , Mrs. Murray , Mr. Schumer , Mr. Blumenthal , and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend section 2702 of title 18, United States Code, to prevent law enforcement and intelligence agencies from obtaining subscriber or customer records in exchange for anything of value, to address communications and records in the possession of intermediary internet service providers, and for other purposes.
1. Short title This Act may be cited as the Fourth Amendment Is Not For Sale Act . 2. Protection of records held by data brokers Section 2702 of title 18, United States Code, is amended by adding at the end the following: (e) Prohibition on obtaining in exchange for anything of value certain records and information by law enforcement and intelligence agencies (1) Definitions In this subsection— (A) the term covered customer or subscriber record means a covered record that is— (i) disclosed to a third party by— (I) a provider of an electronic communication service to the public or a provider of a remote computing service of which the covered person with respect to the covered record is a subscriber or customer; or (II) an intermediary service provider that delivers, stores, or processes communications of such covered person; (ii) collected by a third party from an online account of a covered person; or (iii) collected by a third party from or about an electronic device of a covered person; (B) the term covered person means— (i) a person who is located inside the United States; or (ii) a person— (I) who is located outside the United States or whose location cannot be determined; and (II) who is a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); (C) the term covered record means a record or other information that— (i) pertains to a covered person; and (ii) is— (I) a record or other information described in the matter preceding paragraph (1) of subsection (c); (II) the contents of a communication; or (III) location information; (D) the term electronic device has the meaning given the term computer in section 1030(e); (E) the term illegitimately obtained information means a covered record that— (i) was obtained— (I) from a provider of an electronic communication service to the public or a provider of a remote computing service in a manner that— (aa) violates the service agreement between the provider and customers or subscribers of the provider; or (bb) is inconsistent with the privacy policy of the provider; (II) by deceiving the covered person whose covered record was obtained; or (III) through the unauthorized accessing of an electronic device or online account; or (ii) was— (I) obtained from a provider of an electronic communication service to the public, a provider of a remote computing service, or an intermediary service provider; and (II) collected, processed, or shared in violation of a contract relating to the covered record; (F) the term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ); (G) the term location information means information derived or otherwise calculated from the transmission or reception of a radio signal that reveals the approximate or actual geographic location of a customer, subscriber, or device; (H) the term obtain in exchange for anything of value means to obtain by purchasing, to receive in connection with services being provided for consideration, or to otherwise obtain in exchange for consideration, including an access fee, service fee, maintenance fee, or licensing fee; (I) the term online account means an online account with an electronic communication service to the public or remote computing service; (J) the term pertain , with respect to a person, means— (i) information that is linked to the identity of a person; or (ii) information— (I) that has been anonymized to remove links to the identity of a person; and (II) that, if combined with other information, could be used to identify a person; and (K) the term third party means a person who— (i) is not a governmental entity; and (ii) in connection with the collection, disclosure, obtaining, processing, or sharing of the covered record at issue, was not acting as— (I) a provider of an electronic communication service to the public; or (II) a provider of a remote computing service. (2) Limitation (A) In general A law enforcement agency of a governmental entity and an element of the intelligence community may not obtain from a third party in exchange for anything of value a covered customer or subscriber record or any illegitimately obtained information. (B) Indirectly acquired records and information The limitation under subparagraph (A) shall apply without regard to whether the third party possessing the covered customer or subscriber record or illegitimately obtained information is the third party that initially obtained or collected, or is the third party that initially received the disclosure of, the covered customer or subscriber record or illegitimately obtained information. (3) Limit on sharing between agencies An agency of a governmental entity that is not a law enforcement agency or an element of the intelligence community may not provide to a law enforcement agency of a governmental entity or an element of the intelligence community a covered customer or subscriber record or illegitimately obtained information that was obtained from a third party in exchange for anything of value. (4) Prohibition on use as evidence A covered customer or subscriber record or illegitimately obtained information obtained by or provided to a law enforcement agency of a governmental entity or an element of the intelligence community in violation of paragraph (2) or (3), and any evidence derived therefrom, may not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof. (5) Minimization procedures (A) In general The Attorney General shall adopt specific procedures that are reasonably designed to minimize the acquisition and retention, and prohibit the dissemination, of information pertaining to a covered person that is acquired in violation of paragraph (2) or (3). (B) Use by agencies If a law enforcement agency of a governmental entity or element of the intelligence community acquires information pertaining to a covered person in violation of paragraph (2) or (3), the law enforcement agency of a governmental entity or element of the intelligence community shall minimize the acquisition and retention, and prohibit the dissemination, of the information in accordance with the procedures adopted under subparagraph (A). . 3. Required disclosure Section 2703 of title 18, United States Code, is amended by adding at the end the following: (i) Covered customer or subscriber records and illegitimately obtained information (1) Definitions In this subsection, the terms covered customer or subscriber record , illegitimately obtained information , and third party have the meanings given such terms in section 2702(e). (2) Limitation Unless a governmental entity obtains an order in accordance with paragraph (3), the governmental entity may not require a third party to disclose a covered customer or subscriber record or any illegitimately obtained information if a court order would be required for the governmental entity to require a provider of remote computing service or a provider of electronic communication service to the public to disclose such a covered customer or subscriber record or illegitimately obtained information that is a record of a customer or subscriber of the provider. (3) Orders (A) In general A court may only issue an order requiring a third party to disclose a covered customer or subscriber record or any illegitimately obtained information on the same basis and subject to the same limitations as would apply to a court order to require disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider. (B) Standard For purposes of subparagraph (A), a court shall apply the most stringent standard under Federal statute or the Constitution of the United States that would be applicable to a request for a court order to require a comparable disclosure by a provider of remote computing service or a provider of electronic communication service to the public of a record of a customer or subscriber of the provider. . 4. Intermediary service providers (a) Definition Section 2711 of title 18, United States Code, is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) the term intermediary service provider means an entity or facilities owner or operator that directly or indirectly delivers, stores, or processes communications for or on behalf of a provider of electronic communication service to the public or a provider of remote computing service. . (b) Prohibition Section 2702(a) of title 18, United States Code, is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking and at the end; (3) in paragraph (3), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (4) an intermediary service provider shall not knowingly divulge— (A) to any person or entity the contents of a communication while in electronic storage by that provider; or (B) to any governmental entity a record or other information pertaining to a subscriber to or customer of, a recipient of a communication from a subscriber to or customer of, or the sender of a communication to a subscriber to or customer of, the provider of electronic communication service to the public or the provider of remote computing service for, or on behalf of, which the intermediary service provider directly or indirectly delivers, transmits, stores, or processes communications. . 5. Limits on surveillance conducted for foreign intelligence purposes other than under the Foreign Intelligence Surveillance Act of 1978 (a) In general Section 2511(2)(f) of title 18, United States Code, is amended to read as follows: (f) (i) (A) Nothing contained in this chapter, chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) shall be deemed to affect an acquisition or activity described in clause (B) that is carried out utilizing a means other than electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). (B) An acquisition or activity described in this clause is— (I) an acquisition by the United States Government of foreign intelligence information from international or foreign communications that— (aa) is acquired pursuant to express statutory authority; or (bb) only includes information of persons who are not United States persons and are located outside the United States; or (II) a foreign intelligence activity involving a foreign electronic communications system that— (aa) is conducted pursuant to express statutory authority; or (bb) only involves the acquisition by the United States Government of information of persons who are not United States persons and are located outside the United States. (ii) The procedures in this chapter, chapter 121, and the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted. . (b) Exclusive means related to communications records The Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic communications transactions records, call detail records, or other information from communications of United States persons or persons inside the United States are acquired for foreign intelligence purposes inside the United States or from a person or entity located in the United States that provides telecommunications, electronic communication, or remote computing services. (c) Exclusive means related to location information, web browsing history, and internet search history (1) Definition In this subsection, the term location information has the meaning given that term in subsection (e) of section 2702 of title 18, United States Code, as added by section 2 of this Act. (2) Exclusive means Title I and sections 303, 304, 703, 704, and 705 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive means by which location information, web browsing history, and Internet search history of United States persons or persons inside the United States are acquired for foreign intelligence purposes inside the United States or from a person or entity located in the United States. (d) Exclusive means related to fourth amendment-Protected information Title I and sections 303, 304, 703, 704, and 705 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq., 1823, 1824, 1881b, 1881c, 1881d) shall be the exclusive means by which any information, records, data, or tangible things are acquired for foreign intelligence purposes from a person or entity located in the United States if the compelled production of such information, records, data, or tangible things would require a warrant for law enforcement purposes. (e) Definition In this section, the term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). 6. Limit on civil immunity for providing information, facilities, or technical assistance to the Government absent a court order Section 2511(2)(a) of title 18, United States Code, is amended— (1) in subparagraph (ii), by striking clause (B) and inserting the following: (B) a certification in writing— (I) by a person specified in section 2518(7) or the Attorney General of the United States; (II) that the requirements for an emergency authorization to intercept a wire, oral, or electronic communication under section 2518(7) have been met; and (III) that the specified assistance is required, ; and (2) by striking subparagraph (iii) and inserting the following: (iii) For assistance provided pursuant to a certification under subparagraph (ii)(B), the limitation on causes of action under the last sentence of the matter following subparagraph (ii)(B) shall only apply to the extent that the assistance ceased at the earliest of the time the application for a court order was denied, the time the communication sought was obtained, or 48 hours after the interception began. . | https://www.govinfo.gov/content/pkg/BILLS-117s1265is/xml/BILLS-117s1265is.xml |
117-s-1266 | II 117th CONGRESS 1st Session S. 1266 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Young (for himself and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand the renewable electricity production credit to include electricity produced from hydrogen.
1. Short title This Act may be cited as the Hydrogen Utilization and Sustainability Act . 2. Expansion of renewable electricity production credit to include electricity produced from hydrogen (a) In general Section 45 of the Internal Revenue Code of 1986 is amended— (1) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (H), by striking and at the end; (ii) in subparagraph (I), by striking the period at the end and inserting , and ; and (iii) by adding at the end the following new subparagraph: (J) qualified hydrogen. ; and (B) by adding at the end the following new paragraph: (11) Qualified hydrogen The term qualified hydrogen means, with respect to any taxable year, hydrogen fuel which has been certified prior to such year by the Secretary of Energy (in consultation with the Secretary) as having a carbon intensity of not greater than 75 grams of CO 2 e per kilowatt hour of electricity produced, as determined based on a lifecycle analysis. ; and (2) in subsection (d), by adding at the end the following new paragraph: (12) Hydrogen facility (A) In general In the case of a facility using qualified hydrogen to produce electricity, the term qualified facility means any facility owned by the taxpayer— (i) for which not less than 70 percent of the electricity produced at such facility during any taxable year is attributable to the use of qualified hydrogen, and (ii) (I) the construction of which begins before January 1, 2024, or (II) which— (aa) was originally placed in service before the date of enactment of this paragraph and, prior to the modification described in item (bb), did not use hydrogen to produce electricity, and (bb) before January 1, 2024, is modified to use qualified hydrogen to produce electricity. (B) Modification For purposes of subparagraph (A)(ii)(II)(bb), a facility shall be treated as modified before January 1, 2024, if the construction of such modification begins before such date. (C) Election If the owner of the facility described in subparagraph (A) makes an election under this subparagraph in such time and manner as the Secretary may prescribe by regulations, the credit under this section— (i) shall be allowable to the person that leases and operates such facility, and (ii) shall not be allowable to the owner of such facility. (D) Special rules (i) Exclusion of electricity not produced from qualified hydrogen For purposes of subsection (a)(2), the total amount of kilowatt hours of electricity produced by the taxpayer at a qualified facility described in subparagraph (A) for any taxable year shall be equal to the product of— (I) the total amount of kilowatt hours of electricity produced by the taxpayer at such facility for such taxable year, multiplied by (II) an amount equal to the quotient of— (aa) the amount of qualified hydrogen used at such facility to produce such electricity (as determined on the basis of Btu content), divided by (bb) the total amount of fuel used at such facility to produce such electricity (as determined on the basis of Btu content). (ii) Adjustment for negative carbon intensity (I) In general For purposes of subsection (a)(2), the total amount of kilowatt hours of electricity produced by the taxpayer at a qualified facility described in subparagraph (A) for any taxable year (as determined after application of clause (i)) shall be increased by an amount equal to the applicable percentage of such total amount. (II) Applicable percentage For purposes of subclause (I), the applicable percentage for a qualified facility for any taxable year is the amount (expressed as a percentage) equal to the product of— (aa) 1 percentage point, multiplied by (bb) an amount equal to the quotient of— (AA) the total amount of carbon dioxide (expressed in metric tons) which is removed from the atmosphere during such taxable year through the use of qualified hydrogen (as determined pursuant to a certification of negative carbon intensity for such hydrogen under subsection (c)(11)) at such qualified facility, divided by (BB) 1,000. . (b) Effective date The amendments made by this section shall take effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1266is/xml/BILLS-117s1266is.xml |
117-s-1267 | II 117th CONGRESS 1st Session S. 1267 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Schatz (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To extend certain deadlines for the 2020 decennial census.
1. Short title This Act may be cited as the 2020 Census Deadline Extensions Act . 2. Census deadline modification (a) Definitions In this section— (1) the term President means the President of the United States; and (2) the term Secretary means the Secretary of Commerce. (b) Modified timetables and rules Notwithstanding subsections (b) and (c) of section 141 of title 13, United States Code, and subsection (a) of section 22 of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), the following timetables and rules shall apply to the 2020 decennial census of population: (1) Not later than May 1, 2021, the Secretary shall— (A) complete the tabulation of total population by States required under subsection (a) of such section 141; (B) report the tabulation described in subparagraph (A) to the President; and (C) make the tabulation described in subparagraph (A) public. (2) Not later than 14 days after receipt of the tabulation described in paragraph (1)(A), the President shall transmit to Congress the statement described in subsection (a) of such section 22. (3) Each State shall be entitled, in the 118th Congress and in each Congress thereafter until the taking effect of a reapportionment under such section 22 or a subsequently enacted statute, to the number of Representatives shown in the statement described in paragraph (2), and no State shall receive less than 1 Member. (4) Not later than 15 days after receipt of the statement described in paragraph (2), the Clerk of the House of Representatives shall send to the executive of each State a certificate of the number of Representatives to which the State is entitled under paragraph (3). In the case of a vacancy in the Office of Clerk, or of the absence or inability of the Clerk to discharge that duty, that duty shall devolve upon the Sergeant at Arms of the House of Representatives. (5) The Secretary shall— (A) complete the tabulations of population required under subsection (c) of such section 141 as expeditiously as possible after the deadline described in paragraph (4) of this subsection, taking into account the deadlines of each State for legislative apportionment or districting; and (B) report the tabulations described in subparagraph (A) as required under subsection (c) of such section 141 not later than October 1, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1267is/xml/BILLS-117s1267is.xml |
117-s-1268 | II 117th CONGRESS 1st Session S. 1268 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Blumenthal (for himself and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to finalize rules to protect consumers from the risks of motor vehicle rollaways and carbon monoxide poisoning from keyless ignition motor vehicles, and for other purposes.
1. Short title This Act may be cited as the Protecting Americans from the Risks of Keyless Ignition Technology Act or the PARK IT Act . 2. Rulemaking to install automatic shutoff systems and rollaway prevention technology in motor vehicles (a) Definitions In this section: (1) Key The term key has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or successor regulations). (2) Manufacturer The term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code. (3) Motor vehicle (A) In general The term motor vehicle has the meaning given the term in section 30102(a) of title 49, United States Code. (B) Exclusions The term motor vehicle does not include— (i) a motorcycle or trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations) (or successor regulations); (ii) any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight; or (iii) for purposes of subsection (b), a battery electric vehicle. (4) Secretary The term Secretary means the Secretary of Transportation. (b) Automatic shutoff systems for motor vehicles (1) Final rule (A) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 114), to require manufacturers to install in each motor vehicle equipped with a keyless ignition device and an internal combustion engine technology to automatically shut off the motor vehicle after the motor vehicle has idled for the period designated under subparagraph (B). (B) Period described (i) In general The period referred to in subparagraph (A) is the period designated by the Secretary as necessary to prevent carbon monoxide poisoning. (ii) Different periods The Secretary may designate different periods under clause (i) for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if— (I) the Secretary determines a different period is necessary for a type of motor vehicle for purposes of section 30111 of title 49, United States Code; and (II) requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning. (2) Deadline The rule under paragraph (1) shall become effective on September 1 of the first calendar year beginning after the date on which the Secretary issues that rule. (c) Preventing motor vehicles from rolling away (1) Requirement Not later than 2 years after the date of enactment of this Act, the Secretary shall issue a final rule amending part 571 of title 49, Code of Federal Regulations, to require manufacturers to install technology to prevent movement of motor vehicles equipped with keyless ignition devices and automatic transmissions if— (A) the transmission of the motor vehicle is not in the park setting; (B) the motor vehicle does not exceed the speed determined by the Secretary under paragraph (2); (C) the seat belt of the operator of the motor vehicle is unbuckled; (D) the service brake of the motor vehicle is not engaged; and (E) the door for the operator of the motor vehicle is open. (2) Determination The Secretary shall determine the maximum speed at which a motor vehicle may be safely locked in place under the conditions described in subparagraphs (A), (C), (D), and (E) of paragraph (1) to prevent vehicle rollaways. (3) Deadline The rule under paragraph (1) shall become effective on September 1 of the first calendar year beginning after the date on which the Secretary issues that rule. | https://www.govinfo.gov/content/pkg/BILLS-117s1268is/xml/BILLS-117s1268is.xml |
117-s-1269 | II 117th CONGRESS 1st Session S. 1269 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of the Interior and the Secretary of Agriculture to complete an interagency report on the effects of special recreation permits on environmental justice communities, and for other purposes.
1. Interagency report on the benefits of special recreation permits to environmental justice communities (a) Definitions In this section: (1) Environmental justice community The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects than other communities. (2) Federal land management agency; Federal recreational lands and waters; Secretaries The terms Federal land management agency , Federal recreational lands and waters , and Secretaries have the meanings given the terms in section 802 of the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 ). (3) Recreation service provider The term recreation service provider means an individual or entity that— (A) provides outfitting, guiding, or other recreation services; or (B) conducts recreational or competitive events, including incidental sales. (4) Special recreation permit The term special recreation permit means a permit issued by a Federal land management agency for specialized individual or group uses of Federal recreational lands and waters, including— (A) for outfitting, guiding, or other recreation services; (B) for recreation or competitive events, which may include incidental sales; (C) for the use of— (i) a special area; or (ii) an area in which use is allocated; (D) for motorized recreational vehicle use in compliance with an applicable travel management plan or other regulation; and (E) for a group activity or event. (b) Report Not later than 3 years after the date of enactment of this Act, the Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the estimated use of special recreation permits by recreation service providers serving environmental justice communities; (2) any national, regional, State, local, or site-specific policies, including any policies required under the Federal Lands Recreation Enhancement Act ( 16 U.S.C. 6801 et seq.), that facilitate public land access for recreation service providers serving environmental justice communities; (3) any case studies that may provide illustrative examples of the manner in which special recreation permits, partnerships, or cooperative agreements are being effectively used by land managers for the purpose of providing public land access to recreation service providers serving environmental justice communities; (4) any barriers to public land access for recreation service providers serving environmental justice communities; and (5) any recommendations for agency policy, or if necessary, action by Congress, to encourage and simplify public land access for recreation service providers serving environmental justice communities. (c) Voluntary participation by recreation service providers For purposes of preparing the report under subsection (b), the Secretaries— (1) shall contact all existing or prospective recreation service providers to request a voluntary estimate of the number of user days used by or, in the case of a prospective recreation service provider, expected to be used by, individuals from environmental justice communities during the period covered by the report; (2) shall request from recreation service providers and interested members of the public any other information required for the report; and (3) shall not use the participation of, or the provision of information to the Secretaries by, a recreation service provider under this subsection as a condition of a special recreation permit. | https://www.govinfo.gov/content/pkg/BILLS-117s1269is/xml/BILLS-117s1269is.xml |
117-s-1270 | II 117th CONGRESS 1st Session S. 1270 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Casey (for himself, Ms. Smith , Mr. Blumenthal , Mr. Merkley , Mr. Booker , Mr. Menendez , Mr. Reed , Mr. Sanders , Mr. Leahy , Mrs. Murray , Ms. Baldwin , Ms. Hirono , Mrs. Gillibrand , Ms. Klobuchar , and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to improve the child and adult care food program.
1. Short title This Act may be cited as the Access to Healthy Food for Young Children Act of 2021 . 2. Reimbursements (a) Child care reimbursements Section 17(c) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(c) ) is amended— (1) in paragraph (1), by striking the same as and inserting 10 cents more than ; (2) in paragraph (2), by striking the same as and inserting 10 cents more than ; and (3) in paragraph (3)— (A) by striking 30 cents and inserting $1.01 cents ; and (B) by striking 2.75 cents and inserting $0.18 cents . (b) Day care home reimbursements Section 17(f)(3)(A) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(f)(3)(A) ) is amended— (1) by striking Consumer Price Index for food at home each place it appears and inserting Consumer Price Index for food away from home ; (2) in clause (ii)(III)— (A) by striking Except as provided in subclause (IV), and inserting the following: (aa) In general Except as provided in item (bb) and subclause (IV), ; and (B) by adding at the end the following: (bb) Additional reimbursement Effective beginning July 1, 2022, the reimbursement factor for each meal and supplement under this subparagraph shall be increased by 10 cents per child served. ; and (3) in clause (iii)(I)(aa), by striking the reimbursement factors shall be and all that follows through supplements and inserting the reimbursement factors shall be $1.58 for meals other than breakfast, $0.58 cents for breakfasts, and $0.30 cents for supplements . 3. Streamlining program paperwork in high-poverty areas (a) In general Section 17(c) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(c) ) is amended by adding at the end the following: (7) Streamlining program paperwork in high poverty areas (A) Definitions In this paragraph: (i) Eligible child care center The term eligible child care center means a child care center at least 50 percent of children under the care of which qualify for free or reduced price meals or categorical eligibility as described in subsection (f)(3)(A)(iii)(III)(bb). (ii) Nonpricing program The term nonpricing program means a program under which an eligible child center serves all children under the care of the center meals and supplements under this section without charge. (B) Election of special payments (i) In general An eligible child care center may elect to receive special payments under this paragraph in lieu of payments otherwise made available under this section based on applications for free and reduced price meals and supplements if— (I) subject to clause (ii), during the 4 consecutive fiscal years beginning after the date of the election, the eligible child care center elects to operate a nonpricing program; (II) the eligible child care center pays, from sources other than funds made available to carry out the program under this section, the costs of serving the meals and supplements that are in excess of the value of assistance received under this Act; and (III) during the fiscal year in which the election under this clause is made, the eligible child care center had a percentage of enrolled children that meets or exceeds the threshold described in subparagraph (A)(i). (ii) Election to stop receiving payments An eligible child care center may elect to stop receiving special payments under this paragraph for the following fiscal year by notifying the State agency not later than June 30 of the current fiscal year of the intention to stop receiving the special payments. (C) First year of option (i) In general For each month of the first fiscal year of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the rate for free meals and supplements shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. (ii) Calculation Special payments under clause (i) shall be calculated using a blended per-meal rate based on a formula that multiplies national average payment rates by the percentage of children at the eligible child care center that receive free, reduced price, and paid meals and supplements. (D) Second, third, and fourth years of option (i) In general For each month of the second, third, and fourth fiscal years of the 4-year period during which an eligible child care center elects to receive special payments under this paragraph, special payments at the blended rate established for the first year of the option under subparagraph (C) shall be made under this subparagraph for all reimbursable meals and supplements served at the eligible child care center. (ii) Calculation Special payments under clause (i) shall be equal to the product obtained by multiplying— (I) the applicable blended per-meal rate; by (II) the number of meals and supplements served by the eligible child care center during the period beginning on April 1 of the prior fiscal year and ending on the last day of that fiscal year. . (b) Community eligibility pilot projects Section 17(c) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(c) ) (as amended by subsection (a)) is amended by adding at the end the following: (8) Community eligibility pilot projects (A) Definitions In this paragraph: (i) Covered child The term covered child means a child certified for free or reduced price meals by means of— (I) direct certification under paragraph (4) or (5) of section 9(b); or (II) categorical eligibility, as described in subsection (f)(3)(A)(iii)(III)(bb). (ii) Eligible child care center The term eligible child care center means a child care center that— (I) has a percentage of enrolled children who are covered children that meets or exceeds the threshold described in section 11(a)(1)(F)(viii); and (II) has met or exceeded that threshold for a period of not less than 1 month in the fiscal year prior to the fiscal year in which the child care center would participate in a pilot project. (iii) Eligible sponsoring organization The term eligible sponsoring organization means an organization that is a public or private nonprofit organization acting as a sponsoring organization for 1 or more child care centers participating in the program authorized under this section. (iv) Nonpricing program The term nonpricing program means a program under which an eligible child care center serves all children under the care of the center meals and supplements under a pilot project without charge. (v) Pilot project The term pilot project means a pilot project carried out under subparagraph (B)(i). (vi) Selected child care center The term selected child care center means an eligible child care center selected under subparagraph (E) by a selected State and a selected sponsoring organization to implement the pilot project at that child care center. (vii) Selected sponsoring organization The term selected sponsoring organization means an eligible sponsoring organization selected under subparagraph (D)(iv) by a selected State to coordinate implementation of the pilot project in that State. (viii) Selected State The term selected State means a State selected to carry out a pilot project under subparagraph (C)(i). (B) Establishment (i) In general Not later than 1 year after the date of enactment of this paragraph, the Secretary shall establish a program to carry out pilot projects in selected States under which meals and supplements are provided at no charge to every child in a selected child care center. (ii) Start date Each pilot project shall begin in a selected State not later than 1 year after the date of enactment of this paragraph. (C) State selection (i) In general The Secretary shall select not more than 6 States to each carry out a pilot project in coordination with a selected sponsoring organization. (ii) Applications A State seeking to carry out a pilot project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information about the selected sponsoring organization. (iii) Priority In carrying out clause (i), the Secretary shall give priority to a State based on— (I) the level of childhood poverty in the service area of the selected sponsoring organization; and (II) the extent to which that sponsoring organization demonstrates expertise and capacity in, and commitment to, implementing the pilot project. (D) Sponsoring organization selection by States Prior to submitting an application under subparagraph (C)(ii), each State seeking to carry out a pilot project shall— (i) identify each eligible sponsoring organization in the State; (ii) inform each eligible sponsoring organization identified under clause (i) of the proposed pilot project of the State; (iii) solicit applications from eligible sponsoring organizations that demonstrate the expertise, capacity, and commitment of the sponsoring organization in implementing the pilot project; and (iv) select an eligible sponsoring organization to coordinate implementation of the pilot project. (E) Child care center selection Each selected State and selected sponsoring organization shall select 1 or more eligible child care centers to voluntarily participate in the pilot project in the selected State. (F) Nonpricing program (i) In general Under a pilot project, a selected child care center shall operate a nonpricing program by— (I) receiving special assistance payments under this subparagraph in lieu of any other special assistance payment made under this section; and (II) using non-Federal funds to pay for the cost of meals and supplements served at the selected child care center that are not reimbursed under the pilot project or the program authorized under this section. (ii) Election to stop participation A selected child care center that elects to stop participating in a pilot project under clause (i) shall notify the selected State and the selected sponsoring organization not later than 3 months before the date on which the center intends to stop participation. (iii) First year For each month of the first fiscal year during which a pilot project is carried out in a selected State, each selected child care center shall receive special assistance payments at the rate for free meals and supplements for a percentage of all reimbursable meals and supplements served in selected child care centers during that month in an amount equal to the product obtained by multiplying— (I) the multiplier described in section 11(a)(1)(F)(vii); and (II) the percentage of covered children enrolled in the selected child care centers as of April 1 of the prior fiscal year, up to a maximum of 100 percent. (iv) Second and subsequent years For each month of the second fiscal year and each subsequent fiscal year during which a pilot project is carried out in a selected State, each selected child care center shall receive special assistance payments at the rate for free meals and supplements for a percentage of all reimbursable meals and supplements served in selected child care centers during that month in an amount equal to the product obtained by multiplying— (I) the multiplier described in section 11(a)(1)(F)(vii); and (II) the higher of— (aa) the percentage of covered children enrolled in the selected child care centers as of April 1 of the prior fiscal year, up to a maximum of 100 percent; and (bb) the percentage of covered children enrolled in the selected child care centers as of April 1 of the fiscal year prior to the first fiscal year in which the selected child care center participates in the pilot project, up to a maximum of 100 percent. (v) Payment for other meals Any meal or supplement served under the program authorized under this section that is not part of a pilot project shall be reimbursed at the rates established under subsection (c). (G) Implementation (i) No applications In participating in a pilot project, a selected sponsoring organization or selected child care center shall not collect enrollment forms or applications for free and reduced price meals and supplements under this Act or section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ). (ii) Administration The selected sponsoring organization in a selected State shall be responsible for administering the pilot project, including— (I) distributing special assistance payments to selected child care centers; and (II) conducting oversight of and reporting on the pilot project. (iii) Information dissemination A selected State and selected sponsoring organization shall— (I) notify each eligible child care center in the State about the pilot project, including the reimbursement rates, timeline, and procedures under the pilot project; and (II) provide information about the pilot project to parents or guardians of children attending eligible child care centers. (H) Report Not later than 1 year after the start date of the last pilot project commenced during the first year of the program established under subparagraph (B)(i), and annually thereafter, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report describing— (i) the status of each active pilot project; and (ii) the manner in which the funds authorized under subparagraph (I) are used to carry out this paragraph. (I) Authorization of appropriations There is authorized to be appropriated to carry out this paragraph $20,000,000 for the period of fiscal years 2022 through 2026. . 4. Fourth meal service option Section 17(f)(2) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(f)(2) ) is amended— (1) by striking (2)(A) Subject to subparagraph (B) of this paragraph and inserting the following: (2) Disbursements (A) In general Subject to subparagraph (B) ; and (2) by striking subparagraph (B) and inserting the following: (B) Limitation No reimbursement may be made to any institution under this paragraph, or to any family or group day care home sponsoring organization under paragraph (3), for more than— (i) (I) 2 meals and 1 supplement per day per child; or (II) 1 meal and 2 supplements per day per child; or (ii) in the case of child care during which there are 8 or more hours between the beginning of the first meal service period and the beginning of the fourth meal service period— (I) 3 meals and 1 supplement per day per child; (II) 2 meals and 2 supplements per day per child; or (III) 1 meal and 3 supplements per day per child. . 5. Expanding area eligibility Section 17(f)(3)(A)(ii)(I) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(f)(3)(A)(ii)(I) ) is amended by striking 50 percent each place it appears and inserting 40 percent . 6. Reducing paperwork and improving program administration (a) Eligibility certification criteria for proprietary child care centers Section 17(a)(6) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(a)(6) ) is amended— (1) in the matter preceding subparagraph (A), by striking unless it satisfies the following criteria: and inserting unless— ; (2) in each of subparagraphs (A) and (B), by inserting the institution after the subparagraph designation; (3) in subparagraph (C)(i), by inserting the institution before will provide ; (4) in subparagraph (E), by striking and at the end; (5) in subparagraph (F), by striking the period at the end and inserting ; and ; and (6) by adding at the end the following: (G) in the case of an institution described in paragraph (2)(B), eligibility is determined annually. . (b) Advisory committee on paperwork reduction Section 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766 ) is amended by adding at the end the following: (v) Advisory committee on paperwork reduction (1) Establishment Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish an advisory committee (referred to in this subsection as the Advisory Committee ) to carry out the duties described in paragraph (2). (2) Duties The duties of the Advisory Committee shall be— (A) to examine the feasibility of reducing unnecessary or duplicative paperwork resulting from regulations and recordkeeping requirements, including paperwork resulting from additional State requirements, for entities participating or seeking to participate in the program under this section, including State agencies, family child care homes, child care centers, and sponsoring organizations; and (B) to provide recommendations to reduce paperwork for participants in the program under this section while ensuring that proper accountability and program integrity are maintained. (3) Membership The Advisory Committee shall be composed of— (A) not less than 1 member representing each of— (i) a public nonprofit center; (ii) a private nonprofit center; (iii) a family or group day care home; (iv) a Head Start center; (v) a for-profit center; (vi) an emergency shelter; (vii) an adult day care center; (viii) a State agency; (ix) a sponsoring organization for child care centers; (x) a sponsoring organization of family or group day care homes; (xi) an anti-hunger advocacy organization; (xii) an after school program for at-risk youth; and (xiii) a child care advocacy organization; and (B) any other members, as the Secretary determines to be appropriate. (4) Considerations In developing recommendations under paragraph (2)(B), the Advisory Committee shall consider— (A) information, recommendations, and reports from the Child and Adult Care Food Program Paperwork Reduction Work Group established pursuant to section 336 of the Healthy, Hunger-Free Kids Act of 2010 ( 42 U.S.C. 1766 note; Public Law 111–296 ); and (B) the use of electronic systems and recordkeeping technologies to reduce paperwork for program participants and program operators. (5) Guidance and regulations Not later than 1 year after the date of enactment of this subsection, the Secretary shall issue guidance and, as appropriate, regulations, based on the recommendations made under paragraph (2)(B), for streamlined and consolidated paperwork and recordkeeping requirements for the program, including— (A) streamlining and modernizing applications, monitoring, and auditing; (B) eliminating the use of an enrollment form; (C) allowing the use of direct certification in all States; (D) requiring States to accept digital forms, digitized and electronic signatures, and electronic records as documentation; (E) allowing the use of electronic data collection systems, in accordance with Federal standards; (F) streamlining duplicative State-specific requirements; and (G) encouraging the adoption in the program of generally accepted technologies from other domains. (6) Report (A) In general Not later than 180 days after issuing guidance and regulations under paragraph (5), the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report containing the information described in subparagraph (B). (B) Contents The report under subparagraph (A) shall contain the following: (i) In each case in which the Secretary did not implement a recommendation of the Advisory Committee, an explanation for why the recommendation was not implemented. (ii) Recommendations for legislative action that may strengthen and streamline the program application and monitoring processes and reduce administrative burdens on grantees, program participants, the Federal Government, and local and State governments. . 7. Funding to support nutrition access for young children Section 17(n) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1766(n) ) is amended— (1) by striking (n) There are hereby and inserting the following: (n) Funding (1) In general There are ; and (2) by adding at the end the following: (2) Funding to support nutrition access for children (A) In general On October 1, 2021, and October 1, 2022, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $5,000,000, to remain available until expended— (i) to provide training and technical assistance under the program— (I) to support healthy meal patterns of children; and (II) with respect to best practices for— (aa) increasing consumption by children of vegetables, fruits, whole grains, and healthy beverages; (bb) reducing consumption by children of added sugars and saturated fats; and (cc) eliminating consumption by children of beverages sweetened with sugar; and (ii) to increase participation in the program of children from underserved communities. (B) Receipt and acceptance The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation. . | https://www.govinfo.gov/content/pkg/BILLS-117s1270is/xml/BILLS-117s1270is.xml |
117-s-1271 | II 117th CONGRESS 1st Session S. 1271 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Padilla (for himself, Mr. Warnock , Ms. Smith , Mr. Sanders , Mrs. Feinstein , Mr. Markey , Mr. Wyden , Mr. Merkley , and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To reauthorize the Clean School Bus Program, and for other purposes.
1. Short title This Act may be cited as the Clean Commute for Kids Act of 2021 . 2. Clean School Bus Program (a) In general Section 741 of the Energy Policy Act of 2005 ( 42 U.S.C. 16091 ) is amended to read as follows: 741. Clean School Bus Program (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Clean school bus The term clean school bus means a school bus with a drivetrain that produces, under any possible operational mode or condition, zero exhaust emissions of— (A) any air pollutant that is listed pursuant to section 108(a) of the Clean Air Act ( 42 U.S.C. 7408(a) ) (or any precursor to such an air pollutant); and (B) any greenhouse gas. (3) Community of color The term community of color means any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located. (4) Eligible contractor The term eligible contractor means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity— (A) to sell clean school buses, or charging or other equipment needed to charge or maintain clean school buses, to individuals or entities that own a school bus or fleet of school buses; or (B) to arrange financing for a sale described in subparagraph (A). (5) Eligible recipient (A) In general Subject to subparagraph (B), the term eligible recipient means— (i) 1 or more local or State governmental entities responsible for— (I) providing school bus service to 1 or more public school systems; or (II) the purchase of school buses; (ii) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2511 )); (iii) a nonprofit school transportation association; or (iv) 1 or more contracting entities that provide school bus service to 1 or more public school systems. (B) Special requirements In the case of eligible recipients described in clauses (iii) and (iv) of subparagraph (A), the Administrator— (i) shall establish timely and appropriate requirements for notice to the public school systems that would be served by school buses purchased using an award under subsection (b)(1); and (ii) may establish timely and appropriate requirements for approval by the public school systems that would be served by school buses purchased using an award under subsection (b)(1). (6) Indigenous community The term indigenous community means— (A) a federally recognized Indian Tribe; (B) a State-recognized Indian Tribe; (C) an Alaska Native or Native Hawaiian community or organization; or (D) any other community of indigenous people, including communities in other countries. (7) Low income The term low income means an annual household income equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) 200 percent of the Federal poverty line. (8) Low-income community The term low-income community means any census block group in which 30 percent or more of the population are individuals with low income. (9) School bus The term school bus has the meaning given the term schoolbus in section 30125(a) of title 49, United States Code. (10) Scrap (A) In general The term scrap , with respect to a school bus engine replaced using an award under subsection (b)(1), means to recycle, crush, or shred the engine within such period and in such manner as determined by the Administrator. (B) Exclusion The term scrap does not include selling, leasing, exchanging, or otherwise disposing of an engine described in subparagraph (A) for use in another motor vehicle in any location. (b) Program for replacement of existing school buses with clean school buses (1) Establishment The Administrator, in consultation with the Secretary, shall establish a program for— (A) making awards, on a competitive basis, of grants, rebates, and low-cost revolving loans to eligible recipients for the replacement of existing school buses that are not clean school buses with clean school buses; and (B) making awards of contracts to eligible contractors for providing rebates and low-cost revolving loans for the replacement of existing school buses that are not clean school buses with clean school buses. (2) Applications (A) In general An applicant for an award under paragraph (1) shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including— (i) a written assurance that— (I) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair, or at any manufacturing operation, that is financed, in whole or in part, by an award under paragraph (1), shall be paid wages at rates not less than those prevailing in a similar firm or on similar construction in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code; and (II) the applicant agrees to the authority of the Secretary of Labor described in subparagraph (B); (ii) a certification that no public work or service normally performed by a public employee will be privatized or subcontracted in carrying out a project funded by the award; (iii) to ensure a fair assessment of workforce impact related to an award under paragraph (1), a detailed accounting with respect to relevant employees, including employees in each of management, administration, operations, and maintenance, of the eligible recipient at the time of the application, including— (I) the number of employees, organized by salary; (II) the bargaining unit status of each employee; (III) the full-time or part-time status of each employee; and (IV) the job title of each employee; and (iv) a description of coordination and advance planning with the local electricity provider. (B) Authority of Secretary of Labor For any project or activity carried out by a recipient of an award under paragraph (1), the Secretary of Labor shall, with respect to the labor standards described in subparagraph (A)(i)(I), have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (3) Eligible manufacturers (A) In general The Administrator shall maintain and make publicly available a list of manufacturers of clean school buses from whom recipients of awards under paragraph (1) may purchase clean school buses. (B) Criteria The Administrator shall establish a process by which manufacturers may seek inclusion on the list established under subparagraph (A), which shall include the submission of such information as the Administrator may require, including— (i) a disclosure of whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the manufacturer in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; and (ii) specific information regarding— (I) the actions the manufacturer will take to demonstrate compliance with and, where possible, exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws; and (II) actions the manufacturer will take to ensure that the direct suppliers of the manufacturer demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws. (4) Priority of applications (A) Highest priority In making awards under paragraph (1), the Administrator shall give highest priority to applicants that propose to replace school buses that serve the highest number of students (measured in absolute numbers or in the percentage of student population) who are eligible for free or reduced price lunches under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq.). (B) Additional priority In making awards under paragraph (1), after taking into account the priority described in subparagraph (A), the Administrator shall give priority to applicants that propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through— (i) public-private partnerships with electric companies; (ii) grants from other entities; or (iii) the issuance of school bonds. (5) Use of school bus fleet All clean school buses purchased with an award under paragraph (1) shall— (A) be operated as part of the school bus fleet for which the award was made for not less than 5 years; (B) be maintained, operated, charged, and fueled according to manufacturer recommendations or State requirements; and (C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater. (6) Awards (A) Award amount (i) In general Subject to clause (ii) and subparagraph (D), the Administrator may make an award under paragraph (1) in an amount not more than the amount that is 100 percent of the replacement costs for clean school buses. (ii) Limitation The replacement costs described in clause (i) shall not exceed an amount equal to 110 percent of the difference between— (I) the cost of a clean school bus; and (II) the cost of a diesel school bus. (B) Structuring awards In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant, rebate, or low-cost revolving loan, or a combination thereof, based primarily on— (i) how best to facilitate replacing existing school buses that are not clean school buses with clean school buses; and (ii) the preference of the eligible recipient. (C) Included costs An award under paragraph (1) may be used to pay for— (i) acquisition and labor costs for charging or other infrastructure needed to charge or maintain clean school buses; (ii) workforce development and training to support the maintenance, charging, and operations of electric school buses; and (iii) planning and technical activities to support the adoption and deployment of clean school buses. (D) Exception for contracting entities (i) In general Subject to clause (ii), in the case of an award under paragraph (1) to an eligible recipient described in subsection (a)(5)(A)(iv), the Administrator may make an award for up to 70 percent of the replacement costs for clean school buses. (ii) Exception If an eligible recipient described in subsection (a)(5)(A)(iv) demonstrates, to the satisfaction of the Administrator, that the labor standards of the eligible recipient are equal to or exceed those of the public school system that would be served by the clean school buses purchased with an award under paragraph (1), the Administrator may make an award to the eligible recipient for up to 90 percent of the replacement costs for clean school buses. (E) Requirements The Administrator shall require, as a condition of receiving an award under paragraph (1), that an award recipient— (i) does not, as a result of receiving the award— (I) lay off, transfer, or demote any current employee; or (II) reduce the salary or benefits of any current employee or worsen the conditions of work of any current employee; and (ii) provides current employees with training to effectively operate, maintain, or otherwise adapt to new technologies relating to clean school buses. (F) Buy America (i) In general Except as provided in clause (ii), any clean school bus or electric vehicle supply equipment purchased using an award under paragraph (1) shall comply with section 5323(j) of title 49, United States Code. (ii) Exceptions (I) Waiver Subject to subclause (II), the Administrator may provide a waiver to the requirements described in clause (i) in the same manner and to the same extent as the Secretary of Transportation may provide a waiver under section 5323(j)(2) of title 49, United States Code. (II) Percentage of components and subcomponents The Administrator may grant a waiver in accordance with section 5323(j)(2)(C) of title 49, United States Code, when an award recipient purchases a clean school bus or electric vehicle supply equipment using an award under paragraph (1) for which the cost of components and subcomponents produced in the United States— (aa) for each of fiscal years 2021 through 2025, is more than 60 percent of the cost of all components of the clean school bus; and (bb) for fiscal year 2025 and each fiscal year thereafter, is more than 70 percent of the cost of all components of the clean school bus. (7) Deployment and distribution The Administrator shall— (A) to the maximum extent practicable, achieve nationwide deployment of clean school buses through the program under paragraph (1); (B) ensure, as practicable, a broad geographic distribution of awards under paragraph (1) each fiscal year; (C) solicit early applications for large-scale deployments and, as soon as reasonably practicable, make awards for at least 1 such large scale deployment in a rural location and another in an urban location, on the condition that each such award recipient— (i) participate in the development of best practices, lessons learned, and other information sharing to guide the implementation of the program under paragraph (1), including relating to building out associated infrastructure; and (ii) cooperate as specified in subparagraph (D); and (D) develop, in cooperation with award recipients, resources for future recipients of awards under paragraph (1). (8) Scrappage (A) In general The Administrator shall require an award recipient to verify, not later than 1 year after receiving a clean school bus purchased using an award under paragraph (1), that the engine of the replaced school bus has been scrapped. (B) Exception Subject to such conditions that the Administrator determines appropriate and giving consideration to public health and the goal of reducing emissions of pollutants, the Administrator may waive the requirements of subparagraph (A) for school buses that meet— (i) the emission standards applicable to a new school bus as of the date of enactment of the Clean Commute for Kids Act of 2021 ; or (ii) subsequent emission standards that are at least as stringent as the standards described in clause (i). (c) Education and outreach (1) In general Not later than 90 days after the date of enactment of the Clean Commute for Kids Act of 2021 , the Administrator shall develop an education and outreach program to promote and explain the award program under subsection (b)(1). (2) Coordination with stakeholders The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested national school bus transportation associations, labor unions, electric utilities, manufacturers of clean school buses, manufacturers of components of clean school buses, clean transportation nonprofit organizations, and other stakeholders. (3) Components The education and outreach program under paragraph (1) shall— (A) inform, encourage, and support potential award recipients on the process of applying for awards and fulfilling the requirements of awards; (B) describe the available technologies and the benefits of the technologies; (C) explain the benefits of participating in the award program under subsection (b)(1); (D) make available information regarding best practices, lessons learned, and technical and other information with respect to— (i) clean school bus acquisition and deployment; (ii) the build-out of associated infrastructure and advance planning with the local electricity supplier; (iii) workforce development and training; and (iv) any other information that, in the judgment of the Administrator, is relevant to transitioning to and deploying clean school buses; (E) make available the information provided by the Secretary pursuant to subsection (d); (F) in consultation with the Secretary, make information available about how clean school buses can be part of building community resilience to the effects of climate change; and (G) include, as appropriate, information from the annual report required under subsection (e). (d) DOE assistance (1) Information gathering (A) In general The Secretary shall gather information with respect to— (i) vehicle-to-grid technology, including best practices and use-case scenarios; (ii) the use of clean school buses for community resilience; and (iii) technical aspects of clean school bus management and deployment. (B) Sharing with EPA Not less frequently than annually, the Secretary shall share the information gathered under subparagraph (A) with the Administrator. (2) Technical assistance The Secretary shall, in response to a request from the Administrator, or from an applicant for or recipient of an award under subsection (b)(1), provide technical assistance in the development of an application for or the use of an award under subsection (b)(1). (e) Annual report Not later than January 31 of each year after a year for which funds were appropriated to carry out this section, the Administrator shall submit to Congress a report that— (1) evaluates the implementation of this section; (2) describes— (A) the total number of applications received for awards under subsection (b)(1); (B) the number of clean school buses requested in the applications described in subparagraph (A); (C) the awards made under subsection (b)(1) and the criteria used to select the award recipients; (D) the awards made under subsection (b)(1) for charging and fueling infrastructure; (E) ongoing compliance with the commitments made by manufacturers on the list maintained by the Administrator under subsection (b)(3)(A); (F) the estimated effect of the awards under subsection (b)(1) on emission of air pollutants, including greenhouse gases; and (G) any other information the Administrator considers appropriate; and (3) describes any waiver granted under subsection (b)(6)(F)(ii) during the preceding year. (f) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $2,500,000,000 for each of fiscal years 2022 through 2031. (2) Use of fund requirements (A) Allocation Of the amount made available under paragraph (1) for a fiscal year, not less than $1,000,000,000 shall be used for awards under subsection (b)(1) to eligible recipients proposing to replace school buses that serve a community of color, an indigenous community, a low-income community, or a community located in an air quality area designated pursuant to section 107 of the Clean Air Act ( 42 U.S.C. 7407 ) as nonattainment. (B) Administrative costs Of the amounts made available under paragraph (1) for a fiscal year, the Administrator may use not more than 2 percent for the administrative costs of carrying out this section. . (b) Repeal of redundant authorization (1) In general Section 6015 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( 42 U.S.C. 16091a ) is repealed. (2) Conforming amendment The table of contents in section 1(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users ( Public Law 109–59 ; 119 Stat. 1144) is amended by striking the item relating to section 6015. | https://www.govinfo.gov/content/pkg/BILLS-117s1271is/xml/BILLS-117s1271is.xml |
117-s-1272 | II 117th CONGRESS 1st Session S. 1272 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Collins (for herself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to promote retirement savings on behalf of small business employees by making improvements to SIMPLE retirement accounts and easing the transition from a SIMPLE plan to a 401(k) plan, and for other purposes.
1. Short title This Act may be cited as the SIMPLE Plan Modernization Act . 2. Contribution limit for simple IRAs (a) In general Subparagraph (E) of section 408(p)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking amount is and all that follows in clause (i) and inserting “dollar amount is— (I) $16,500 in the case of an eligible employer described in clause (iii) which had not more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, (II) $16,500 in the case of an eligible employer described in clause (iii) which is not described in subclause (I) and which elects, at such time and in such manner as prescribed by the Secretary, the application of this subclause for the year, and (III) $10,000 in any other case. ; (2) by striking adjustment .—In the case of in clause (ii) and inserting “ adjustment .— (I) Certain large employers In the case of ; (3) by striking clause (i) in clause (ii) and inserting clause (i)(III) ; and (4) by adding at the end of clause (ii) the following new subclause: (II) Other employers In the case of a year beginning after December 31, 2022, the Secretary shall adjust annually the $16,500 amount in subclauses (I) and (II) of clause (i) in the manner provided under subclause (I) of this clause, except that the base period taken into account shall be the calendar quarter beginning July 1, 2021. . (b) Catch-Up contributions Paragraph (2) of section 414(v) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (B)— (A) by striking the applicable in clause (ii) and inserting except as provided in clause (iii), the applicable ; and (B) by adding at the end the following new clause: (iii) In the case of an applicable employer plan— (I) which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(I), or (II) to which an election under section 408(p)(2)(E)(i)(II) applies for the year (including a plan described in section 401(k)(11) which is maintained by an eligible employer described in section 408(p)(2)(E)(i)(II) and to which such election applies by reason of subparagraphs (B)(i)(I) and (E) of section 401(k)(11)), the applicable dollar amount is $4,750. ; and (2) in subparagraph (C), by striking the $5,000 amount in subparagraph (B)(i) and the $2,500 amount in subparagraph (B)(ii) and inserting each of the dollar amounts in subparagraph (B) . (c) Employer match Clause (ii) of section 408(p)(2)(C) of the Internal Revenue Code of 1986 is amended— (1) by striking The term in subclause (I) and inserting Except as provided in subclause (IV), the term ; (2) by adding at the end the following new subclause: (IV) Special rule for electing larger employers In the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, subclause (I) shall be applied for such year by substituting 4 percent for 3 percent . ; and (3) by striking 3 percent each place it appears in subclauses (II) and (III) and inserting the applicable percentage . (d) Increase in nonelective employer contribution for electing larger employers Subparagraph (B) of section 408(p)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (iii) Special rule for electing larger employers In the case of an employer which had more than 25 employees who received at least $5,000 of compensation from the employer for the preceding year, and which makes the election under subparagraph (E)(i)(II) for any year, clause (i) shall be applied for such year by substituting 3 percent for 2 percent . . (e) Transition rule Paragraph (2) of section 408(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (F) 2-year grace period An eligible employer which had not more than 25 employees who received at least $5,000 of compensation from the employer for 1 or more years, and which has more than 25 such employees for any subsequent year, shall be treated for purposes of subparagraph (E)(i) as having 25 such employees for the 2 years following the last year the employer had not more than 25 such employees, and not as having made the election under subparagraph (E)(i)(II) for such 2 years. Rules similar to the second sentence of subparagraph (C)(i)(II) shall apply for purposes of this subparagraph. . (f) Amendments apply only if employer has not had another plan within 3 years Subparagraph (E) of section 408(p)(2) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by adding at the end the following new clause: (iii) Employer has not had another plan within 3 years An eligible employer is described in this clause only if, during the 3-taxable-year period immediately preceding the 1st year the employer maintains the qualified salary reduction arrangement under this paragraph, neither the employer nor any member of any controlled group including the employer (or any predecessor of either) established or maintained any plan described in clause (i), (ii), or (iv) of section 219(g)(5)(A) with respect to which contributions were made, or benefits were accrued, for substantially the same employees as are eligible to participate in such qualified salary reduction arrangement. . (g) Conforming amendments relating to simple 401(k) s (1) Subclause (I) of section 401(k)(11)(B)(i) of the Internal Revenue Code of 1986 is amended by inserting (after the application of any election under section 408(p)(2)(E)(i)(II)) before the comma. (2) Paragraph (11) of section 401(k) of such Code is amended by adding at the end the following new subparagraph: (E) Employers electing increased contributions In the case of an employer which applies an election under section 408(p)(2)(E)(i)(II) for purposes of the contribution requirements of this paragraph under subparagraph (B)(i)(I), rules similar to the rules of subparagraphs (B)(iii), (C)(ii)(IV), and (F) of section 408(p)(2) shall apply for purposes of subparagraphs (B)(i)(II) and (B)(ii) of this paragraph. . (h) Plan forms To be shared with Secretary Subsection (p) of section 408 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Plan arrangement and notices to be shared with Secretary The trustee or issuer (in the case of an individual retirement annuity) of a simple retirement account shall provide to the Secretary, at the time the qualified salary reduction arrangement is established (or not later than December 31, 2022, in the case of arrangements in effect on the date of the enactment of this paragraph), a copy of the written arrangement described in paragraph (2)(A). . (i) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. (j) Reports by Secretary (1) In general The Secretary of the Treasury shall, not later than December 31, 2022, and annually thereafter, report to the Committees on Finance and Health, Education, Labor, and Pensions of the Senate and the Committees on Ways and Means and Education and Labor of the House of Representatives on the data described in paragraph (2), together with any recommendations the Secretary deems appropriate. (2) Data described For purposes of the report required under paragraph (1), the Secretary of the Treasury shall collect data and information on— (A) the number of plans described in section 408(p) or 401(k)(11) of the Internal Revenue Code of 1986 that are maintained or established during a year; (B) the number of participants eligible to participate in such plans for such year; (C) median contribution amounts for the participants described in subparagraph (B); (D) the types of investments that are most common under such plans; and (E) the fee levels charged in connection with the maintenance of accounts under such plans. Such data and information shall be collected separately for each type of plan. For purposes of collecting such data, the Secretary of the Treasury may use such data as is otherwise available to the Secretary for publication and may use such approaches as are appropriate under the circumstances, including the use of voluntary surveys and collaboration on studies. 3. Employers allowed to replace simple retirement accounts with safe harbor 401 (k) plans during a year (a) In general Section 408(p) of the Internal Revenue Code of 1986, as amended by section 2, is amended by adding at the end the following new paragraph: (12) Replacement of simple retirement accounts with safe harbor plans during plan year (A) In general Subject to the requirements of this paragraph, an employer may elect (in such form and manner as the Secretary may prescribe) at any time during a year to terminate the qualified salary reduction arrangement under paragraph (2), but only if the employer establishes and maintains (as of the day after the termination date) a safe harbor plan to replace the terminated arrangement. (B) Combined limits on contributions The terminated arrangement and safe harbor plan shall both be treated as violating the requirements of paragraph (2)(A)(ii) or section 401(a)(30) (whichever is applicable) if the aggregate elective contributions of the employee under the terminated arrangement during its last plan year and under the safe harbor plan during its transition year exceed the sum of— (i) the applicable dollar amount for such arrangement (determined on a full-year basis) under this subsection (after the application of section 414(v)) with respect to the employee for such last plan year multiplied by a fraction equal to the number of days in such plan year divided by 365, and (ii) the applicable dollar amount (as so determined) under section 402(g)(1) for such safe harbor plan on such elective contributions during the transition year multiplied by a fraction equal to the number of days in such transition year divided by 365. (C) Transition year For purposes of this paragraph, the transition year is the period beginning after the termination date and ending on the last day of the calendar year during which the termination occurs. (D) Safe harbor plan For purposes of this paragraph, the term safe harbor plan means a qualified cash or deferred arrangement which meets the requirements of paragraph (11), (12), or (13) of section 401(k). . (b) Waiver of 2-Year withdrawal limitation in case of plans converting to 401(k) or 403(b) (1) In general Paragraph (6) of section 72(t) of the Internal Revenue Code of 1986 is amended— (A) by striking accounts .—In the case of and inserting “ accounts .— (A) In general In the case of ; and (B) by adding at the end the following new subparagraph: (B) Waiver in case of plan conversion to 401(k) or 403(b) In the case of an employee of an employer which terminates the qualified salary reduction arrangement of the employer under section 408(p) and establishes a qualified cash or deferred arrangement described in section 401(k) or purchases annuity contracts described in section 403(b), subparagraph (A) shall not apply to any amount which is paid in a rollover contribution described in section 408(d)(3) into a qualified trust under section 401(k) (but only if such contribution is subsequently subject to the rules of section 401(k)(2)(B)) or an annuity contract described in section 403(b) (but only if such contribution is subsequently subject to the rules of section 403(b)(11)) for the benefit of the employee. . (2) Conforming amendment Subparagraph (G) of section 408(d)(3) of such Code is amended by striking 72(t)(6) and inserting 72(t)(6)(A) . (c) Effective date The amendments made by this section shall apply to plan years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1272is/xml/BILLS-117s1272is.xml |
117-s-1273 | II 117th CONGRESS 1st Session S. 1273 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Collins (for herself, Ms. Hassan , Mr. Lankford , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit to small employers for covering military spouses under retirement plans.
1. Short title This Act may be cited as the Military Spouses Retirement Security Act . 2. Credit for small employers providing retirement plans for military spouses (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45U. Small employer provision of retirement savings for military spouses (a) In general For purposes of section 38, in the case of a covered small employer, the military spouse employee retirement plan credit determined under this section for the taxable year is an amount equal to the sum of— (1) $200 for each eligible military spouse employee who is eligible to participate in an eligible employer plan during the plan year ending with or within such taxable year, plus (2) with respect to each eligible military spouse employee participating in such plan, the lesser of— (A) the amount of employer contributions (other than any contribution described in subparagraph (B) or (C) of section 25B(d)(1)) made under all eligible employer plans on behalf of such eligible military spouse during the plan year ending with or within such taxable year, or (B) $300. In the case of a defined benefit plan, the amount treated as an employer contribution under paragraph (2)(A) shall be the increase in the participant’s nonforfeitable accrued benefit (determined by using the rules of section 417(e)(3)) reduced by the amount of such increase attributable to employee contributions. (b) Eligible employer plan For purposes of this section, the term eligible employer plan means a qualified employer plan (within the meaning of section 4972(d)) in which all eligible military spouse employees of the covered small employer— (1) are eligible to participate as of the later of the first day of the first plan year of the plan or the date the employee has been employed for at least 2 months, (2) are eligible to receive matching contributions (as defined in section 401(m)) and nonelective contributions in the same manner as an employee (other than a highly compensated employee) with at least 2 years of service, and (3) are fully vested in their accrued benefit under the plan upon commencement of participation. (c) Covered small employer For purposes of this section, the term covered small employer means an eligible employer (within the meaning of section 408(p)(2)(C)(i)). (d) Eligible military spouse employee (1) In general The term eligible military spouse employee means any employee of the covered small employer who— (A) has been employed by the employer for more than 2 months, (B) is not a highly compensated employee (within the meaning of section 414(q)), and (C) makes a certification to the small employer that, as of the date such employee is hired by the employer, such employee is married to an individual who has performed service in the uniformed services (as defined in chapter 43 of title 38, United States Code) while on active duty for a period of more than 30 days (including the date such employee is hired). Any certification under subparagraph (C) shall include the servicemember's name, rank, and military branch and the employee's uniformed services identification card number. (2) Limitation An individual may not be treated as an eligible military spouse with respect to any covered small employer for more than 3 taxable years. . (b) Credit To be part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the military spouse employee retirement plan credit determined under section 45U(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45U. Small employer provision of retirement savings for military spouses. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1273is/xml/BILLS-117s1273is.xml |
117-s-1274 | II 117th CONGRESS 1st Session S. 1274 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Thune (for himself and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To limit the authority of States or other taxing jurisdictions to tax certain income of employees for employment duties performed in other States or taxing jurisdictions, and for other purposes.
1. Short title This Act may be cited as the Remote and Mobile Worker Relief Act of 2021 . 2. Limitations on withholding and taxation of employee income (a) In general No part of the wages or other remuneration earned by an employee who is a resident of a taxing jurisdiction and performs employment duties in more than one taxing jurisdiction shall be subject to income tax in any taxing jurisdiction other than— (1) the taxing jurisdiction of the employee’s residence; and (2) any taxing jurisdiction within which the employee is present and performing employment duties for more than 30 days during the calendar year in which the wages or other remuneration is earned. (b) Income tax withholding and reporting Wages or other remuneration earned in any calendar year shall not be subject to income tax withholding and reporting requirements with respect to any taxing jurisdiction unless the employee is subject to income tax in such taxing jurisdiction under subsection (a). Income tax withholding and reporting requirements under subsection (a)(2) shall apply to wages or other remuneration earned as of the commencement date of employment duties in the taxing jurisdiction during the calendar year. (c) Operating rules For purposes of determining penalties related to an employer’s income tax withholding and reporting requirements with respect to any taxing jurisdiction— (1) an employer may rely on an employee’s annual determination of the time expected to be spent by such employee in the performance of employment duties in the taxing jurisdictions in which the employee will perform such duties absent— (A) the employer’s actual knowledge of fraud by the employee in making the determination; or (B) collusion between the employer and the employee to evade tax; (2) except as provided in paragraph (3), if records are maintained by an employer in the regular course of business that record the location at which an employee performs employment duties, such records shall not preclude an employer’s ability to rely on an employee’s determination under paragraph (1); and (3) notwithstanding paragraph (2), if an employer, at its sole discretion, maintains a time and attendance system that tracks where the employee performs duties on a daily basis, data from the time and attendance system shall be used instead of the employee’s determination under paragraph (1). (d) Definitions and special rules For purposes of this Act: (1) Day (A) Except as provided in subparagraph (B), an employee is considered present and performing employment duties within a taxing jurisdiction for a day if the employee performs more of the employee’s employment duties within such taxing jurisdiction than in any other taxing jurisdiction during a day. (B) If an employee performs employment duties in a resident taxing jurisdiction and in only one nonresident taxing jurisdiction during one day, such employee shall be considered to have performed more of the employee’s employment duties in the nonresident taxing jurisdiction than in the resident taxing jurisdiction for such day. (C) For purposes of this paragraph, the portion of the day during which the employee is in transit shall not be considered in determining the location of an employee’s performance of employment duties. (2) Employee (A) In general (i) General definition Except as provided in clause (ii), the term employee has the meaning given such term in section 3121(d) of the Internal Revenue Code of 1986, unless such term is defined by the taxing jurisdiction in which the person’s employment duties are performed, in which case the taxing jurisdiction’s definition shall prevail. (ii) Exception The term employee shall not include a professional athlete, professional entertainer, qualified production employee, or certain public figures. (B) Professional athlete The term professional athlete means a person who performs services in a professional athletic event, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional athlete. (C) Professional entertainer The term professional entertainer means a person of prominence who performs services in the professional performing arts for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional entertainer. (D) Qualified production employee The term qualified production employee means a person who performs production services of any nature directly in connection with a taxing jurisdiction qualified, certified or approved film, television or other commercial video production for wages or other remuneration, provided that the wages or other remuneration paid to such person are qualified production costs or expenditures under such taxing jurisdiction’s qualified, certified or approved film, television or other commercial video production incentive program, and that such wages or other remuneration must be subject to withholding under such qualified, certified or approved film, television or other commercial video production incentive program as a condition to treating such wages or other remuneration as a qualified production cost or expenditure. (E) Certain public figures The term certain public figures means persons of prominence who perform services for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for services provided at a discrete event, in the nature of a speech, public appearance, or similar event. (3) Employer The term employer has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986, unless such term is defined by the taxing jurisdiction in which the employee’s employment duties are performed, in which case the taxing jurisdiction’s definition shall prevail. (4) Taxing jurisdiction The term taxing jurisdiction means any of the several States, the District of Columbia, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee. (5) Time and attendance system The term time and attendance system means a system in which— (A) the employee is required on a contemporaneous basis to record his work location for every day worked outside of the taxing jurisdiction in which the employee’s employment duties are primarily performed; and (B) the system is designed to allow the employer to allocate the employee’s wages for income tax purposes among all taxing jurisdictions in which the employee performs employment duties for such employer. (6) Wages or other remuneration The term wages or other remuneration may be defined by the taxing jurisdiction in which the employment duties are performed. (e) Place of residence For purposes of this section, the residence of an employee shall be determined under the laws of the taxing jurisdiction in which such employee maintains a dwelling which serves as the employee's permanent place of abode during the calendar year. (f) Adjustment during coronavirus pandemic With respect to calendar years 2020 and 2021, in the case of any employee who performs employment duties in any taxing jurisdiction other than the taxing jurisdiction of the employee’s residence during such year as a result of the COVID–19 public health emergency, subsection (a)(2) shall be applied by substituting 90 days for 30 days . 3. State and local tax certainty (a) Status of employees during covered period Notwithstanding section 2(a)(2) or any provision of law of a taxing jurisdiction, with respect to any employee who is working remotely within such taxing jurisdiction during the covered period— (1) except as provided under paragraph (2), any wages earned by such employee during such period shall be deemed to have been earned at the primary work location of such employee; and (2) if an employer, at its sole discretion, maintains a system that tracks where such employee performs duties on a daily basis, wages earned by such employee may, at the election of such employer, be treated as earned at the location in which such duties were remotely performed. (b) Status of businesses during covered period Notwithstanding any provision of law of a taxing jurisdiction— (1) in the case of an out-of-jurisdiction business which has any employees working remotely within such jurisdiction during the covered period, the duties performed by such employees within such jurisdiction during such period shall not be sufficient to create any nexus or establish any minimum contacts or level of presence that would otherwise— (A) subject such business to any registration, taxation, or other related requirements for businesses operating within such jurisdiction; or (B) cause such business to be deemed a resident of such jurisdiction for tax purposes; and (2) except as provided under subsection (a)(2), with respect to any tax imposed by such taxing jurisdiction which is determined, in whole or in part, based on net or gross receipts or income, for purposes of apportioning or sourcing such receipts or income, any duties performed by an employee of an out-of-jurisdiction business while working remotely during the covered period— (A) shall be disregarded with respect to any filing requirements for such tax; and (B) shall be apportioned and sourced to the tax jurisdiction which includes the primary work location of such employee. (c) Definitions For purposes of this section— (1) Covered period The term covered period means, with respect to any employee working remotely, the period— (A) beginning on the date on which such employee began working remotely; and (B) ending on the earlier of— (i) the date on which the employer allows, at the same time— (I) such employee to return to their primary work location; and (II) not less than 90 percent of their permanent workforce to return to such work location; or (ii) December 31, 2021. (2) Employee The term employee has the meaning given such term in section 3121(d) of the Internal Revenue Code of 1986, unless such term is defined by the taxing jurisdiction in which the person’s employment duties are deemed to have been performed under subsection (a), in which case the taxing jurisdiction’s definition shall prevail. (3) Employer The term employer has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986, unless such term is defined by the taxing jurisdiction in which the person’s employment duties are deemed to have been performed under subsection (a), in which case the taxing jurisdiction’s definition shall prevail. (4) Out-of-jurisdiction business The term out-of-jurisdiction business means, with respect to any taxing jurisdiction, any business entity which, excepting any employees of such business who are working remotely within such jurisdiction during the covered period, would, under the existing law of such taxing jurisdiction, not otherwise— (A) be subject to any registration, taxation, or other related requirement for businesses operating within such jurisdiction; or (B) be deemed a resident of such jurisdiction for tax purposes. (5) Primary work location The term primary work location means, with respect to an employee, the address of the employer where the employee is regularly assigned to work when such employee is not working remotely during the covered period. (6) Taxing jurisdiction The term taxing jurisdiction has the same meaning given such term under section 2(d)(4). (7) Wages The term wages means all wages and other remuneration paid to an employee that are subject to tax or withholding requirements under the law of the taxing jurisdiction in which the employment duties are deemed to be performed under subsection (a) during the covered period. (8) Working remotely The term working remotely means the performance of duties by an employee at a location other than the primary work location of such employee at the direction of his or her employer due to conditions resulting from the public health emergency relating to the virus SARS–CoV–2 or coronavirus disease 2019 (referred to in this paragraph as COVID–19 ), including— (A) to comply with any government order relating to COVID–19; (B) to prevent the spread of COVID–19; and (C) due to the employee or a member of the employee's family contracting COVID–19. (d) Preservation of authority of taxing jurisdictions This section shall not be construed as modifying, impairing, superseding, or authorizing the modification, impairment, or supersession of the law of any taxing jurisdiction pertaining to taxation except as expressly provided in subsections (a) through (c). 4. Effective date; applicability (a) Effective date This Act shall apply to calendar years beginning after December 31, 2019. (b) Applicability This Act shall not apply to any tax obligation that accrues before January 1, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s1274is/xml/BILLS-117s1274is.xml |
117-s-1275 | II 117th CONGRESS 1st Session S. 1275 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Casey (for himself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Family Violence Prevention and Services Act to make improvements.
1. Short title; references in Act (a) Short title This Act may be cited as the Family Violence Prevention and Services Improvement Act of 2021 . (b) References Except as otherwise specified, amendments made by this Act to a section or other provision of law are amendments to such section or other provision of the Family Violence Prevention and Services Act ( 42 U.S.C. 10401 et seq.). 2. Purpose Subsection (b) of section 301 ( 42 U.S.C. 10401 ) is amended to read as follows: (b) Purpose It is the purpose of this title to improve services and interventions and advance primary and secondary prevention of family violence, domestic violence, and dating violence by— (1) assisting States and territories in supporting local family violence programs to provide accessible, trauma-informed, culturally relevant residential and non-residential services to domestic violence victims and their children and dependents; (2) strengthening the capacity of Indian Tribes to exercise their sovereign authority to respond to family violence committed against Indians; (3) providing for a network of technical assistance and training centers to support effective policy, practice, research, and cross-system collaboration to improve intervention and prevention efforts throughout the country; (4) supporting the efforts of State, territorial, and Tribal coalitions to document and address the needs of victims and their children and dependents, including victims and their children and dependents who are underserved, implement effective coordinated community and systems responses, and promote ongoing public education and community engagement; (5) maintaining national domestic violence hotlines, including a national Indian domestic violence hotline; and (6) supporting the development and implementation of evidence-informed, coalition-led, and community-based primary prevention approaches and programs. . 3. Definitions Section 302 ( 42 U.S.C. 10402 ) is amended— (1) by amending paragraph (2) to read as follows: (2) Dating partner The term dating partner means any person who is or has been in a social relationship of a romantic or intimate nature with a victim, and where the existence of such a relationship shall be determined based on a consideration of— (A) the length of the relationship; (B) the type of the relationship; and (C) the frequency of interaction between the persons involved in the relationship. ; (2) by striking paragraphs (3) and (4); (3) by inserting after paragraph (2) the following: (3) Digital services The term digital services means services, resources, information, support, or referrals provided through electronic communications platforms and media, which may include mobile phone technology, video technology, computer technology (including use of the internet), and any other emerging communications technologies that are appropriate for the purposes of providing services, resources, information, support, or referrals for the benefit of victims of domestic violence, dating violence, or family violence. (4) Domestic violence, dating violence, family violence The terms domestic violence , dating violence , and family violence mean any act, threatened act, or pattern of acts of physical or sexual violence, stalking, harassment, psychological abuse, economic abuse, technological abuse, or any other form of abuse, including threatening to commit harm against children or dependents or other members of the household of the recipient of the threat for the purpose of coercion, threatening, or causing harm, directed against— (A) a dating partner or other person similarly situated to a dating partner under the laws of the jurisdiction; (B) a person who is cohabitating with or has cohabitated with the person committing such an act; (C) a current or former spouse or other person similarly situated to a spouse under the laws of the jurisdiction; (D) a person who shares a child or dependent in common with the person committing such an act; or (E) any other person who is protected from any such act under the domestic or family violence laws, policies, or regulations of the jurisdiction. ; (4) by amending paragraph (5) to read as follows: (5) Indian; Indian Tribe; Tribal organization The terms Indian , Indian Tribe , and Tribal organization have the meanings given the terms Indian , Indian tribe , and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ; (5) by— (A) redesignating paragraphs (13) and (14) as paragraphs (17) and (18), respectively; (B) redesignating paragraphs (8) through (12) as paragraphs (11) through (15), respectively; and (C) redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (6) by inserting after paragraph (5) the following: (6) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). ; (7) in paragraph (8), as so redesignated, by striking 42 U.S.C. 13925(a) and inserting 34 U.S.C. 12291(a) ; (8) by inserting after paragraph (8) the following: (9) Population specific services The term population specific services has the meaning given such term in section 40002(a) of the Violence Against Women Act ( 34 U.S.C. 12291(a) ). (10) Racial and ethnic minority group The term racial and ethnic minority group includes each group listed in the definition of such term in section 1707(g) of the Public Health Service Act ( 42 U.S.C. 300u–6(g) ). ; (9) by amending paragraph (12), as so redesignated, to read as follows: (12) Shelter The term shelter means the provision of temporary refuge and basic necessities, in conjunction with supportive services, provided on a regular basis, in compliance with applicable State, Tribal, territorial, or local law to victims of family violence, domestic violence, or dating violence, and their children and dependents. Such law includes regulations governing the provision of safe homes and other forms of secure temporary lodging, meals, or supportive services (including providing basic necessities) to victims of family violence, domestic violence, or dating violence, and their children and dependents. ; (10) in paragraph (14), as so redesignated— (A) in the matter preceding subparagraph (C), by inserting , designated by the Secretary, after organization ; and (B) in subparagraph (C), by striking dependents and inserting children and dependents ; (11) in paragraph (15), as so redesignated, by striking dependents each place it appears and inserting children and dependents ; (12) by inserting after paragraph (15), as so redesignated, the following: (16) Tribal domestic violence coalition The term Tribal domestic violence coalition means an established nonprofit, nongovernmental Indian organization recognized by the Office of Violence Against Women of the Department of Justice that— (A) provides education, support, and technical assistance to member Indian service providers in a manner that enables the member providers to establish and maintain culturally appropriate services, including shelter (including supportive services) designed to assist Indian victims of family violence, domestic violence, or dating violence and the children and dependents of such victims; and (B) is comprised of members that are representative of— (i) the member service providers described in subparagraph (A); and (ii) the Tribal communities in which the services are being provided. ; (13) in paragraph (17), as so redesignated— (A) by striking tribally and inserting Tribally ; (B) by striking tribal and inserting Tribal ; and (C) by striking tribe each place it appears and inserting Tribe ; and (14) by striking paragraph (18), as so redesignated, and inserting the following: (18) Underserved populations and underserved individuals The terms underserved populations and underserved individuals mean victims of domestic violence, dating violence, or family violence, and their children and dependents who face obstacles in accessing and using State, Tribal, territorial, or local domestic violence, dating violence, or family violence services, and who may be overrepresented due to historical barriers. Populations may be underserved on the basis of, marginalized racial and ethnic minority populations, Indigenous status, cultural and language barriers, immigration status, physical, sensory, or cognitive disabilities, mental disabilities or other mental health needs, sexual orientation or gender identity, age (including both elders and minors), geographical location, faith or religious practice, or other bases, as determined by the Secretary, under the Family Violence Prevention and Services Act program carried out under this title. (19) Child The term child means an individual who is— (A) younger than age 18; and (B) not an emancipated minor. . 4. Authorization of appropriations The Act is amended by repealing section 303 ( 42 U.S.C. 10403 ) and inserting the following: 303. Authorization of appropriations (a) Application This section shall apply for any fiscal year before the first fiscal year for which the amount appropriated to carry out the provisions specified in subsection (b) is not less than $185,000,000. (b) Authorizations (1) In general There is authorized to be appropriated to carry out sections 301 through 312, $253,300,000 for each of fiscal years 2022 through 2026. (2) Reservation for grants to tribes Of the amounts appropriated under paragraph (1) for a fiscal year, 10 percent shall be reserved and used to carry out section 309. (3) Formula grants to states Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under paragraph (2) (referred to in this subsection as the remainder ), not less than 75 percent shall be used for making grants under section 306(a). (4) Technical assistance and training centers Of the remainder, not less than 6 percent shall be used to carry out section 310. (5) Grants for state domestic violence coalitions Of the remainder, not less than 10 percent shall be used to carry out section 311. (6) Specialized services Of the remainder, not less than 5 percent shall be used to carry out section 312. (7) Administration, evaluation, and monitoring Of the remainder, not more than 4 percent shall be used by the Secretary for evaluation, monitoring, and other administrative costs under this title. (c) Tribal domestic violence coalitions There is authorized to be appropriated to carry out section 311A $7,500,000 for each of fiscal years 2022 through 2026. (d) National domestic violence hotline There is authorized to be appropriated to carry out section 313 $14,000,000 for each of fiscal years 2022 through 2026. (e) National Indian Domestic Violence Hotline There is authorized to be appropriated to carry out section 313A $4,000,000 for each of fiscal years 2022 through 2026. (f) Domestic violence prevention enhancement and leadership through alliances There is authorized to be appropriated to carry out section 314 $26,000,000 for each of fiscal years 2022 through 2026. (g) Grants for underserved populations There is authorized to be appropriated to carry out section 315 $10,000,000 for each of fiscal years 2022 through 2026. (h) Grants for culturally specific services There is authorized to be appropriated to carry out section 316 $6,250,000 for each of fiscal years 2022 through 2026. 303A. Authorization of appropriations (a) Application This section shall apply for— (1) the first fiscal year for which the amount appropriated to carry out the provisions specified in subsection (b) is not less than $185,000,000; and (2) each subsequent fiscal year. (b) Authorization (1) In general There is authorized to be appropriated to carry out sections 301 through 312 and 316, $251,000,000 for each of fiscal years 2022 through 2026. (2) Reservations for grants to tribes Of the amounts appropriated under paragraph (1) for a fiscal year, 12.5 percent shall be reserved and used to carry out section 309. (3) Formula grants to states Of the amounts appropriated under paragraph (1) for a fiscal year and not reserved under paragraph (2) (referred to in this subsection as the remainder ), not less than 70 percent shall be used for making grants under section 306(a). (4) Technical assistance and training centers Of the remainder, not less than 6 percent shall be used to carry out section 310. (5) Grants for state and tribal domestic violence coalitions Of the remainder— (A) not less than 10 percent shall be used to carry out section 311; and (B) not less than 3 percent shall be used to carry out section 311A. (6) Specialized services Of the remainder, not less than 5 percent shall be used to carry out section 312. (7) Culturally specific services Of the remainder, not less 2.5 percent shall be used to carry out section 316. (8) Administration, evaluation, and monitoring Of the remainder, not more than 3.5 percent shall be used by the Secretary for evaluation, monitoring, and other administrative costs under this title. (c) National domestic violence hotline There is authorized to be appropriated to carry out section 313 $10,250,000 for each of fiscal years 2022 through 2026. (d) National Indian Domestic Violence Hotline There is authorized to be appropriated to carry out section 313A $4,000,000 for each of fiscal years 2022 through 2026. (e) Domestic violence prevention enhancement and leadership through alliances There is authorized to be appropriated to carry out section 314 $26,000,000 for each of fiscal years 2022 through 2026. (f) Grants for underserved populations There is authorized to be appropriated to carry out section 315 $10,000,000 for each of fiscal years 2022 through 2026. . 5. Authority of Secretary Section 304 ( 42 U.S.C. 10404 ) is amended— (1) in subsection (a)— (A) in paragraph (3), by inserting or institutions of higher education, including to support and evaluate demonstration or discretionary projects in response to current and emerging issues, after nongovernmental entities ; and (B) in paragraph (4), by striking CAPTA Reauthorization Act of 2010 and inserting Family Violence Prevention and Services Improvement Act of 2021 ; and (2) in subsection (b)— (A) in paragraph (2), by striking prevention and treatment of inserting prevention of, intervention in, and treatment of, ; and (B) in paragraph (3)— (i) in subparagraph (B), by striking ; and and inserting a semicolon; and (ii) by adding after subparagraph (C) the following: (D) making grants to eligible entities or entering into contracts with for-profit or nonprofit nongovernmental entities or institutions of higher education to conduct domestic violence research or evaluation; and . 6. Allotment of funds Section 305 ( 42 U.S.C. 10405 ) is amended— (1) by amending subsection (a) to read as follows: (a) In general From the sums appropriated under section 303 and available for grants to States under section 306(a) for any fiscal year, each State (including Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands) shall be allotted for a grant under section 306(a), $600,000, with the remaining funds to be allotted to each State (other than Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands) in an amount that bears the same ratio to such remaining funds as the population of such State bears to the population of all such States (excluding Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands). ; (2) in subsection (e), by striking under section 314 each place it appears and inserting under this title ; and (3) by striking subsection (f). 7. Formula grants to States Section 306 ( 42 U.S.C. 10406 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking dependents and inserting children and dependents ; and (B) in paragraph (3), by inserting Indians, members of Indian Tribes, or after who are ; and (2) in subsection (c)— (A) in paragraph (2)— (i) in subparagraph (A), by inserting , on the basis of sexual orientation or gender identity under section 40002(b)(13)(A) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b)(13)(A) ), after title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.), ; (ii) in subparagraph (B)(i), by striking the second sentence and inserting the following: If sex-segregated or sex-specific programming is necessary to the essential operation of a program, nothing in this paragraph shall prevent any such program or activity from being provided in a sex-specific manner. In such circumstances, grantees may meet the requirements of this paragraph by providing comparable services to individuals who cannot be provided with the sex-segregated or sex-specific programming. ; and (iii) in subparagraphs (C) and (D)— (I) by striking Indian tribe and inserting Indian Tribe ; and (II) by striking tribally and inserting Tribally ; (B) by striking paragraph (4); (C) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (D) in paragraph (4), as so redesignated— (i) in subparagraph (A), by adding at the end the following: The nondisclosure of confidential or private information requirements under section 40002(b)(2) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12291(b)(2) ) shall apply to grantees and subgrantees under this title in the same manner such requirements apply to grantees and subgrantees under such Act. ; (ii) in subparagraph (G)(i), by striking tribal and inserting Tribal ; (iii) by striking subparagraphs (B), (C), (D), and (F); and (iv) by redesignating subparagraphs (E), (G), and (H) as subparagraphs (B), (C), and (D), respectively; and (E) in paragraph (5), as so redesignated— (i) by striking Indian tribe and inserting Indian Tribe ; and (ii) by striking tribal and inserting Tribal . 8. State application Section 307 ( 42 U.S.C. 10407 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking tribally and inserting Tribally ; and (ii) by adding For purposes of section 2007(c)(3) of the Omnibus Crime Control and Safe Streets Act of 1968, a State's application under this paragraph shall be deemed to be a State plan . at the end; and (B) in paragraph (2)— (i) in subparagraph (A)— (I) by striking provide a description of the procedures that and inserting certify that procedures ; and (II) by inserting and provide a description of such procedures before the semicolon; (ii) in subparagraph (B)— (I) in the matter preceding clause (i), by striking assurances and inserting certifications ; and (II) in clause (iii)— (aa) in subclause (I)— (AA) by striking operation of shelters and inserting provision of shelter ; and (BB) by striking dependents and inserting children and dependents ; and (bb) in subclause (II), by striking dependents and inserting children and dependents ; (iii) in subparagraph (C), by striking an assurance and inserting a certification ; (iv) in subparagraph (D)— (I) by striking an assurance and inserting a certification ; (II) by striking planning and monitoring and inserting planning, coordination, and monitoring ; and (III) by striking and the administration of the grant programs and projects and inserting , the administration of the grant programs and projects, and the establishment of a set of service standards and best practices for grantees ; (v) in subparagraph (E)— (I) by inserting provide certification and before describe ; and (II) by striking to underserved populations and all that follows through the semicolon and inserting for individuals from racial and ethnic minority groups, Tribal populations, and other underserved populations, in the State planning process, and how the State plan addresses the unmet needs of such populations; ; (vi) in subparagraphs (E), (F), and (G), by striking Indian tribe each place it appears and inserting Indian Tribe ; (vii) in subparagraph (G), by striking tribally and inserting Tribally ; (viii) by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively; (ix) by inserting after subparagraph (G) the following: (H) describe how activities and services provided by the State or Indian Tribe are designed to promote trauma-informed care, autonomy, and privacy for victims of family violence, domestic violence, and dating violence, and their children and dependents, including in the design and delivery of shelter services; ; and (x) in subparagraph (I), as so redesignated— (I) by striking tribe and inserting Tribe ; (II) by striking an assurance and inserting a certification ; and (III) by inserting , remove, or exclude after bar ; and (2) in subsection (b)— (A) in paragraph (2), by striking tribe each place it appears and inserting Tribe ; and (B) in paragraph (3)— (i) in the heading, by striking tribal and inserting Tribal ; and (ii) by striking Indian tribes each place such term appears and inserting Indian Tribes . 9. Subgrants and uses of funds Section 308 ( 42 U.S.C. 10408 ) is amended— (1) in subsection (a)— (A) by striking that is designed and inserting that are designed ; and (B) by striking dependents and inserting children and dependents ; (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking , supportive services, or prevention services and inserting or supportive services ; (ii) in subparagraph (B), by striking developing safety plans and inserting safety planning ; (iii) in subparagraph (E), by inserting for racial and ethnic minority groups before the semicolon; (iv) by redesignating subparagraphs (F) through (H) as subparagraphs (G) through (I), respectively; (v) by inserting after subparagraph (E) the following: (F) provision of shelter and services to underserved populations; ; (vi) in subparagraph (H), as so redesignated— (I) in the matter preceding clause (i), by striking , case management services, ; (II) in clause (i), by striking Federal and State and inserting Federal, State, and local ; (III) in clause (iii), by striking , but which shall not include reimbursement for any health care services ; (IV) in clause (v), by striking ; and and inserting a semicolon; (V) by redesignating clause (vi) as clause (vii); (VI) by inserting after clause (v) the following: (vi) language assistance, including translation of written materials, telephonic and in-person interpreter services, for victims with limited English proficiency or victims who are deaf or hard of hearing; and ; and (VII) in clause (vii), as so redesignated, by striking ; and and inserting a semicolon; and (vii) by adding at the end the following: (J) partnerships that enhance the design and delivery of services to victims and their children and dependents. ; (B) in paragraph (2)— (i) by striking for the primary purpose of providing and inserting whose primary purpose is to provide ; (ii) by inserting , for the provision of such shelter and services before the period at the end of the first sentence; (iii) by striking supportive services and prevention services and inserting supportive services or prevention services ; and (iv) by striking through (H) and inserting through (I) ; and (C) by striking dependents each place it appears (other than in paragraph (1)(J)) and inserting children and dependents ; and (3) in subsection (c)— (A) in paragraph (1)— (i) by striking a local public agency, or ; and (ii) by striking dependents and inserting children and dependents ; and (B) by striking tribal organizations, and voluntary associations), and inserting Tribal organizations and voluntary associations) or a local public agency ; and (C) by amending paragraph (2) to read as follows: (2) an organization whose primary purpose is to provide culturally appropriate services to racial and ethnic minority groups, Tribal communities, or other underserved populations, that does not have a documented history of effective work concerning family violence, domestic violence, or dating violence, but that is in partnership with an organization described in paragraph (1). ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in the heading, by striking or dependants and inserting , or children or dependents ; and (ii) by striking dependent and inserting child or dependent ; and (B) by amending paragraph (2) to read as follows: (2) Voluntarily accepted services Participation in supportive services under this title shall be voluntary. Receipt of the benefits of shelter described in subsection (b)(1)(A) shall not be conditioned upon the participation of the adult or youth, or their children or dependents, in any or all of the supportive services offered under this title. . 10. Grants for Indian Tribes Section 309 ( 42 U.S.C. 10409 ) is amended— (1) in subsection (a)— (A) by striking 42 U.S.C. 14045d and inserting 34 U.S.C. 20126 ; (B) by striking tribal and inserting Tribal ; (C) by striking Indian tribes and inserting Indian Tribes ; and (D) by striking section 303(a)(2)(B) and inserting section 303 or 303A and made available ; and (2) in subsection (b)— (A) by striking Indian tribe each place it appears and inserting Indian Tribe ; and (B) by striking tribal organization each place it appears and inserting Tribal organization . 11. National resource centers and training and technical assistance centers Section 310 ( 42 U.S.C. 10410 ) is amended— (1) in subsection (a)(2)— (A) in the matter preceding subparagraph (A), by striking under this title and reserved under section 303(a)(2)(C) and inserting under section 303 or 303A and made available to carry out this section ; (B) in subparagraph (A)— (i) in clause (i), by striking ; and and inserting a semicolon; (ii) in clause (ii), by striking 7 and inserting 9 ; and (iii) by adding at the end the following: (iii) an Alaska Native Tribal resource center on domestic violence, to reduce Tribal disparities; and ; and (C) in subparagraph (B)— (i) in the matter preceding clause (i), by striking grants, to inserting grants to entities that focus on other critical issues, such as ; (ii) in clause (i), by striking (including Alaska Native) ; and (iii) by amending clause (ii) to read as follows: (ii) entities demonstrating expertise related to carrying out an activity described in subclause (I), (II), or (III) to— (I) address the housing needs of domestic violence victims and their children and dependents; (II) develop leadership of advocates from underserved populations; or (III) address other emerging issues related to family violence, domestic violence, or dating violence. ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i), by inserting and dependents after children ; and (II) in clause (ii), in the matter preceding subclause (I), by inserting online after central ; and (ii) in subparagraph (B)— (I) in clauses (i) and (ii)— (aa) by striking tribes and tribal organizations and inserting Tribes and Tribal organizations ; and (bb) by striking the tribes and inserting the Tribes ; (II) in clause (i), by striking 42 and all the follows through 3796gg–10 note and inserting 34 U.S.C. 10452 note ; (III) in clause (ii), by striking 42 and all that follows through 3796gg–10 note and inserting 34 U.S.C. 10452 note ; and (IV) in clause (iii), by inserting the Office for Victims of Crime and after Human Services, and ; (B) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking State and local domestic violence service providers and inserting support effective policy, practice, research, and cross systems collaboration ; (ii) in subparagraph (A), by striking which may include the response to the use of the self-defense plea by domestic violence victims and the issuance and use of protective orders and inserting including the issuance and use of protective orders, batterers' intervention programming, and responses to charged, incarcerated, and re-entering domestic violence victims ; (iii) in subparagraph (B), by striking dependents and inserting children ; (iv) in subparagraph (C), by inserting , and the response of domestic violence programs and other community organizations with respect to health advocacy and addressing health issues before the period; (v) by amending subparagraph (D) to read as follows: (D) The response of mental health, substance use disorder treatment and recovery, domestic violence, and other related systems and programs to victims of domestic violence and their children and dependents who experience psychological trauma, mental health needs, or substance use-related needs. ; and (vi) by adding at the end the following: (F) The response of the domestic violence programs and related systems to victims who are underserved due to sexual orientation or gender identity, including expanding the capacity of lesbian, gay, bisexual, and transgender organizations to respond to and prevent domestic violence. (G) Strengthening the organizational capacity of State, territorial, and Tribal domestic violence coalitions and of State, territorial, and Tribal administrators who distribute funds under this title to community-based domestic violence programs, with the aim of better enabling such coalitions and administrators— (i) to collaborate and respond effectively to domestic violence; (ii) to meet the conditions and carry out the provisions of this title; and (iii) to implement best practices to meet the emerging needs of victims of domestic violence and their families, children, and dependents. ; (C) by redesignating paragraph (3) as paragraph (4); (D) by inserting after paragraph (2) the following: (3) Alaska Native Tribal resource center In accordance with subsection (a)(2), the Secretary shall award a grant to an eligible entity for an Alaska Native Tribal resource center on domestic violence to reduce Tribal disparities, which shall— (A) offer a comprehensive array of technical assistance and training resources to Indian Tribes and Tribal organizations, specifically designed to enhance the capacity of the Tribes and organizations to respond to domestic violence and the findings of section 901 and purposes in section 902 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( 34 U.S.C. 10452 note); (B) coordinate all projects and activities with the national resource center described in paragraph (1)(B), including projects and activities that involve working with non-Tribal State and local governments to enhance their capacity to understand the unique needs of Alaska Natives; (C) provide comprehensive community education and domestic violence prevention initiatives in a culturally sensitive and relevant manner; and (D) coordinate activities with other Federal agencies, offices, and grantees that address the needs of Alaska Natives that experience domestic violence, including the Office of Justice Services of the Bureau of Indian Affairs, the Indian Health Service, and the Office for Victims of Crime and the Office on Violence Against Women of the Department of Justice. ; and (E) in paragraph (4), as so redesignated— (i) in subparagraphs (A) and (B)(i), by striking Indian tribes, tribal organizations and inserting Indian Tribes, Tribal organizations ; and (ii) in subparagraph (B)— (I) by striking the tribes and inserting the Tribes ; and (II) by striking nontribal and inserting non-Tribal ; and (iii) by striking (including Alaska Natives) each place it appears; and (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking or (D) and inserting (D), (F), or (G) ; and (ii) by amending subparagraph (B) to read as follows: (B) includes on the board of directors or advisory committee and on the staff of such entity, individuals who are from domestic violence programs and who are geographically and culturally diverse, and, with respect to grantees described in subsection (b)(2)(F), who reflect the targeted communities; and ; (B) in paragraph (2)— (i) by striking tribal organization each place it appears and inserting Tribal organization ; (ii) by striking Indian tribes each place it appears and inserting Indian Tribes ; (iii) by striking 42 and all that follows through 3796gg–10 note and inserting 34 U.S.C. 10452 note ; and (iv) by striking tribally and inserting Tribally ; (C) in paragraph (3)(B)— (i) in clause (ii), by striking ; and and inserting a semicolon; (ii) in clause (iii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iv) has a board of directors or advisory committee, and staff, that reflect the targeted community. ; (D) by redesignating paragraph (4) as paragraph (5); (E) by inserting after paragraph (3) the following: (4) Alaska Native Tribal Resource Center on Domestic Violence To be eligible to receive a grant under subsection (b)(3), an entity shall be a Tribal organization or a nonprofit private organization that focuses primarily on issues of domestic violence within Tribes in Alaska that submits information to the Secretary demonstrating— (A) experience working with Alaska Tribes and Tribal organizations to respond to domestic violence and the findings of section 901 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ; 34 U.S.C. 10452 note); (B) experience providing Alaska Tribes and Tribal organizations with assistance in developing Tribally based prevention and intervention services addressing domestic violence and safety for Indian women consistent with the purposes of section 902 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ; 34 U.S.C. 10452 note); (C) strong support for the entity's designation as the Alaska Native Tribal resource center on domestic violence from advocates working with Alaska Tribes to address domestic violence and the safety of Alaska Native women; (D) a record of demonstrated effectiveness in assisting Alaska Tribes and Tribal organizations with prevention and intervention services addressing domestic violence; and (E) the capacity to serve Tribes across the State of Alaska. ; and (F) in paragraph (5), as so redesignated— (i) by striking (including Alaska Natives) ; and (ii) by striking Indian tribe, tribal organization and inserting Indian Tribe, Tribal organization . 12. Grants to State domestic violence coalitions Section 311 ( 42 U.S.C. 10411 ) is amended— (1) in subsection (b)(1), by striking section 303(a)(2)(D) and inserting section 303 or 303A and made available to take out this section ; (2) in subsection (d)— (A) in the matter preceding paragraph (1), by striking shall include ; (B) in paragraph (1)— (i) by inserting , and evidence-informed prevention of, after comprehensive responses to ; and (ii) by striking working with local and inserting “shall include— (A) working with local ; (C) by redesignating paragraphs (2) and (3) as subparagraphs (B) and (C), respectively, and adjusting the margins accordingly; (D) in subparagraph (C) of paragraph (1), as so redesignated— (i) by striking dependents and inserting children and dependents ; and (ii) by adding and after the semicolon; and (E) by inserting after subparagraph (C) of paragraph (1), as so redesignated, the following: (D) collaborating with Indian Tribes and Tribal organizations (and corresponding Native Hawaiian groups or communities) to address the needs of Indian (including Alaska Native) and Native Hawaiian victims of family violence, domestic violence, or dating violence, as applicable in the State; and ; (F) in paragraph (4), by striking collaborating with and providing and inserting “may include— (A) collaborating with and providing ; (G) by redesignating paragraph (4) as paragraph (2); (H) in paragraph (6), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (I) by redesignating paragraphs (5) through (7) as subparagraphs (B) through (D), respectively, and adjusting the margins accordingly; (J) in clause (ii) of subparagraph (C) of paragraph (2), as so redesignated, by striking child abuse is present; and inserting there is a co-occurrence of child abuse; and ; (K) by striking paragraph (8); and (L) in subparagraph (D) of paragraph (2), as so redesignated, by striking ; and and inserting a period; (3) by striking subsection (e); (4) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively; and (5) in subsection (g), as so redesignated, by striking Indian tribes and tribal organizations and inserting Indian Tribes and Tribal organizations . 13. Grants to Tribal domestic violence coalitions The Family Violence Prevention and Services Act ( 42 U.S.C. 10401 et seq.) is amended by inserting after section 311 the following: 311A. Grants to Tribal domestic violence coalitions (a) Grants authorized Beginning with fiscal year 2022, out of amounts appropriated under section 303 or 303A and made available to carry out this section for a fiscal year, the Secretary shall award grants to eligible entities in accordance with this section. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a Tribal domestic violence coalition that is recognized by the Office on Violence Against Women of the Department of Justice that provides services to Indian Tribes. (c) Application Each Tribal domestic violence coalition desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application submitted by the coalition for the grant shall provide documentation of the coalition’s work, demonstrating that the coalition— (1) meets all the applicable requirements set forth in this section; and (2) has the ability to conduct all activities described in this section, as indicated by— (A) a documented experience in administering Federal grants to conduct the activities described in subsection (d); or (B) a documented history of activities to further the purposes of this section set forth in subsection (d). (d) Use of funds A Tribal domestic violence coalition eligible under subsection (b) that receives a grant under this section may use the grant funds for administration and operation to further the purposes of family violence, domestic violence, and dating violence intervention and prevention activities, including— (1) working with local Tribal family violence, domestic violence, or dating violence service programs and providers of direct services to encourage appropriate and comprehensive responses to family violence, domestic violence, and dating violence against adults or youth within the Indian Tribes served, including providing training and technical assistance and conducting Tribal needs assessments; (2) participating in planning and monitoring the distribution of subgrants and subgrant funds within the State under section 308(a); (3) working in collaboration with Tribal service providers and community-based organizations to address the needs of victims of family violence, domestic violence, and dating violence, and their children and dependents; (4) collaborating with, and providing information to, entities in such fields as housing, health care, mental health, social welfare, and law enforcement to support the development and implementation of effective policies; (5) supporting the development and implementation of effective policies, protocols, legislation, codes, and programs that address the safety and support needs of adult and youth Tribal victims of family violence, domestic violence, or dating violence; (6) encouraging appropriate responses to cases of family violence, domestic violence, or dating violence against adults or youth, by working with Tribal, State, and Federal judicial agencies and law enforcement agencies; (7) working with Tribal, State, and Federal judicial agencies, including family law judges, criminal court judges, child protective service agencies, and children's advocates to develop appropriate responses to child custody and visitation issues— (A) in cases of child exposure to family violence, domestic violence, or dating violence; or (B) in cases in which— (i) family violence, domestic violence, or dating violence is present; and (ii) child abuse is present; (8) providing information to the public about prevention of family violence, domestic violence, and dating violence within Indian Tribes; and (9) assisting Indian Tribes' participation in, and attendance of, Federal and State consultations on family violence, domestic violence, or dating violence, including consultations mandated by the Violence Against Women Act of 1994 (title IV of Public Law 103–322 ), the Victims of Crime Act of 1984 ( 34 U.S.C. 20101 et seq.), or this title. (e) Reallocation If, at the end of the sixth month of any fiscal year for which sums are appropriated under section 303 or 303A and made available to carry out this section, a portion of the available amount has not been awarded to Tribal domestic violence coalitions for grants under this section because of the failure of such coalitions to meet the requirements for such grants, then the Secretary shall award such portion, in equal shares, to Tribal domestic violence coalitions that meet such requirements. . 14. Specialized services for abused parents and their children Section 312 ( 42 U.S.C. 10412 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking dating violence service programs and community-based programs to prevent future domestic violence by addressing, in an appropriate manner, the needs of children and inserting culturally specific community-based programs to serve children and youth ; and (ii) by inserting , and to support the caregiving capacity of adult victims before the period; and (B) in paragraph (2), by striking more than 2 and inserting less than 3 ; (2) in subsection (b)— (A) by inserting or State domestic violence services after local ; (B) by inserting a culturally specific organization, after associations), ; (C) by striking tribal organization and inserting Tribal organization ; (D) by inserting adult and child after serving ; and (E) by striking and their children ; and (3) in subsection (c)— (A) by amending paragraph (1) to read as follows: (1) a description of how the entity will prioritize the safety of, and confidentiality of information about adult and child victims of family violence, domestic violence, or dating violence; ; (B) in paragraph (2), by striking developmentally appropriate and age-appropriate services, and culturally and linguistically appropriate services, to the victims and children; and and inserting trauma-informed, developmentally appropriate, age-appropriate, and culturally and linguistically appropriate services to children and youth and their adult caregivers; ; (C) in paragraph (3), by striking appropriate and relevant to the unique needs of children exposed to family violence, domestic violence, or dating violence. and inserting relevant to the unique needs of children and youth exposed to family violence, domestic violence, or dating violence, and address the parent's or caregiver's ongoing caregiving capacity; and ; and (D) by adding at the end the following: (4) a description of prevention activities targeting child and youth victims of family violence, domestic violence, or dating violence. ; (4) in subsection (d)— (A) in the matter preceding paragraph (1), by striking community-based program described in subsection (a) and inserting culturally specific, community-based program ; (B) in paragraph (1)(A)— (i) by striking victims of family violence, domestic violence, or dating violence and their children and inserting child and adult victims of family violence, domestic violence, or dating violence ; and (ii) by inserting or the health system before the semicolon; and (C) in paragraph (2)— (i) in subparagraph (B), by striking community-based organizations serving victims of family violence, domestic violence, or dating violence or children exposed to family violence, domestic violence, or dating violence and inserting health, education, or other community-based organizations serving adult and child victims of family violence, domestic violence, or dating violence ; and (ii) in subparagraph (C), by inserting health, after transportation, ; and (5) in subsection (e)— (A) by inserting shall participate in an evaluation and after under this section ; and (B) by striking contain an evaluation of and inserting information on . 15. National domestic violence hotline grant Section 313 ( 42 U.S.C. 10413 ) is amended— (1) in subsection (a)— (A) by striking toll-free telephone and inserting telephonic and digital services ; (B) by striking a hotline that provides and inserting a hotline and digital services that provide ; and (C) by inserting before the period at the end of the second sentence the following: , and who provide information about healthy relationships for adults and youth ; (2) in subsection (d)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by inserting and digital services after hotline ; (ii) in subparagraphs (A) and (B), by striking hotline personnel each place such term appears and inserting advocacy personnel ; (iii) in subparagraph (A), by striking are able to effectively operate any technological systems used by the hotline and inserting or digital services are able to effectively operate any technological systems used by the hotline or provide any digital services, as applicable ; (iv) in subparagraphs (D), (E), and (F), by inserting and digital services after hotline each place such term appears; (v) in subparagraph (F), by inserting or visual after hearing ; and (vi) in subparagraph (G), by striking teen dating violence hotline and inserting youth dating violence hotline and other digital services and resources ; (B) in paragraph (4), by inserting , digital services, after hotline ; (C) by amending paragraph (5) to read as follows: (5) demonstrate the ability to— (A) provide information and referrals for individuals contacting the hotline via telephonic or digital services; (B) directly connect callers or assist digital services users in connecting to service providers; and (C) employ crisis interventions meeting the standards of family violence, domestic violence, and dating violence providers; ; (D) by redesignating paragraphs (6) through (8) as paragraphs (7) through (9), respectively; and (E) by inserting after paragraph (5) the following: (6) demonstrate the ability to provide information about healthy relationships for adults and youth; ; and (3) in subsection (e)— (A) in the heading, by inserting and digital services after Hotline ; (B) in paragraph (1)— (i) by striking telephone hotline and inserting telephonic hotline and digital services ; and (ii) by striking assistance to adult and inserting for the benefit of adult ; and (C) in paragraph (2)— (i) in subparagraph (A), by inserting and an internet service provider for the use of operating digital services before the semicolon; (ii) in subparagraph (B), by striking , provide counseling and referral services for callers on a 24-hour-a-day basis, and directly connect callers and inserting and digital services contacts, provide counseling, health relationship information, and referral services for callers and digital services users, on a 24-hour-a-day basis, and directly connect callers and digital services users ; (iii) in subparagraph (C), by inserting or digital services users after callers ; (iv) in subparagraph (D), by inserting and digital services after hotline ; (v) in subparagraph (E), by striking underserved populations and inserting racial and ethnic minority groups, Tribal and underserved populations, ; and (vi) in subparagraph (F), by striking teen violence hotline and inserting hotline or digital services . 16. National Indian domestic violence hotline grant (a) Findings Congress finds that— (1) 84.3 percent of American Indian and Alaska Native women have experienced violence in their lifetime; (2) 81.6 percent of American Indian and Alaska Native men have experienced violence in their lifetime; (3) 56.1 percent of American Indian and Alaska Native women will experience sexual violence in their lifetime; (4) 55.5 percent of American Indian and Alaska Native women will experience intimate partner violence in their lifetime; (5) 48.8 percent of American Indian and Alaska Native women will experience stalking; (6) 38 percent of American Indian and Alaska Natives female victims have been previously unable to access victim assistance services; (7) Indian Tribes require additional criminal justice and victim services resources to respond to violent assaults against women; (8) the unique legal relationship of the United States to Indian Tribes creates a Federal trust responsibility to assist Tribal governments in safeguarding the lives of Indian women; and (9) a national Indian domestic violence hotline is required to increase access of Indian adult and youth victims of family violence, domestic violence, and dating violence to Tribal victim services and resources. (b) Purpose The purpose of this section is to increase the availability of information and assistance to Indian adult or youth victims of family violence, domestic violence, or dating violence, family and household members of such victim, and individuals affected by such victimization by supporting a national, toll-free telephonic and digital hotline to provide services that are— (1) informed of Federal Indian law and Tribal laws impacting Indian victims of family violence, domestic violence, or dating violence; (2) culturally appropriate to Indian adult and youth victims; and (3) developed in cooperation with victim services offered by Indian Tribes and Tribal organizations. (c) Grant program The Family Violence Prevention and Services Act ( 42 U.S.C. 10401 et seq.) is amended by inserting after section 313 the following: 313A. National Indian domestic violence hotline grant (a) In general The Secretary shall award a grant to a Tribal organization or private, non-profit entity to maintain the ongoing operation of a national, toll-free telephonic and digital hotline service to provide information and assistance to Indian adult and youth victims of family violence, domestic violence, or dating violence, family and household members of such victims, and other individuals affected by such victimization. (b) Term The Secretary shall award a grant under this section for a period of not more than 5 years. (c) Conditions on payment The provision of payments under a grant awarded under this section shall be subject to annual approval by the Secretary and subject to the availability of appropriations for each fiscal year to make the payments. (d) Eligibility To be eligible to receive a grant under this section, an entity shall be a Tribal organization or a nonprofit private organization that focuses primarily on issues of domestic violence as it relates to American Indians and Alaska Natives, and submit an application to the Secretary that shall— (1) contain such agreements, assurances, and information, be in such form, and be submitted in such manner, as the Secretary shall prescribe; (2) include a complete description of the applicant’s plan for the operation of a national Indian domestic violence hotline and digital services, including descriptions of— (A) the training program for advocacy personnel relating to the provision of culturally appropriate and legally accurate services, information, resources and referrals for Indian victims of domestic, dating, and family violence; (B) the training program for advocacy personnel, relating to technology requirements to ensure that all persons affiliated with the hotline and digital services are able to effectively operate any technological systems required to provide the necessary services used by the hotline; (C) the qualifications of the applicant and the hiring criteria and qualifications for advocacy personnel, to ensure that hotline advocates and other personnel have demonstrated knowledge of Indian legal, social, and cultural issues, to ensure that the unique needs of Indian callers and users of digital services are met; (D) the methods for the creation, maintenance, and updating of a resource database of culturally appropriate victim services and resources available from Indian Tribes and Tribal organizations; (E) a plan for publicizing the availability of the services from the national Indian hotline to Indian victims of domestic violence and dating violence; (F) a plan for providing service to non-English speaking callers, including service through hotline and digital services personnel who have non-English language capability; (G) a plan for facilitating access to hotline and digital services by individuals with hearing impairments; and (H) a plan for providing assistance and referrals to Indian youth victims of domestic violence and for victims of dating violence who are minors, which may be carried out through a national Indian youth dating violence hotline, digital services, or other resources; (3) demonstrate recognized expertise providing services, including information on healthy relationships and referrals for Indian victims of family violence, domestic violence, or dating violence and coordinating services with Indian Tribes or Tribal organizations; (4) demonstrate support from Indian victim services programs, Tribal coalitions recognized by the Office on Violence Against Women and Tribal grantees under this title; (5) demonstrate capacity and the expertise to maintain a domestic violence hotline, digital services and a comprehensive database of service providers from Indian Tribes or Tribal organizations; (6) demonstrate compliance with nondisclosure requirements as described in section 306(c)(5) and following comprehensive quality assurance practices; and (7) contain such other information as the Secretary may require. (e) Indian hotline activities (1) In general An entity that receives a grant under this section shall use funds made available through the grant for the purpose described in subsection (a), consistent with paragraph (2). (2) Activities In establishing and operating the hotline, the entity— (A) shall contract with a carrier for the use of a toll-free telephone line and an internet service provider for digital services; (B) shall employ, train (including providing technology training), and supervise personnel to answer incoming calls and digital services contacts, provide counseling, healthy relationship and referral services for Indian callers and digital services users, directly connect callers, and assist digital services users in connecting to service providers; (C) shall assemble and maintain a database of information relating to services for Indian victims of family violence, domestic violence, or dating violence to which Indian callers or digital services users may be referred, including information on the availability of shelters and supportive services for victims of family violence, domestic violence, or dating violence; (D) shall widely publicize the hotline and digital services throughout Indian Tribes and communities, including— (i) national and regional member organizations of Indian Tribes; (ii) Tribal domestic violence services programs; and (iii) Tribal non-profit victim service providers; (E) at the discretion of the hotline operator, may provide appropriate assistance and referrals for family and household members of Indian victims of family violence, domestic violence, or dating violence, and Indians affected by the victimization described in subsection (a); and (F) at the discretion of the hotline operator, may provide assistance, or referrals for counseling or intervention, for identified Indian perpetrators, including self-identified perpetrators, of family violence, domestic violence, or dating violence, but shall not be required to provide such assistance or referrals in any circumstance in which the hotline operator fears the safety of a victim may be impacted by an abuser or suspected abuser. (f) Reports and evaluation The entity receiving a grant under this section shall submit a performance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance report shall describe the activities that have been carried out with such grant funds, contain an evaluation of the effectiveness of such activities, and provide such additional information as the Secretary may reasonably require. . 17. Domestic violence prevention enhancement and leadership Section 314 ( 42 U.S.C. 10414 ) is amended to read as follows: 314. Domestic violence prevention enhancement and leadership (a) Purpose and description of grants (1) Purpose The purposes of this section are— (A) to continue efforts to build evidence for effective primary prevention practices, programs, and policies that reduce and end family violence, domestic violence, and dating violence; (B) to build capacity at the State, Tribal, territorial, and local levels to meet the objectives described in subparagraph (A); and (C) to advance primary prevention efforts related to family violence, domestic violence, and dating violence nationally. (2) Description of grants From the amounts appropriated under this section, the Secretary shall— (A) acting through the Division of Violence Prevention of the Centers for Disease Control and Prevention, in consultation with the Director of the Division of Family Violence Prevention and Services of the Administration for Children and Families— (i) provide core grants under subsection (b)(1) to support primary prevention of family violence, domestic violence and dating violence; and (ii) enter into cooperative agreements under subsection (b)(2) with State, territorial, and Tribal domestic violence coalitions that are in partnerships with entities carrying out local and culturally specific programs, to test, evaluate, or scale up innovative family violence, domestic violence, or dating violence prevention models, particularly those programs serving culturally specific or traditionally underserved populations; and (B) acting through the Family Violence Prevention and Services Program of the Administration for Children and Families, award grants under subsection (c) to enhance the capacity of communities and systems to engage in effective prevention efforts. (3) Technical assistance, evaluation, and monitoring Of the amounts appropriated under this section for a fiscal year the Secretary may use— (A) not more than 5 percent of the amounts for evaluation, monitoring, and other administrative costs under this section; and (B) not more than 3 percent of the amounts for each fiscal year for technical assistance under this section. (b) Grants to State, territorial, and Tribal coalitions (1) Grants to build primary prevention capacity of domestic violence coalitions (A) Purpose The Secretary shall provide a core grant for each eligible State, territorial, and Tribal coalition. The Secretary shall provide such a grant to build organizational capacity and leadership for primary prevention of family violence, domestic violence and dating violence, including work with other systems central to prevention at the local, State, territorial, and Tribal levels. (B) Eligibility To be eligible to receive a grant under this paragraph, a State, territorial, or Tribal coalition shall be a State domestic violence coalition, territorial domestic violence coalition, or Tribal domestic violence coalition, respectively, that has not entered into a cooperative agreement under section 314 of this Act (as in effect on the day before the date of enactment of the Family Violence Prevention and Services Improvement Act of 2019) or under paragraph (2). (C) Allotment of funds From the amount appropriated to carry out this section, and available for this subsection the Secretary shall allot an equal share to each qualified entity receiving funds under section 311 or section 311A to carry out evidence-informed prevention activities. (D) Application Each coalition seeking a grant under this paragraph shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The application submitted by the coalition for the grant shall provide documentation of the coalition’s prevention work, satisfactory to the Secretary, demonstrating that the coalition— (i) meets all of the applicable requirements of this paragraph; and (ii) demonstrates the ability to conduct appropriately the prevention activities described in this paragraph. (E) Use of funds A coalition that receives a grant under this paragraph— (i) shall use the grant funds to— (I) build the coalition's organizational capacity and enhance its State or Tribal leadership to advance evidence-informed primary prevention of family violence, domestic violence, and dating violence; (II) provide prevention-focused training, technical assistance, peer learning opportunities, and other support to local domestic violence programs and other community-based and culturally specific programs working to address family violence, domestic violence, or dating violence; (III) provide training and advocacy to other State, Tribal, and local public and private systems on how to prevent domestic violence, dating violence, and family violence, and help victims, including through health services, early childhood programs, economic support programs, schools, child welfare, workforce development, community-based programs primarily serving racial and ethnic minority groups, community-based programs primarily serving other underserved populations, faith-based programs, and youth programs; and (IV) support dissemination of prevention strategies and approaches throughout the State, territorial, or Tribal communities; and (ii) may use the grant funds to provide subgrants to local programs to support the dissemination of primary prevention programs or initiatives. (F) Reports Each entity receiving a grant under this section shall submit a performance report to the Secretary at such time as the Secretary requires. Such performance report shall describe the activities that have been carried out with such grant funds and the effectiveness of such activities, and provide such additional information as the Secretary may require. (G) Federal activities The Secretary may use a portion of the funds provided under this paragraph to provide prevention-focused training, technical assistance, and other support to coalitions described in subparagraph (B) or State or local entities that are in partnerships with such coalitions. (2) Cooperative agreement for implementation and evaluation of primary prevention strategies (A) Purpose The Secretary shall enter into cooperative agreements with qualified State, territorial, and Tribal domestic violence coalitions that are in partnerships with entities carrying out local and culturally specific programs, to test, evaluate, or scale up innovative family violence, domestic violence, or dating violence prevention strategies and models, particularly those serving culturally specific or traditionally underserved populations. (B) Qualification To be qualified to enter into a cooperative agreement under subsection (a)(2)(A)(ii), an organization shall be a State, territorial, or Tribal domestic violence coalition and include representatives of pertinent sectors of the local community, which may include— (i) health care providers and Tribal, State, or local health departments; (ii) the education community; (iii) a faith-based community; (iv) the juvenile justice system; (v) family violence, domestic violence, and dating violence service program advocates; (vi) public human service entities; (vii) business and civic leaders; (viii) child and youth-serving organizations; (ix) community-based organizations whose primary purpose is to provide culturally appropriate services to underserved populations, including racial and ethnic minority communities; and (x) other pertinent sectors. (C) Term The Secretary shall enter into a cooperative agreement under this section for a period of not more than 5 fiscal years. (D) Conditions on payment The provision of payments under a cooperative agreement under this section shall be subject to— (i) annual approval by the Secretary; and (ii) the availability of appropriations for each fiscal year to make the payments. (E) Applications An organization that desires to enter into a cooperative agreement under this section shall submit to the Secretary an application, in such form and in such manner as the Secretary shall require, that— (i) identifies models and strategies to be tested and partner organizations who will be implementing programs to prevent family violence, domestic violence, or dating violence; (ii) demonstrates that the applicant has developed effective and collaborative relationships with diverse communities, including with organizations primarily serving racial and ethnic minority populations or other underserved populations; (iii) identifies other partners and sectors who will be engaged to meet the prevention goals; (iv) includes a description of the expected outcomes from the prevention activities and how the strategy is expected to achieve those outcomes; (v) describes the method to be used for identification and selection of project staff and a project evaluator; (vi) describes the method to be used for identification and selection of a project council consisting of representatives of the community sectors listed in subparagraph (B); (vii) demonstrates that the applicant has the capacity to carry out collaborative community initiatives to prevent family violence, domestic violence, and dating violence; and (viii) contains such other information, agreements, and assurances as the Secretary may require. (F) Geographical dispersion The Secretary shall enter into cooperative agreements under this section with organizations in States, territories, and Tribes geographically dispersed throughout the Nation. (G) Use of funds (i) In general An organization that enters into a cooperative agreement under this paragraph shall use the funds made available through the agreement to establish, operate, and maintain implementation and evaluation of coordinated community response to reduce risk factors for family violence, domestic violence and dating violence perpetration and enhance protective factors to promote positive development and healthy relationships and communities. (ii) Technical assistance, evaluation, and monitoring The Secretary may use a portion of the funds provided under this paragraph to provide for the evaluation, monitoring, administration, and technical assistance described in subsection (a)(3), with respect to the prevention projects. (H) Requirements In establishing and operating a project under this paragraph, an organization shall— (i) utilize evidence-informed prevention project planning; (ii) recognize and address the needs of underserved populations, racial and ethnic minority groups, and individuals with disabilities; (iii) use not less than 30 percent or more than 50 percent of awarded funds to subcontract with local domestic violence programs or other community-based programs to develop and implement such projects; (iv) in the case of a new grantee, use the funds for up to 1 year for planning and capacity building without subcontracting as described in clause (iii); and (v) use up to 8 percent of the funds awarded under this paragraph to procure technical assistance from a list of providers approved by the Secretary and peer-to-peer technical assistance from other grantees under this paragraph. (I) Reports Each organization entering into a cooperative agreement under this section shall submit a performance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance report shall describe activities that have been carried out with the funds made available through the agreement and the effectiveness of such activities, and provide such additional information as the Secretary may reasonably require. The Secretary shall make the evaluations received under this subparagraph publicly available on the Department of Health and Human Services internet website, and shall submit such reports to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. (c) Grants to expand community-Based primary prevention (1) Program The Secretary shall establish a grant program to expand the capacity of communities and systems to engage in effective prevention efforts. (2) Grants The Secretary may award grants to eligible entities through the program established under paragraph (1) for periods of not more than 4 years. If the Secretary determines that an entity has received such a grant and been successful in meeting the objectives of the grant application so submitted, the Secretary may renew the grant for 1 additional period of not more than 4 years. (3) Eligible entities To be eligible to receive a grant under this section, an entity shall— (A) be a private nonprofit, nongovernmental organization (which may include faith-based and charitable organizations) or a Tribal organization that is— (i) a community-based organization whose primary purpose is providing culturally specific services to racial and ethnic minority groups or other underserved populations; or (ii) a community-based organization with a program focused on serving youth or serving children and their parents or caregivers; and (B) have a demonstrated record of serving victims of family violence, domestic violence, or dating violence, or demonstrate a partnership with another organization that has such a record. (4) Application An entity seeking a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including— (A) a description of how the entity will develop, expand, or replicate evidence-informed primary prevention strategies and approaches in their communities, including culturally appropriate prevention programming; (B) documents that the entity meets all of the applicable requirements set forth in this subsection; and (C) demonstrates the ability to conduct appropriately the prevention activities described in this section. (5) Use of funds An entity that receives a grant under this section shall use the grant funds to— (A) build their organizational capacity and enhance their leadership of the organization within the community to promote community engagement in and advancement of evidence-informed primary prevention of family violence, domestic violence, or dating violence; (B) promote strategic prevention partnership development, including between any of domestic violence programs and health programs, early childhood programs, economic support programs, schools, child welfare programs, workforce development, culturally specific community-based organizations, faith-based programs, and youth programs; (C) support dissemination of prevention strategies and approaches through States, territories, Tribes, and Tribal organizations; and (D) use up to 5 percent of funds awarded under this section to procure technical assistance from a list of providers approved by the Secretary, from peer-to-peer technical assistance from other grantees under this section, or from both. (6) Reports and evaluation Each entity receiving a grant under this section shall submit a performance report to the Secretary at such time as shall be reasonably required by the Secretary. Such performance report shall describe the activities that have been carried out with such grant funds, contain an evaluation of the effectiveness of such activities, and provide such additional information as the Secretary may reasonably require. . 18. Additional grant programs The Family Violence Prevention and Services Act ( 42 U.S.C. 10401 et seq.) is amended by adding at the end the following: 315. Grants for underserved populations (a) Purpose It is the purpose of this section to provide grants to assist communities in mobilizing and organizing resources in support of effective and sustainable programs that will prevent and address domestic violence experienced by underserved populations. (b) Authority to award grants The Secretary, acting through the Director of the Division of Family Violence Prevention and Services, shall award capacity building, implementation, and evaluation grants to eligible entities to assist in developing, implementing, and evaluating culturally and linguistically appropriate, community-driven strategies to prevent and address domestic violence in underserved populations. (c) Eligible entities To be eligible to receive a grant under this section, an entity shall— (1) with respect to the programs under subsections (d) and (e), be— (A) a population specific organization that has demonstrated experience and expertise in providing population specific services in the relevant underserved communities, or a population specific organization working in partnership with a victim service provider or domestic violence or sexual assault coalition; or (B) a victim service provider offering population-specific services for a specific underserved population; or (2) with respect to the program under subsection (f), be an eligible entity described in paragraph (1) that is working in collaboration with an entity specializing in evaluation with documented experience working with targeted underserved populations; (d) Capacity building grants (1) In general The Secretary shall award grants to eligible entities to support the capacity building, planning, and development of programs for underserved communities that utilize community-driven intervention and prevention strategies that address the barriers to domestic violence services, raise awareness of domestic violence, and promote community engagement in the prevention of domestic violence in targeted underserved populations. Such grants may be used to— (A) (i) expand the collaboration with community partners who can provide appropriate assistance to the targeted underserved populations; and (ii) establish linkages with national, State, Tribal, or local public and private partners, which may include community health workers, advocacy, and policy organizations; (B) establish community working groups; (C) conduct a needs assessment of targeted underserved populations to determine the barriers to access and factors contributing to such barriers, using input from targeted underserved communities; (D) participate in training and technical assistance sponsored by the Family Violence Prevention and Services program for program development, implementation, evaluation, and other programmatic issues; (E) use up to 5 percent of funds awarded under this subsection to procure technical assistance from a list of providers approved by the Family Violence Prevention and Services program; (F) identify promising intervention and prevention strategies; (G) develop a plan with the input of targeted underserved communities that includes strategies for— (i) implementing intervention and prevention strategies that have the greatest potential for addressing the barriers to accessing services, raising awareness of domestic violence, and promoting community engagement in the prevention of domestic violence within targeted underserved populations; (ii) identifying other sources of revenue and integrating current and proposed funding sources to ensure long-term sustainability of the program; and (iii) conducting evaluation, including collecting data and measuring progress toward addressing domestic violence or raising awareness of domestic violence in targeted underserved populations; and (H) conduct an evaluation of the planning and development activities. (2) Duration The period during which payments may be made under a grant under paragraph (1) shall not exceed 2 years, except where the Secretary determines that extraordinary circumstances exist. (e) Implementation grants (1) In general The Secretary shall award grants to eligible entities that have received a planning grant under subsection (d) or who already have demonstrated experience and expertise in providing population specific services in the relevant underserved communities to enable such entities to— (A) implement a plan including intervention services or prevention strategies to address the identified barrier or awareness issue or initiate the community engagement strategy for targeted underserved populations, in an effective and timely manner; (B) collect data appropriate for monitoring and evaluating the program carried out under the grant; (C) analyze and interpret data, or collaborate with academic or other appropriate institutions, for such analysis and collection; (D) participate in training for the purpose of informing and educating other entities regarding the experiences and lessons learned from the project; (E) collaborate with appropriate partners to disseminate information gained from the project for the benefit of other domestic violence programs; (F) establish mechanisms with other public or private groups to maintain financial support for the program after the grant terminates; (G) develop policy initiatives for systems change to address the barriers or awareness issue; (H) develop and implement community engagement strategies; (I) maintain relationships with local partners and continue to develop new relationships with national and State partners; (J) evaluate the implementation of the activities described in this paragraph; and (K) use up to 5 percent of funds awarded under this subsection to procure technical assistance from a list of providers approved by the Family Violence Prevention and Services program. (2) Duration The Secretary shall award grants under this subsection for 3-year periods. (f) Evaluation grants (1) In general The Secretary may award grants to eligible entities that have received an implementation grant under subsection (e) and that require additional assistance for the purpose of rigorous data analysis, program evaluation (including process and outcome measures), or dissemination of findings. (2) Priority In awarding grants under this subsection, the Secretary shall give priority to— (A) entities that in previous funding cycles— (i) have received a grant under subsection (d); or (ii) established population specific organizations that have demonstrated experience and expertise in providing population-specific services in the relevant underserved communities programs; and (B) entities that incorporate best practices or build on successful models in their action plan, including the use of community advocates. (3) Duration The period during which payments may be made under a grant under paragraph (1) shall not exceed 2 years, except where the Secretary determines that extraordinary circumstances exist. (g) Nonsupplantation Funds provided under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended to provide services and activities that promote the purposes of this title. (h) Technical assistance, evaluation, and monitoring (1) In general Of the funds appropriated under this section for each fiscal year— (A) up to 5 percent may be used by the Secretary for evaluation, monitoring, and other administrative costs under this section; and (B) up to 3 percent may be used by the Secretary for technical assistance. (2) Technical assistance provided by grantees The Secretary shall enable grantees to share best practices, evaluation results, and reports using the internet, conferences, and other pertinent information regarding the projects funded by this section, including the outreach efforts of the Family Violence Prevention and Services program to underserved programs. (3) Reports and evaluation Each entity receiving funds under this section shall file a performance report at such times as requested by the Secretary describing the activities that have been carried out with such grant funds and providing such additional information as the Secretary may require. (i) Administrative burdens The Secretary shall make every effort to minimize duplicative or unnecessary administrative burdens on the grantees. 316. Grants to enhance culturally specific services for racial and ethnic minority populations (a) Establishment The Secretary of Health and Human Services, acting through the Director of the Division of Family Violence Prevention and Services in the Administration on Children, Youth, and Families (referred to in this section as the Director ), shall establish a grant program to establish or enhance culturally specific services for victims of domestic violence, dating violence, and family violence from racial and ethnic minority populations. (b) Purposes (1) In general The purposes of the grant program under this section are to— (A) develop and support innovative culturally specific community-based programs to enhance access to shelter services or supportive services to further the purposes of family violence, domestic violence, and dating violence intervention and prevention for all victims of family violence, domestic violence, or dating violence from racial and ethnic minority populations who face obstacles to using more traditional services and resources; (B) strengthen the capacity and further the leadership development of individuals in racial and ethnic minority populations to address family violence, domestic violence, and dating violence in their communities; and (C) promote strategic partnership development and collaboration, including with health, early childhood programs, economic support programs, schools, child welfare, workforce development, domestic violence programs, other community-based programs, faith-based programs, and youth programs, in order to further a public health approach to addressing domestic violence and dating violence. (2) Use of funds (A) In general The Director shall award grants to programs based in the targeted community to establish or enhance domestic violence and dating violence intervention and prevention efforts that address distinctive culturally specific responses to domestic violence and dating violence in racial and ethnic minority populations. (B) New programs In carrying out this section, the Secretary may award initial planning and capacity building grants to eligible entities that are establishing new programs in order to support the planning and development of culturally specific programs. (C) Competitive basis The Secretary shall ensure that grants are awarded, to the extent practical, only on a competitive basis, and that a grant is awarded for a proposal only if the proposal has been recommended for such an award through a process of peer review. (D) Technical assistance Up to 5 percent of funds appropriated under this section for a fiscal year shall be available for technical assistance to be used by the grantees to access training and technical assistance from organizations that have entered into a cooperative agreement with the Director to provide training and technical assistance regarding the provision of effective culturally specific, community-based services for racial and ethnic minority populations. (3) Technical assistance and training The Director shall enter into cooperative agreements or contracts with organizations having a demonstrated expertise in and whose primary purpose is addressing the development and provision of culturally specific community-based services to victims of domestic violence and dating violence from the targeted populations to provide training and technical assistance for grantees. (c) Eligible entities To be eligible for a grant under this section, an entity shall— (1) be a private nonprofit, nongovernmental organization that is— (A) a community-based organization whose primary purpose is providing culturally specific services to victims of domestic violence and dating violence from racial and ethnic minority populations; or (B) a community-based organization whose primary purpose is providing culturally specific services to individuals from racial and ethnic minority populations that can partner with an organization having demonstrated expertise in serving victims of domestic violence and dating violence; and (2) have a board of directors and staffing which is reflective of the targeted minority group. (d) Cultural competency of services The Secretary shall ensure that information and services provided pursuant to this section are provided in the language, educational, and cultural context that is most appropriate for the individuals for whom the information and services are intended. (e) Grant period The Director shall award grants for a 3-year period, with a possible extension of another 2 years to further implementation of the projects under the grant. (f) Nonexclusivity Nothing in this section shall be interpreted to exclude linguistic and culturally specific community-based entities from applying for other sources of funding available under this title. (g) Reports and evaluation Each entity receiving funds under this section shall file a performance report at such times as requested by the Secretary describing the activities that have been carried out with such grant funds and providing such additional information as the Secretary may require. . | https://www.govinfo.gov/content/pkg/BILLS-117s1275is/xml/BILLS-117s1275is.xml |
117-s-1276 | II 117th CONGRESS 1st Session S. 1276 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Whitehouse (for himself, Mr. Booker , Mr. Blumenthal , Mr. Durbin , Ms. Hassan , Mrs. Shaheen , Mr. Markey , Mr. Brown , Ms. Warren , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain National Forest System land and certain public land under the jurisdiction of the Secretary of the Interior in the States of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness, wild and scenic rivers, wildland recovery areas, and biological connecting corridors, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Northern Rockies Ecosystem Protection Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Purposes. Sec. 4. Definitions. TITLE I—Designation of wilderness Sec. 101. Purpose. Sec. 102. Greater Glacier/Northern Continental Divide ecosystem. Sec. 103. Greater Yellowstone ecosystem. Sec. 104. Greater Salmon/Selway ecosystem. Sec. 105. Greater Cabinet/Yaak/Selkirk ecosystem. Sec. 106. Greater Hells Canyon ecosystem. Sec. 107. Islands in the Sky wilderness. Sec. 108. Wilderness in biological connecting corridors. Sec. 109. Administration. Sec. 110. Water. Sec. 111. Donation of grazing permits and leases. TITLE II—Biological connecting corridors Sec. 201. Findings. Sec. 202. Designation of biological connecting corridors. Sec. 203. Treatment of biological connecting corridors. Sec. 204. Applicability of title. Sec. 205. Cooperative agreements and land trades and acquisitions. Sec. 206. Exemption of certain roads and highways. TITLE III—Wild and scenic rivers designations Sec. 301. Designation of wild and scenic rivers in Idaho, Montana, and Wyoming. TITLE IV—Wildland restoration and recovery Sec. 401. Definitions. Sec. 402. Restoration and recovery. Sec. 403. Management. TITLE V—Implementation and monitoring Sec. 501. Implementation report. Sec. 502. Interagency team. Sec. 503. Roadless land evaluation. TITLE VI—Effect of Act on Indian Tribes Sec. 601. Rights of Indian Tribes. Sec. 602. Federal trust responsibility. Sec. 603. Exemption from Freedom of Information Act. Sec. 604. Application of Indian Self-Determination and Education Assistance Act. Sec. 605. Tribal use of protected areas. TITLE VII—Effect of Act on water rights Sec. 701. Water rights. 2. Findings Congress finds that— (1) many areas of undeveloped National Forest System land, National Park System land, and public land administered by the Bureau of Land Management in the States of Idaho, Montana, Oregon, Washington, and Wyoming (referred to in this section as public land )— (A) possess outstanding natural characteristics that give the areas value as wildernesses, parks, or wild and scenic rivers; and (B) if properly preserved, will be an enduring resource as wildernesses and wildland areas and of biodiversity for the benefit of the people of the United States; (2) the Northern Rockies Bioregion— (A) contains the most diverse array of wildland that remains in the United States south of Canada; (B) provides a sanctuary for species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (C) is national interest public land that is among the most popular wildland in the United States; and (D) embraces greater ecosystems and national treasures such as the Greater Yellowstone, Greater Glacier/Northern Continental Divide, Greater Hells Canyon/Wallowa, Greater Salmon/Selway, and Greater Cabinet/Yaak/Selkirk ecosystems; (3) the natural ecosystems in the Northern Rockies Bioregion are largely dependent on— (A) public land; and (B) the ecological productivity and diversity of resources on public land; (4) conservation of roadless areas on public land— (A) produces clean water; (B) protects native fisheries and native flora and fauna; (C) provides scenic and recreational qualities; and (D) preserves options for sustainable economics through activities such as hunting, fishing, and wilderness-based recreation; (5) the headwaters of several major river systems, including the Columbia, Snake, Green, Missouri, and Saskatchewan Rivers, are in the Northern Rockies Bioregion, and the water of those rivers— (A) flows to 3 oceans; (B) is of economic importance to farming and ranching operations, municipal water supplies, and water-based recreation, including fishing and boating; and (C) if protected, will enhance the uses described in subparagraph (B), reduce costs for water treatment and irrigation, and increase native fish populations; (6) the wildlife treasures of the Northern Rockies Bioregion are of international significance and contain intact, large mammalian fauna and rare and unique plant life; (7) wildlife habitat fragmentation due to road building, timber harvesting, mining, oil and gas exploration, lack of interagency cooperation, and other activities has severe effects on— (A) the wildlife populations of the Northern Rockies Bioregion (including populations of species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.)) and the habitats of the wildlife; and (B) the water quality, ancient forests, and greater ecosystems of the Northern Rockies Bioregion; (8) the overemphasis on resource extraction from public land has— (A) compromised ecosystem integrity and detracted from economic diversification opportunities; and (B) resulted in economic instability and high unemployment in rural, resource-dependent communities; (9) the fragmentation and development of the remaining roadless and essentially roadless ecosystems and biological connectors of the Northern Rockies Bioregion would cause a loss to the United States of— (A) an entire wildland region; and (B) the only remaining area in the United States south of Canada that can support populations of caribou, gray wolves, grizzly bears, anadromous fish, and other rare or endangered plant or animal life in 1 intact bioregion; (10) since the completion of the 1936 roadless area inventory by Bob Marshall, millions of acres of roadless wildland have been developed in the Northern Rockies Bioregion; (11) extensive fragmentation of wildland and wildlife habitat has— (A) resulted in the listing of several species as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); and (B) reduced the number and range of other species, including anadromous fish; (12) the natural ecosystems of the Northern Rockies Bioregion serve as educational and research centers for onsite studies in biology, geology, astronomy, and other sciences; (13) the pristine nature of public land helps local communities attract new residents and businesses based on local quality of life; (14) a review of the situation in the Northern Rockies Bioregion as of the date of enactment of this Act has revealed the urgent need for an ecological reserve system for the Northern Rockies Bioregion that includes core ecosystem reserve areas and biological connecting corridors necessary to ensure wildlife movements and genetic interchange between the core reserve areas; (15) wildlife freedom of movement is essential to the survival of wildlife species, and a number of scientific studies have identified movement corridors as necessary for wildlife conservation in a changing climate; (16) several foreign governments, including the governments of Australia and Scotland, have announced plans for corridors that would make wildlife movement possible as climate pressures increase; (17) the concept of connective corridors for wildlife movement— (A) has been endorsed by the Governors of States in the western United States; and (B) is recognized by conservation and scientific organizations, such as the National Academy of Sciences, which, in 2008, described freedom of movement for wildlife as basic to the emerging new science of movement ecology; (18) freedom of wildlife movement— (A) was a fundamental reason for the development and introduction of this Act; and (B) has become an increasingly high-profile issue in the climate and biological sciences; (19) the economic value to the United States of most of the public land, left in its natural state, exceeds any potential return to the Treasury of the United States from timber harvest and development; (20) if Federal land management in the Northern Rockies Bioregion continues to result in development in roadless areas, the Federal Government will be using tax revenues to fund permanent reductions in wilderness, water quality, fish and wildlife habitat, species, and biological diversity; (21) this Act— (A) provides opportunities for employment in outdoor trades by establishing rehabilitation zones on specific tracts of damaged Federal land where active restoration work will occur; (B) will provide contracts for local businesses; and (C) will renew the intrinsic economic, social, and cultural benefits that result from productive land; (22) Federal land rehabilitation projects— (A) have direct benefits to local economies; and (B) reduce the loss to taxpayers in the United States caused by below-cost timber sales and other subsidized resource extraction; (23) a congressional review of roadless areas within public land identifies— (A) areas that, on the basis of the land form, ecosystem, associated fish and wildlife, economic value, and location of the areas, will help to fulfill the role of the Forest Service, National Park Service, and Bureau of Land Management to ensure a quality National Wilderness Preservation System; (B) areas that may have value as wild and scenic rivers; and (C) areas that— (i) may not possess wilderness attributes and should not now be designated as components of the National Wilderness Preservation System; and (ii) should be studied to determine the role of the areas in maintaining biological diversity in the Northern Rockies Bioregion; (24) many areas of public land— (A) have been damaged and experienced a reduction in productivity due to unwise development practices, which have also impaired ecosystem function and biological diversity, such as the Island Park area adjacent to Yellowstone National Park, which contains large clear-cut areas that border the park boundary; and (B) should be returned to the former ecological health and native diversity of the areas through efforts— (i) to ensure that vital ecosystem components are restored, especially in areas in which wildlife travel corridors and native fish and wildlife populations have been damaged or eliminated; and (ii) to ensure and maintain genetic interchange, biological diversity, and restoration of native species diversity throughout the Northern Rockies Bioregion; (25) backcountry areas of the National Park System have been damaged by inappropriate management, despite policies that require that recommended wilderness be administered as wilderness; (26) an emphasis on structures and motorized equipment, and in some instances developed backcountry campsites, in backcountry areas of the National Park System has detracted from and degraded the wilderness character of those backcountry areas; (27) Federal agencies entrusted with managing the natural resources of the Northern Rockies Bioregion— (A) operate under contradictory congressional mandates; and (B) are in dissension over management policies that involve common resources and greater ecosystems; (28) Federal agency structures and regulatory mechanisms as of the date of enactment of this Act have proven unsatisfactory for the responsible management of nationally important ecosystems on public land; (29) Federal laws and regulations as of the date of enactment of this Act have not been sufficient to establish and maintain the accountability of Federal agencies for public resources; and (30) this Act does not affect private existing rights. 3. Purposes (a) In general The purposes of this Act are— (1) to designate certain National Forest System land, certain National Park System land, and certain public land administered by the Bureau of Land Management in the States of Idaho, Montana, Oregon, Washington, and Wyoming as components of the National Wilderness Preservation System; (2) to designate certain National Forest System land, certain public land administered by the Bureau of Land Management, and watercourses on that National Forest System land and public land in the States of Montana, Idaho, and Wyoming as components of the National Wild and Scenic Rivers System; (3) to prioritize areas for wildland recovery to help restore biological diversity and native species; and (4) to establish a system of biological connecting corridors between the core ecosystems in the Northern Rockies Bioregion and to ecologically significant wild land to the south of the Northern Rockies Bioregion. (b) Purpose of designations The designations of land made by this Act are made— (1) to promote, perpetuate, and preserve the wilderness character of the designated land; (2) to protect water quality, watersheds, and wildlife habitats, including the habitats of species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (3) to protect the ecological integrity and contiguity of major wildland ecosystems and the interconnecting corridors of the ecosystems identified by the Director of the United States Fish and Wildlife Service or another official; (4) to protect and maintain biological and native species diversity and dispersal throughout the Northern Rockies Bioregion; (5) to promote and ensure interagency cooperation in the implementation of integrated, holistic ecosystem management and protection of the ecosystems and corridors covered by this Act based on principles from conservation biology; (6) to preserve scenic, historic, and cultural resources; (7) to promote scientific research, primitive recreation, solitude, physical and mental challenges, and inspiration for the benefit of the people of the United States; (8) to avoid the misinvestment of scarce capital in land of marginal timber value; and (9) to promote ecologically and economically sustainable management in the Northern Rockies Bioregion. 4. Definitions In this Act: (1) Corridor The term corridor means an area that provides connectivity of habitat or potential habitat, and that facilitates the ability of terrestrial, estuarine, and freshwater fish, or wildlife, to move within a landscape— (A) as needed for migration, gene flow, or dispersal; or (B) in response to the impacts of climate change or other impacts. (2) Development (A) In general The term development means an activity that eliminates the roadless and wilderness characteristics of the land on which the activity takes place. (B) Inclusions The term development includes the construction or operation of a ski resort facility, road building, timber harvesting, mining, and oil and gas drilling. (3) Greater ecosystem The term greater ecosystem , when used in conjunction with a specific ecosystem described in this Act, means an ecological land unit— (A) (i) of sufficient scale to support and maintain populations of large vertebrate species and the other native plant and animal species of the unit; and (ii) comprised of land that is similar in topography, climate, and plant and animal species on the land; or (B) contiguous with the habitat of a wildlife indicator species listed as threatened or endangered under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.), including the grizzly bear, lynx, or caribou, as depicted on habitat maps of Federal agencies. (4) Habitat The term habitat means the physical, chemical, and biological properties that are used by fish, wildlife, or plants for growth, reproduction, survival, food, water, and cover on a tract of land, in a body of water, or in an area or region. (5) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (6) Northern rockies bioregion The term Northern Rockies Bioregion means the portion of the Northern Rocky Mountains in the States of Montana, Idaho, Wyoming, Oregon, and Washington, as depicted on maps referred to in this Act. (7) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (8) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to National Park System land and public land. I Designation of wilderness 101. Purpose The purpose of this title is to designate certain National Forest System land, National Park System land, and public land administered by the Bureau of Land Management in the States of Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and as components of the National Wilderness Preservation System in furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq.). 102. Greater Glacier/Northern Continental Divide ecosystem (a) Definition of Map In this section, the term Map means the map entitled Northern Continental Divide and dated April 28, 2016. (b) Designations To protect the unique ecosystem of the greater Glacier/Northern Continental Divide ecosystem, the following land is designated as wilderness: (1) Bob Marshall Wilderness additions The following land is incorporated in, and shall be administered as part of, the Bob Marshall Wilderness: (A) Choteau Mountain/Teton High Peaks/Deep Creek Addition Certain Federal land within the Lewis and Clark National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management comprising approximately 73,000 acres, identified as Choteau Mountain/Teton High Peaks/Deep Creek Addition on the Map. (B) Renshaw Addition Certain Federal land within the Lewis and Clark National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management comprising approximately 30,000 acres, identified as Renshaw Addition on the Map. (C) Swan Front Addition Certain Federal land within the Flathead National Forest and Lolo National Forest comprising approximately 169,000 acres, identified as Swan Front Addition on the Map. (D) Hungry Horse Reservoir West Certain Federal land within the Flathead National Forest comprising approximately 179,000 acres, identified as Hungry Horse Reservoir West on the Map. (E) Bob North Addition Certain Federal land within the Flathead National Forest comprising approximately 88,000 acres, identified as Bob North Addition on the Map. (F) Monture Creek Addition Certain Federal land within the Lolo National Forest comprising approximately 99,000 acres, identified as Monture Creek Addition on the Map. (2) Great Bear Wilderness additions The following land is incorporated in, and shall be administered as part of, the Great Bear Wilderness: (A) Hungry Horse Reservoir East Addition Certain Federal land within the Flathead National Forest comprising approximately 37,000 acres, identified as Hungry Horse Reservoir East Addition on the Map. (B) Middle Fork Additions Certain Federal land within the Flathead National Forest comprising approximately 53,000 acres, identified as Middle Fork Additions on the Map. (3) Scapegoat Wilderness additions The following land, consisting of a total of approximately 125,000 acres, is incorporated in, and shall be administered as part of, the Scapegoat Wilderness: (A) Stonewall Mountain Addition Certain Federal land within the Helena National Forest comprising approximately 55,000 acres, identified as Stonewall Mountain Addition on the Map. (B) Silver King/Falls Creek Addition Certain Federal land within the Lewis and Clark National Forest and Helena National Forest comprising approximately 25,000 acres, identified as Silver King/Falls Creek Addition on the Map. (C) Benchmark/Elk Creek Addition Certain Federal land within the Lewis and Clark National Forest comprising approximately 28,000 acres, identified as Benchmark/Elk Creek Addition on the Map. (4) Mission Mountains Wilderness additions The following land, consisting of a total of approximately 16,000 acres, is incorporated in, and shall be administered as part of, the Mission Mountains Wilderness: (A) Mission Mountain Wilderness Addition Certain Federal land within the Flathead National Forest comprising approximately 20,000 acres, identified as Mission Mountain Wilderness Addition on the Map. (B) Marshall Peak Addition Certain Federal land within the Lolo National Forest comprising approximately 9,000 acres, identified as Marshall Peak Addition on the Map. (5) New National Wilderness Preservation System components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (A) Glacier Wilderness, glacier national park Certain Federal land within Glacier National Park comprising approximately 925,000 acres, identified as Wilderness on the map entitled Glacier National Park Wilderness and dated April 29, 2016, which shall be known as the Glacier Wilderness . (B) Sawtooth Ridge Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 14,000 acres, identified as Sawtooth Ridge Wilderness on the Map, which shall be known as the Sawtooth Ridge Wilderness . (C) Tuchuck Wilderness Certain Federal land within the Flathead National Forest and the Kootenai National Forest comprising approximately 142,000 acres, identified as Tuchuck Wilderness on the Map, which shall be known as the Tuchuck Wilderness . (D) Le Beau Wilderness Certain Federal land within the Flathead National Forest and the Kootenai National Forest comprising approximately 8,000 acres, identified as Le Beau Wilderness on the Map, which shall be known as the Le Beau Wilderness . (E) Ten Lakes Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 49,000 acres, identified as Ten Lakes Wilderness on the Map, which shall be known as the Ten Lakes Wilderness . (F) Coal Ridge Wilderness Certain Federal land within the Flathead National Forest comprising approximately 24,000 acres, identified as Coal Ridge Wilderness on the Map, which shall be known as the Coal Ridge Wilderness . (G) Standard Peak Wilderness Certain Federal land within the Flathead National Forest comprising approximately 19,000 acres, identified as Standard Peak Wilderness on the Map, which shall be known as the Standard Peak Wilderness . (H) Demers Wilderness Certain Federal land within the Flathead National Forest comprising approximately 7,000 acres, identified as Demers Wilderness on the Map, which shall be known as the Demers Wilderness . (I) Lincoln Gulch Wilderness Certain Federal land within the Helena National Forest comprising approximately 9,000 acres, identified as Lincoln Gulch Wilderness on the Map, which shall be known as the Lincoln Gulch Wilderness . (J) Anaconda Hill Wilderness Certain Federal land within the Helena National Forest comprising approximately 20,000 acres, identified as Anaconda Hill Wilderness on the Map, which shall be known as the Anaconda Hill Wilderness . (K) Specimen Creek Wilderness Certain Federal land within the Helena National Forest comprising approximately 13,000 acres, identified as Specimen Creek Wilderness on the Map, which shall be known as the Specimen Creek Wilderness . (L) Crater Mountain Wilderness Certain Federal land within the Helena National Forest comprising approximately 10,000 acres, identified as Crater Mountain Wilderness on the Map, which shall be known as the Crater Mountain Wilderness . (M) Ogden Mountain Wilderness Certain Federal land within the Helena National Forest comprising approximately 8,000 acres, identified as Ogden Mountain Wilderness on the Map, which shall be known as the Ogden Mountain Wilderness . (N) Nevada Mountain Wilderness Certain Federal land within the Helena National Forest comprising approximately 54,000 acres, identified as Nevada Mountain Wilderness on the Map, which shall be known as the Nevada Mountain Wilderness . (O) Blackfeet Wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 129,000 acres, identified as Blackfeet Wilderness on the Map, which shall be known as the Blackfeet Wilderness . 103. Greater Yellowstone ecosystem (a) Definition of Map In this section, the term Map means the map entitled Greater Yellowstone and dated April 28, 2016. (b) Designations To protect the unique ecosystem of the greater Yellowstone ecosystem, the following land is designated as wilderness: (1) Absaroka-Beartooth Wilderness Additions Certain Federal land within the Custer Gallatin National Forest and the Shoshone National Forest comprising approximately 265,000 acres, identified as Absaroka-Beartooth Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Absaroka-Beartooth Wilderness. (2) North Absaroka Wilderness Additions Certain Federal land within the Shoshone National Forest and the Custer Gallatin National Forest comprising approximately 173,000, identified as North Absaroka Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the North Absaroka Wilderness. (3) Washakie Wilderness Additions Certain Federal land within the Shoshone National Forest and land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 339,000 acres, identified as Washakie Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Washakie Wilderness. (4) Fitzpatrick Wilderness additions The following land is incorporated in, and shall be administered as part of, the Fitzpatrick Wilderness: (A) Fitzpatrick Wilderness Addition Certain Federal land within the Shoshone National Forest and land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 14,000 acres, identified as Fitzpatrick Wilderness Addition on the Map. (B) Benchmark/Warm Springs Addition Certain Federal land within the Shoshone National Forest comprising approximately 15,000 acres, identified as Benchmark/Warm Springs Addition on the Map. (5) Teton Wilderness Additions Certain Federal land within the Bridger-Teton National Forest comprising approximately 24,000 acres, identified as Teton Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Teton Wilderness. (6) Gros Ventre Wilderness additions The following land is incorporated in, and shall be administered as part of, the Gros Ventre Wilderness: (A) Shoal Creek Addition Certain Federal land within the Bridger-Teton National Forest comprising approximately 32,000 acres, identified as Shoal Creek Addition on the Map. (B) Gros Ventre Additions Certain Federal land within the Bridger-Teton National Forest comprising approximately 124,000 acres, identified as Gros Ventre Additions on the Map. (7) Bridger Wilderness Additions Certain Federal land within the Bridger-Teton National Forest and land administered by the Pinedale Field Office of the Bureau of Land Management comprising approximately 230,000 acres, identified as Bridger Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Bridger Wilderness. (8) Popo Agie Wilderness Additions Certain Federal land within the Shoshone National Forest comprising approximately 60,000 acres, identified as Popo Agie Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Popo Agie Wilderness. (9) Winegar Hole Wilderness Additions Certain Federal land within the Caribou-Targhee National Forest comprising approximately 5,000 acres, identified as Winegar Hole Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Winegar Hole Wilderness. (10) Jedediah Smith Wilderness Additions Certain Federal land within the Bridger-Teton and Caribou-Targhee National Forest comprising approximately 51,000 acres, identified as Jedediah Smith Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Jedediah Smith Wilderness. (11) Lee Metcalf Wilderness additions The following land is incorporated in, and shall be administered as part of, the Lee Metcalf Wilderness: (A) Cowboys Heaven Addition Certain Federal land within the Custer Gallatin National Forest and the Beaverhead-Deerlodge National Forest comprising approximately 40,000 acres, identified as Cowboys Heaven Addition on the Map. (B) Lee Metcalf Addition Certain Federal land within the Custer Gallatin National Forest and the Beaverhead-Deerlodge National Forest comprising approximately 143,000 acres, identified as Lee Metcalf Addition on the Map. (12) New NationalWilderness Preservation System components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (A) Yellowstone Wilderness, Yellowstone National Park Certain Federal land within Yellowstone National Park comprising approximately 2,030,000 acres, identified as Wilderness on the map entitled Yellowstone National Park Wilderness and dated April 29, 2016, which shall be known as the Yellowstone Wilderness . (B) Grand Teton Wilderness, Grand Teton National Park Certain Federal land within the Grand Teton National Park comprising approximately 123,000 acres, identified as Wilderness on the map entitled Grand Teton National Park Wilderness and dated April 29, 2016, which shall be known as the Grand Teton Wilderness . (C) Snowcrest Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 105,000 acres, identified as Snowcrest Wilderness on the Map, which shall be known as the Snowcrest Wilderness . (D) Antelope Basin Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 70,000 acres, identified as Antelope Basin Wilderness on the Map, which shall be known as the Antelope Basin Wilderness . (E) Lone Butte Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 14,000 acres, identified as Lone Butte Wilderness on the Map, which shall be known as the Lone Butte Wilderness . (F) Black Butte Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 39,000 acres, identified as Black Butte Wilderness on the Map, which shall be known as the Black Butte Wilderness . (G) Gravelly Mountains Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 53,000 acres, identified as Gravelly Mountains Wilderness on the Map, which shall be known as the Gravelly Mountains Wilderness . (H) Vigilante Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 16,000 acres, identified as Vigilante Wilderness on the Map, which shall be known as the Vigilante Wilderness . (I) Cherry Lakes Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 13,000 acres, identified as Cherry Lakes Wilderness on the Map, which shall be known as the Cherry Lakes Wilderness . (J) Axolotl Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management consisting of approximately 35,000 acres, identified as Axolotl Wilderness on the Map, which shall be known as the Axolotl Wilderness . (K) Crockett Lake Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres, identified as Crockett Lake Wilderness on the Map, which shall be known as the Crockett Lake Wilderness . (L) Gallatin Range Wilderness Certain Federal land within the Custer Gallatin National Forest comprising approximately 221,000 acres, identified as Gallatin Range Wilderness on the Map, which shall be known as the Gallatin Range Wilderness . (M) Chico Peak Wilderness Certain Federal land within the Custer Gallatin National Forest comprising approximately 12,000 acres, identified as Chico Peak Wilderness on the Map, which shall be known as the Chico Peak Wilderness . (N) Madison Wilderness Certain Federal land within the Custer Gallatin National Forest comprising approximately 15,000 acres, identified as Madison Wilderness on the Map, which shall be known as the Madison Wilderness . (O) Lionhead Wilderness Certain Federal land within the Custer Gallatin National Forest and the Caribou-Targhee National Forest comprising approximately 48,000 acres, identified as Lionhead Wilderness on the Map, which shall be known as the Lionhead Wilderness . (P) Deep Lake Wilderness Certain Federal land within the Custer Gallatin National Forest and the Shoshone National Forest comprising approximately 90,000 acres, identified as Deep Lake Wilderness on the Map, which shall be known as the Deep Lake Wilderness . (Q) Monument Ridge Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 18,000 acres, identified as Monument Ridge Wilderness on the Map, which shall be known as the Monument Ridge Wilderness . (R) Munger Mountain Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 10,000 acres, identified as Munger Mountain Wilderness on the Map, which shall be known as the Munger Mountain Wilderness . (S) Little Sheep Mountain Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 14,000 acres, identified as Little Sheep Mountain Wilderness on the Map, which shall be known as the Little Sheep Mountain Wilderness . (T) Mt. Leidy Highlands Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 205,000 acres, identified as Mt. Leidy Highlands Wilderness on the Map, which shall be known as the Mt. Leidy Highlands Wilderness . (U) Salt River Range Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 245,000 acres, identified as Salt River Range Wilderness on the Map, which shall be known as the Salt River Range Wilderness . (V) Grayback Ridge Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 314,000 acres, identified as Grayback Ridge Wilderness on the Map, which shall be known as the Grayback Ridge Wilderness . (W) Commissary Ridge Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 143,000 acres, identified as Commissary Ridge Wilderness on the Map, which shall be known as the Commissary Ridge Wilderness . (X) South Wyoming Range Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 98,000 acres, identified as South Wyoming Range Wilderness on the Map, which shall be known as the South Wyoming Range Wilderness . (Y) North Mountain Wilderness Certain Federal land within the Bridger-Teton National Forest comprising approximately 5,000 acres, identified as North Mountain Wilderness on the Map, which shall be known as the North Mountain Wilderness . (Z) Grayback Ridge East Wilderness Certain Federal land within the Bridger-Teton National Forest consisting of approximately 18,000 acres, identified as Grayback Ridge East Wilderness on the Map, which shall be known as the Grayback Ridge East Wilderness . (AA) Palisades Wilderness Certain Federal land within the Bridger-Teton National Forest and the Caribou-Targhee National Forest comprising approximately 224,000 acres, identified as Palisades Wilderness on the Map, which shall be known as the Palisades Wilderness . (BB) Gannett Hills Wilderness Certain Federal land within the Bridger-Teton National Forest, and the Caribou-Targhee National Forest comprising approximately 63,000 acres, identified as Gannett Hills Wilderness on the Map, which shall be known as the Gannett Hills Wilderness . (CC) Raymond Mountain North Wilderness Certain Federal land within the Bridger-Teton National Forest and land administered by the Kemmerer Field Office of the Bureau of Land Management comprising approximately 19,000 acres, identified as Raymond Mountain North Wilderness on the Map, which shall be known as the Raymond Mountain North Wilderness . (DD) Raymond Mountain South Wilderness Certain Federal land administered by the Kemmerer Field Office of the Bureau of Land Management comprising approximately 24,000 acres, identified as Raymond Mountain South Wilderness on the Map, which shall be known as the Raymond Mountain South Wilderness . (EE) Lake Mountain Wilderness Certain Federal land within the Bridger-Teton National Forest and land administered by the Pinedale Field Office of the Bureau of Land Management comprising approximately 17,000 acres, identified as Lake Mountain Wilderness on the Map, which shall be known as the Lake Mountain Wilderness . (FF) Garns Mountain Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 104,000 acres, identified as Garns Mountain Wilderness on the Map, which shall be known as the Garns Mountain Wilderness . (GG) Antelope Creek Wilderness Certain Federal land within Caribou-Targhee National Forest comprising approximately 17,000 acres, identified as Antelope Creek Wilderness on the Map, which shall be known as the Antelope Creek Wilderness . (HH) Bear Creek Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 98,000 acres, identified as Bear Creek Wilderness on the Map, which shall be known as the Bear Creek Wilderness . (II) Stump Creek Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 97,000 acres, identified as Stump Creek Wilderness on the Map, which shall be known as the Stump Creek Wilderness . (JJ) Caribou-Targhee Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 94,000 acres, identified as Caribou-Targhee Wilderness on the Map, which shall be known as the Caribou-Targhee Wilderness . (KK) Poker Peak Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 20,000 acres, identified as Poker Peak Wilderness on the Map, which shall be known as the Poker Peak Wilderness . (LL) Tincup Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres, identified as Tincup Wilderness on the Map, which shall be known as the Tincup Wilderness . (MM) Schmid Peak Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 20,000 acres, identified as Schmid Peak Wilderness on the Map, which shall be known as the Schmid Peak Wilderness . (NN) Sage Creek Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 11,000 acres, identified as Sage Creek Wilderness on the Map, which shall be known as the Sage Creek Wilderness . (OO) Preuss Creek Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 14,000 acres, identified as Preuss Creek Wilderness on the Map, which shall be known as the Preuss Creek Wilderness . (PP) Dry Ridge Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 23,000 acres, identified as Dry Ridge Wilderness on the Map, which shall be known as the Dry Ridge Wilderness . (QQ) Meade Peak Wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 45,000 acres, identified as Meade Peak Wilderness on the Map, which shall be known as the Meade Peak Wilderness . (RR) Tobacco Root Mountains Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 97,000 acres, identified as Tobacco Root Mountains Wilderness on the Map, which shall be known as the Tobacco Root Mountains Wilderness . (SS) Potosi Wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 5,000 acres, identified as Potosi Wilderness on the Map, which shall be known as Potosi Wilderness . (TT) Bayer Mountain Wilderness Certain Federal land within the Shoshone National Forest comprising approximately 9,000 acres, identified as Bayer Mountain Wilderness on the Map, which shall be known as the Bayer Mountain Wilderness . (UU) Little Popo Agie Canyon Wilderness Certain Federal land within the Shoshone National Forest comprising approximately 11,000 acres, identified as Little Popo Agie Canyon Wilderness on the Map, which shall be known as the Little Popo Agie Canyon Wilderness . (VV) Clark Fork Wilderness Certain Federal land within the Shoshone National Forest comprising approximately 42,000 acres, identified as Clark Fork Wilderness on the Map, which shall be known as the Clark Fork Wilderness . 104. Greater Salmon/Selway ecosystem (a) Definition of Map In this section, the term Map means the map entitled Greater Salmon Selway and dated April 28, 2016. (b) Designations To protect the unique ecosystem of the greater Salmon/Selway ecosystem, the following land is designated as wilderness: (1) Frank Church-River of No Return Wilderness additions The following land is incorporated in, and shall be administered as part of, the Frank Church-River of No Return Wilderness: (A) Pinnacle Peak (Sugar Mountain) Addition Certain Federal land within the Payette National Forest comprising approximately 10,000 acres, identified as Pinnacle Peak (Sugar Mountain) Addition on the Map. (B) Placer Creek Addition Certain Federal land within the Payette National Forest comprising approximately 7,000 acres, identified as Placer Creek Addition on the Map. (C) Smith Creek Addition Certain Federal land within the Payette National Forest comprising approximately 2,000 acres, identified as Smith Creek Addition on the Map. (D) Cottontail Point-Pilot Creek Addition Certain Federal land within the Payette National Forest and land administered by the Cottonwood Field Office of the Bureau of Land Management comprising approximately 99,000 acres, identified as Smith Creek Addition on the Map. (E) Jersey-Jack Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 64,000 acres, identified as Jersey-Jack Addition on the Map. (F) Mallard Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 20,000 acres, identified as Mallard Addition on the Map. (G) Bluejoint Addition Certain Federal land within the Salmon-Challis National Forest and the Bitterroot National Forest comprising approximately 70,000 acres, identified as Bluejoint Addition on the Map. (H) Blue Bunch Addition Certain Federal land within the Salmon-Challis National Forest and the Boise National Forest comprising approximately 11,000 acres, identified as Blue Bunch Addition on the Map. (I) Loon Creek Addition Certain Federal land within the Salmon-Challis National Forest and the Sawtooth National Forest comprising approximately 109,000 acres, identified as Loon Creek Addition on the Map. (J) Salmon-Challis Additions Certain Federal land within the Salmon-Challis National Forest comprising approximately 303,000 acres, identified as Salmon-Challis Additions on the Map. (K) Boise Additions Certain Federal land within the Boise National Forest comprising approximately 59,000 acres, identified as Boise Additions on the Map. (2) Gospel Hump Wilderness Additions Certain Federal land within the Nez Perce National Forest comprising approximately 55,000 acres, identified as Gospel Hump Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Gospel Hump Wilderness. (3) Selway-bitterroot wilderness additions The following land is incorporated in, and shall be administered as part of, the Selway-Bitterroot Wilderness: (A) Face Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 75,000 acres, identified as Face Addition on the Map. (B) ElkSummit/Sneakfoot/NorthFork Spruce Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 59,000 acres, identified as Elk Summit/Sneakfoot/North Fork Spruce Addition on the Map. (C) Rackliff-Gedney Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 90,000 acres, identified as Rackliff-Gedney Addition on the Map. (D) Meadow Creek Addition Certain Federal land within the Nez Perce-Clearwater National Forests and on land administered by the Cottonwood Field Office of the Bureau of Land Management comprising approximately 215,000 acres, identified as Meadow Creek Addition on the Map. (E) Lolo Creek Addition Certain Federal land within the Nez Perce-Clearwater National Forests and the Lolo National Forest comprising approximately 18,000 acres, identified as Lolo Creek Addition on the Map. (F) Bitterroot Addition Certain Federal land within the Bitterroot National Forest and the Nez-Perce National Forest comprising approximately 123,000 acres, identified as Bitterroot Addition on the Map. (4) Sawtooth Wilderness Additions Certain Federal land within the Boise National Forest, Sawtooth National Forest, and the Salmon-Challis National Forest comprising approximately 540,000 acres, identified as Sawtooth Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Sawtooth Wilderness. (5) White Cloud Wilderness Addition Certain Federal land within the Sawtooth National Forest comprising approximately 100,000 acres, identified as White Cloud Wilderness Addition on the Map, is incorporated in, and shall be administered as part of, the White Cloud Wilderness. (6) Hemingway Wilderness Addition Certain Federal land within the Sawtooth National Forest comprising approximately 97,000 acres, identified as Hemingway Wilderness Addition on the Map, is incorporated in, and shall be administered as part of, the Hemingway-Boulders Wilderness. (7) Jerry Peak Wilderness Addition Certain Federal land within the Sawtooth National Forest, the Salmon-Challis National Forest, and on land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 30,000 acres, identified as Jerry Peak Wilderness Addition on the Map is incorporated in, and shall be administered as part of, the Jim McClure-Jerry Peak Wilderness. (8) New National Wilderness Preservation System components of the Great Burn Wildlands Complex Each of the following areas of land within the Great Burn Wildlands Complex is designated as a component of the National Wilderness Preservation System: (A) Great Burn (Hoodoo) Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests and the Lolo National Forest comprising approximately 255,000 acres, identified as Great Burn (Hoodoo) Wilderness on the Map, which shall be known as the Great Burn (Hoodoo) Wilderness . (B) Upper North Fork Wilderness Certain Federal land within the Nez Perce-Clearwater National Forest, the Idaho Panhandle National Forest, and the Lolo National Forest comprising approximately 62,000 acres, identified as Upper North Fork Wilderness on the Map, which shall be known as the Upper North Fork Wilderness . (C) Sheep Mountain/State Line Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests, the Idaho Panhandle National Forest, and the Lolo National Forest comprising approximately 68,000 acres, identified as Sheep Mountain/State Line Wilderness on the Map, which shall be known as the Sheep Mountain/State Line Wilderness . (D) Mallard-Larkins Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests and the Idaho Panhandle National Forest comprising approximately 260,000 acres, identified as Mallard-Larkins Wilderness on the Map, which shall be known as the Mallard-Larkins Wilderness . (E) Bighorn-Weitas Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 260,000 acres, identified as Bighorn-Weitas Wilderness on the Map, which shall be known as the Bighorn-Weitas Wilderness . (F) Eldorado Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 7,000 acres, identified as Eldorado Wilderness on the Map, which shall be known as the Eldorado Wilderness . (G) Moose Mountain Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 22,000 acres, identified as Moose Mountain Wilderness on the Map, which shall be known as the Moose Mountain Wilderness . (H) North Lochsa Slope Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 118,000 acres, identified as North Lochsa Slope Wilderness on the Map, which shall be known as the North Lochsa Wilderness . (I) Pot Mountain Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 51,000 acres, identified as Pot Mountain Wilderness on the Map, which shall be known as the Pot Mountain Wilderness . (J) Siwash Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 9,000 acres, identified as Siwash Wilderness on the Map, which shall be known as the Siwash Wilderness . (K) Weir-Post Office Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 22,000 acres, identified as Weir-Post Office Wilderness on the Map, which shall be known as the Weir-Post Office Wilderness . (L) Mosquito Fly Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 19,000 acres, identified as Mosquito Fly Wilderness on the Map, which shall be known as the Mosquito Fly Wilderness . (M) Midget Peak Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 7,000 acres, identified as Midget Peak Wilderness on the Map, which shall be known as the Midget Peak Wilderness . (N) Stark Mountain Wilderness Certain Federal land within the Lolo National Forest comprising approximately 13,000 acres, identified as Stark Mountain Wilderness on the Map, which shall be known as the Stark Mountain Wilderness . (9) New National Wilderness Preservation System components ofthe Little Slate Creek Wildlands Complex Each of the following areas of land within the Little Slate Creek Wildlands Complex is designated as a component of the National Wilderness Preservation System: (A) Little Slate Creek Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 12,000 acres, identified as Little Slate Creek Wilderness on the Map, which shall be known as the Little Slate Creek Wilderness . (B) LittleSlate Creek North Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 6,000 acres, identified as Little Slate Creek North Wilderness on the Map, which shall be known as the Little Slate Creek North Wilderness . (10) Other new National Wilderness Preservation System components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (A) French Creek/Patrick Butte Wilderness Certain Federal land within the Payette National Forest comprising approximately 170,000 acres, identified as French Creek/Patrick Butte Wilderness on the Map, which shall be known as the French Creek/Patrick Butte Wilderness . (B) Crystal Mountain Wilderness Certain Federal land within the Payette National Forest comprising approximately 13,000 acres, identified as Crystal Mountain Wilderness on the Map, which shall be known as the Crystal Mountain Wilderness . (C) Secesh Wilderness Certain Federal land within the Payette National Forest comprising approximately 248,000 acres, identified as Secesh Wilderness on the Map, which shall be known as the Secesh Wilderness . (D) Needles Wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 161,000 acres, identified as Needles Wilderness on the Map, which shall be known as the Needles Wilderness . (E) Caton Lake Wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 85,000 acres, identified as Caton Lake Wilderness on the Map, which shall be known as the Caton Lake Wilderness . (F) Poison Creek Wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 5,000 acres, identified as Poison Creek Wilderness on the Map, which shall be known as the Poison Creek Wilderness . (G) Meadow Creek Wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 29,000 acres, identified as Meadow Creek Wilderness on the Map, which shall be known as the Meadow Creek Wilderness . (H) Mount Heinen Wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres, identified as Mount Heinen Wilderness on the Map, which shall be known as the Mount Heinen Wilderness . (I) Reeves Creek Wilderness Certain Federal land within the Boise National Forest comprising approximately 11,000 acres, identified as Reeves Creek Wilderness on the Map, which shall be known as the Reeves Creek Wilderness . (J) Peace Rock Wilderness Certain Federal land within the Boise National Forest comprising approximately 192,000 acres, identified as Peace Rock Wilderness on the Map, which shall be known as the Peace Rock Wilderness . (K) Deadwood Wilderness Certain Federal land within the Boise National Forest comprising approximately 52,000 acres, identified as Deadwood Wilderness on the Map, which shall be known as the Deadwood Wilderness . (L) Whitehawk Mountain Wilderness Certain Federal land within the Boise National Forest comprising approximately 9,000 acres, identified as Whitehawk Mountain Wilderness on the Map, which shall be known as the Whitehawk Mountain Wilderness . (M) Stony Meadows Wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres, identified as Stony Meadows Wilderness on the Map, which shall be known as the Stony Meadows Wilderness . (N) Scriver Creek Wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres, identified as Scriver Creek Wilderness on the Map, which shall be known as the Scriver Creek Wilderness . (O) Grimes Pass Wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres, identified as Grimes Pass Wilderness on the Map, which shall be known as the Grimes Pass Wilderness . (P) Gallagher Wilderness Certain Federal land within the Boise National Forest comprising approximately 6,000 acres, identified as Gallagher Wilderness on the Map, which shall be known as the Gallagher Wilderness . (Q) Corski Creek Wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres, identified as Corski Creek Wilderness on the Map, which shall be known as the Corski Creek Wilderness . (R) Bull Trout Wilderness Certain Federal land within the Boise National Forest and the Salmon-Challis National Forest comprising approximately 115,000 acres, identified as Bull Trout Wilderness on the Map, which shall be known as the Bull Trout Wilderness . (S) Breadwinner Wilderness Certain Federal land within the Boise National Forest comprising approximately 20,000 acres, identified as Breadwinner Wilderness on the Map, which shall be known as the Breadwinner Wilderness . (T) Elk Creek Wilderness Certain Federal land within the Boise National Forest comprising approximately 15,000 acres, identified as Elk Creek Wilderness on the Map, which shall be known as the Elk Creek Wilderness . (U) Steel Mountain Wilderness Certain Federal land within the Boise National Forest comprising approximately 23,000 acres, identified as Steel Mountain Wilderness on the Map, which shall be known as the Steel Mountain Wilderness . (V) Rainbow Wilderness Certain Federal land within the Boise National Forest comprising approximately 31,000 acres, identified as Rainbow Wilderness on the Map, which shall be known as the Rainbow Wilderness . (W) Grand Mountain Wilderness Certain Federal land within the Boise National Forest comprising approximately 14,000 acres, identified as Grand Mountain Wilderness on the Map, which shall be known as the Grand Mountain Wilderness . (X) Sheep Creek Wilderness Certain Federal land within the Boise National Forest comprising approximately 70,000 acres, identified as Sheep Creek Wilderness on the Map, which shall be known as the Sheep Creek Wilderness . (Y) Snowbank Wilderness Certain Federal land within the Boise National Forest comprising approximately 34,000 acres, identified as Snowbank Wilderness on the Map, which shall be known as the Snowbank Wilderness . (Z) House Mountain Wilderness Certain Federal land within the Boise National Forest comprising approximately 26,000 acres, identified as House Mountain Wilderness on the Map, which shall be known as the House Mountain Wilderness . (AA) Danskin Wilderness Certain Federal land within the Boise National Forest comprising approximately 30,000 acres, identified as Danskin Wilderness on the Map, which shall be known as the Danskin Wilderness . (BB) Cow Creek Wilderness Certain Federal land within the Boise National Forest comprising approximately 15,000 acres, identified as Cow Creek Wilderness on the Map, which shall be known as the Cow Creek Wilderness . (CC) Wilson Peak Wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres, identified as Wilson Peak Wilderness on the Map, which shall be known as the Wilson Peak Wilderness . (DD) Lost Man Creek Wilderness Certain Federal land within the Boise National Forest comprising approximately 13,000 acres, identified as Lost Man Creek Wilderness on the Map, which shall be known as the Lost Man Creek Wilderness . (EE) Whiskey Jack Wilderness Certain Federal land within the Boise National Forest comprising approximately 7,000 acres, identified as Whiskey Jack Wilderness on the Map, which shall be known as the Whiskey Jack Wilderness . (FF) Cathedral Rocks Wilderness Certain Federal land within the Boise National Forest comprising approximately 8,000 acres, identified as Cathedral Rocks Wilderness on the Map, which shall be known as the Cathedral Rocks Wilderness . (GG) Lime Creek Wilderness Certain Federal land within the Sawtooth National Forest and the Boise National Forest comprising approximately 97,000 acres, identified as Lime Creek Wilderness on the Map, which shall be known as the Lime Creek Wilderness . (HH) O’Hara Falls Creek Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 33,000 acres, identified as O’Hara Falls Creek Wilderness on the Map, which shall be known as the O’Hara Falls Creek Wilderness . (II) Lick Point Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 7,000 acres, identified as Lick Point Wilderness on the Map, which shall be known as the Lick Point Wilderness . (JJ) Clear Creek Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 9,000 acres, identified as Clear Creek Wilderness on the Map, which shall be known as the Clear Creek Wilderness . (KK) Silver Creek-Pilot Knob Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 21,000 acres, identified as Silver Creek-Pilot Knob Wilderness on the Map, which shall be known as the Silver Creek-Pilot Knob Wilderness . (LL) Dixie Summit-Nut Hill Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 13,000 acres, identified as Dixie Summit-Nut Hill Wilderness on the Map, which shall be known as the Dixie Summit-Nut Hill Wilderness . (MM) North Fork Slate Creek Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 11,000 acres, identified as North Fork Slate Creek Wilderness on the Map, which shall be known as the North Fork Slate Creek Wilderness . (NN) John Day Wilderness Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 10,000 acres, identified as John Day Wilderness on the Map, which shall be known as the John Day Wilderness . (OO) Perreau Creek Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 8,000 acres, identified as Perreau Creek Wilderness on the Map, which shall be known as the Perreau Creek Wilderness . (PP) Napias Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 9,000 acres, identified as Napias Wilderness on the Map, which shall be known as the Napias Wilderness . (QQ) Napolean Ridge Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 51,000 acres, identified as Napolean Ridge Wilderness on the Map, which shall be known as the Napolean Ridge Wilderness . (RR) Jesse Creek Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 14,000 acres, identified as Jesse Creek Wilderness on the Map, which shall be known as the Jesse Creek Wilderness . (SS) Haystack Mountain Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 12,000 acres, identified as Haystack Mountain Wilderness on the Map, which shall be known as the Haystack Mountain Wilderness . (TT) Phelan Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 13,000 acres, identified as Phelan Wilderness on the Map, which shall be known as the Phelan Wilderness . (UU) Sheepeater Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 35,000 acres, identified as Sheepeater Wilderness on the Map, which shall be known as the Sheepeater Wilderness . (VV) South Fork Deep Creek Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 13,000 acres, identified as South Fork Deep Creek Wilderness on the Map, which shall be known as the South Fork Deep Creek Wilderness . (WW) Cobalt Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 7,000 acres, identified as Cobalt Wilderness on the Map, which shall be known as the Cobalt Wilderness . (XX) Jureano Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 25,000 acres, identified as Jureano Wilderness on the Map, which shall be known as the Jureano Wilderness . (YY) South Panther Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 6,000 acres, identified as South Panther Wilderness on the Map, which shall be known as the South Panther Wilderness . (ZZ) Musgrove Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 8,000 acres, identified as Musgrove Wilderness on the Map, which shall be known as the Musgrove Wilderness . (AAA) Taylor Mountain Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 63,000 acres, identified as Taylor Mountain Wilderness on the Map, which shall be known as the Taylor Mountain Wilderness . (BBB) Martin Creek Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 99,000 acres, identified as Martin Creek Wilderness on the Map, which shall be known as the Martin Creek Wilderness . (CCC) White Knob Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 65,000 acres, identified as White Knob Wilderness on the Map, which shall be known as the White Knob Wilderness . (DDD) Porphyry Peak Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 47,000 acres, identified as Porphyry Peak Wilderness on the Map, which shall be known as the Porphyry Peak Wilderness . (EEE) Greylock Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 12,000 acres, identified as Greylock Wilderness on the Map, which shall be known as the Greylock Wilderness . (FFF) Copper Basin Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 11,000 acres, identified as Copper Basin Wilderness on the Map, which shall be known as the Copper Basin Wilderness . (GGG) Cold Springs Wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 9,000 acres, identified as Cold Springs Wilderness on the Map, which shall be known as the Cold Springs Wilderness . (HHH) Pioneer Mountains Wilderness Certain Federal land within the Sawtooth National Forest and the Salmon-Challis National Forest and on land administered by the Shoshone Field Office of the Bureau of Land Management, identified as Pioneer Mountains Wilderness on the Map, which shall be known as the Pioneer Mountains Wilderness . (III) Railroad Ridge Wilderness Certain Federal land within the Sawtooth National Forest and the Salmon-Challis National Forest comprising approximately 51,000 acres, identified as Railroad Ridge Wilderness on the Map, which shall be known as the Railroad Ridge Wilderness . (JJJ) Buttercup Mountain Wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 57,000 acres, identified as Buttercup Mountain Wilderness on the Map, which shall be known as the Buttercup Mountain Wilderness . (KKK) Elk Ridge Wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 9,000 acres, identified as Elk Ridge Wilderness on the Map, which shall be known as the Elk Ridge Wilderness . (LLL) Grandmother Mountain Wilderness Certain Federal land within the Idaho Panhandle National Forest and on land administered by the Coeur d’Alene Field Office of the Bureau of Land Management comprising approximately 35,000 acres, identified as Grandmother Mountain Wilderness on the Map, which shall be known as the Grandmother Mountain Wilderness . (MMM) Pinchot Butte Wilderness Certain Federal land within the Idaho Panhandle National Forest and on land administered by the Coeur d’Alene Field Office of the Bureau of Land Management comprising approximately 9,000 acres, identified as Pinchot Butte Wilderness on the Map, which shall be known as the Pinchot Butte Wilderness . (NNN) Liberal Mountain Wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 11,000 acres, identified as Liberal Mountain Wilderness on the Map, which shall be known as the Liberal Mountain Wilderness . (OOO) Horse Heaven Wilderness Certain Federal land within the Payette National Forest and the Boise National Forest comprising approximately 18,000 acres, identified as Horse Heaven Wilderness on the Map, which shall be known as the Horse Heaven Wilderness . (PPP) Chimney Rock Wilderness Certain Federal land within the Payette National Forest comprising approximately 9,000 acres, identified as Chimney Rock Wilderness on the Map, which shall be known as the Chimney Rock Wilderness . 105. Greater Cabinet/Yaak/Selkirk ecosystem (a) Definition of Map In this section, the term Map means the map entitled Cabinet Yaak Selkirk and dated April 28, 2016. (b) Designations To protect the unique, heavily fragmented, and endangered greater Cabinet/Yaak/Selkirk ecosystem, the following land is designated as wilderness: (1) Cabinet Mountains Wilderness Additions Certain Federal land within the Kootenai National Forest comprising approximately 100,000 acres, identified as Cabinet Mountains Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Cabinet Mountains Wilderness. (2) Salmo-Priest Wilderness Additions Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 47,000 acres, identified as Salmo-Priest Wilderness Additions on the Map, is incorporated in, and shall be administered as part of, the Salmo-Priest Wilderness. (3) New National Wilderness Preservation System components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (A) Skyline Mountain Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 15,000 acres, identified as Skyline Mountain Wilderness on the Map, which shall be known as Skyline Mountain Wilderness . (B) Galena Creek Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 20,000 acres, identified as Galena Creek Wilderness on the Map, which shall be known as Galena Creek Wilderness . (C) Berray Mountain Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 9,000 acres, identified as Berray Mountain Wilderness on the Map, which shall be known as Berray Mountain Wilderness . (D) Lone Cliff-Smeads Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 10,000 acres, identified as Lone Cliff-Smeads Wilderness on the Map, which shall be known as Lone Cliff-Smeads Wilderness . (E) McNeeley Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres, identified as McNeeley Wilderness on the Map, which shall be known as McNeeley Wilderness . (F) Northwest Peaks Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 15,000 acres, identified as Northwest Peaks Wilderness on the Map, which shall be known as Northwest Peaks Wilderness . (G) Roderick Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 30,000 acres, identified as Roderick Wilderness on the Map, which shall be known as Roderick Wilderness . (H) Grizzly Peak Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres, identified as Grizzly Peak Wilderness on the Map, which shall be known as Grizzly Peak Wilderness . (I) West Fork Yaak Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 9,000 acres, identified as West Fork Yaak Wilderness on the Map, which shall be known as West Fork Yaak Wilderness . (J) Mt. Henry Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 14,000 acres, identified as Mt. Henry Wilderness on the Map, which shall be known as Mt. Henry Wilderness . (K) Alexander Creek Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres, identified as Alexander Creek Wilderness on the Map, which shall be known as Alexander Creek Wilderness . (L) Robinson mountain wilderness Certain Federal land within the Kootenai National Forest comprising approximately 7,000 acres, identified as Robinson Mountain Wilderness on the Map, which shall be known as Robinson Mountain Wilderness . (M) Devil’s Gap Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 5,000 acres, identified as Devil’s Gap Wilderness on the Map, which shall be known as Devil’s Gap Wilderness . (N) Lone Cliff West Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 5,000 acres, identified as Lone Cliff West Wilderness on the Map, which shall be known as Lone Cliff West Wilderness . (O) Allen Peak Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 30,000 acres, identified as Allen Peak Wilderness on the Map, which shall be known as Allen Peak Wilderness . (P) Huckleberry Mountain Wilderness Certain Federal land within the Kootenai National Forest comprising approximately 9,000 acres, identified as Huckleberry Mountain Wilderness on the Map, which shall be known as Huckleberry Mountain Wilderness . (Q) Cataract Peak Wilderness Certain Federal land within the Kootenai National Forest and the Lolo National Forest comprising approximately 39,000 acres, identified as Cataract Peak Wilderness on the Map, which shall be known as the Cataract Peak Wilderness . (R) Cube Iron-Silcox Wilderness Certain Federal land within the Kootenai National Forest and the Lolo National Forest comprising approximately 39,000 acres, identified as Cube Iron-Silcox Wilderness on the Map, which shall be known as the Cube Iron-Silcox Wilderness . (S) Sundance Ridge Wilderness Certain Federal land within the Lolo National Forest comprising approximately 8,000 acres, identified as Sundance Ridge Wilderness on the Map, which shall be known as Sundance Ridge Wilderness . (T) Teepee-Spring Creek Wilderness Certain Federal land within the Lolo National Forest comprising approximately 14,000 acres, identified as Teepee-Spring Creek Wilderness on the Map, which shall be known as Teepee-Spring Creek Wilderness . (U) Baldy Mountain Wilderness Certain Federal land within the Lolo National Forest comprising approximately 6,000 acres, identified as Baldy Mountain Wilderness on the Map, which shall be known as Baldy Mountain Wilderness . (V) Scotchman’s Peak Wilderness Certain Federal land within the Kootenai National Forest and the Idaho Panhandle National Forest comprising approximately 88,000 acres, identified as Scotchman’s Peak Wilderness on the Map, which shall be known as the Scotchman’s Peak Wilderness . (W) Buckhorn Ridge Wilderness Certain Federal land within the Kootenai National Forest and the Idaho Panhandle National Forest comprising approximately 36,000 acres, identified as Buckhorn Ridge Wilderness on the Map, which shall be known as the Buckhorn Ridge Wilderness . (X) GrassyTop/Hall Mountain Wilderness Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 24,000 acres, identified as Grassy Top/Hall Mountain Wilderness on the Map, which shall be known as the Grassy Top/Hall Mountain Wilderness . (Y) Abercrombie-Hooknose Wilderness Certain Federal land within the Colville National Forest comprising approximately 38,000 acres, identified as Abercrombie-Hooknose Wilderness on the Map, which shall be known as the Abercrombie-Hooknose Wilderness . (Z) HarveyCreek/Bunchgrass Wilderness Certain Federal land within the Colville National Forest comprising approximately 6,000 acres, identified as Harvey Creek/Bunchgrass Wilderness on the Map, which shall be known as the Harvey Creek/Bunchgrass Wilderness . (AA) South Fork Mountain Wilderness Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 6,000 acres, identified as South Fork Mountain Wilderness on the Map, which shall be known as the South Fork Mountain Wilderness . (BB) Quartzite Wilderness Certain Federal land within the Colville National Forest comprising approximately 5,000 acres, identified as Quartzite Wilderness on the Map, which shall be known as the Quartzite Wilderness . (CC) South Fork Hungry Mountain Wilderness Certain Federal land within the Idaho Panhandle National Forest and the Colville National Forest comprising approximately 9,000 acres, identified as South Fork Hungry Mountain Wilderness on the Map, which shall be known as the South Fork Hungry Mountain Wilderness . (DD) Continental Mountain Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 8,000 acres, identified as Continental Mountain Wilderness on the Map, which shall be known as the Continental Mountain Wilderness . (EE) Deep White Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 8,000 acres, identified as Deep White Wilderness on the Map, which shall be known as the Deep White Wilderness . (FF) Schafer Peak Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 6,000 acres, identified as Schafer Peak Wilderness on the Map, which shall be known as the Schafer Peak Wilderness . (GG) Upper Priest Lake Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 13,000 acres, identified as Upper Priest Lake Wilderness on the Map, which shall be known as the Upper Priest Lake Wilderness . (HH) Long Canyon/Selkirk Crest Wilderness Certain Federal land within the Idaho Panhandle National Forest, and on land administered by the Coeur d’Alene Field Office of the Bureau of Land Management comprising approximately 99,000 acres, identified as Long Canyon/Selkirk Crest Wilderness on the Map, which shall be known as the Long Canyon/Selkirk Crest Wilderness . (II) Lake Estelle Roberts Wilderness Certain Federal land within the Idaho Panhandle National Forest and the Kootenai National Forest comprising approximately 79,000 acres, identified as Lake Estelle Roberts Wilderness on the Map, which shall be known as the Lake Estelle Roberts Wilderness . (JJ) Trestle Peak Wilderness Certain Federal land within the Idaho Panhandle National Forest and the Kootenai National Forest comprising approximately 7,000 acres, identified as Trestle Peak Wilderness on the Map, which shall be known as the Trestle Peak Wilderness . (KK) Beetop Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 12,000 acres, identified as Beetop Wilderness on the Map, which shall be known as the Beetop Wilderness . (LL) Packsaddle Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 19,000 acres, identified as Packsaddle Wilderness on the Map, which shall be known as the Packsaddle Wilderness . (MM) Blacktail Pend Oreille Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 5,000 acres, identified as Blacktail Pend Oreille Wilderness on the Map, which shall be known as the Blacktail Pend Oreille Wilderness . (NN) Magee Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 35,000 acres, identified as Magee Wilderness on the Map, which shall be known as the Magee Wilderness . (OO) Tepee Creek Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 5,000 acres, identified as Tepee Creek Wilderness on the Map, which shall be known as the Tepee Creek Wilderness . (PP) Trouble Creek Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 6,000 acres, identified as Trouble Creek Wilderness on the Map, which shall be known as the Trouble Creek Wilderness . (QQ) Graham Coal Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 10,000 acres, identified as Graham Coal Wilderness on the Map, which shall be known as the Graham Coal Wilderness . (RR) Kootenai Peak Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 5,000 acres, identified as Kootenai Peak Wilderness on the Map, which shall be known as the Kootenai Peak Wilderness . (SS) Katka Wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 10,000 acres, identified as Katka Wilderness on the Map, which shall be known as the Katka Wilderness . 106. Greater Hells Canyon ecosystem (a) Definition of Map In this section, the term Map means the map entitled Hells Canyon and dated April 28, 2016. (b) Designations To protect the unique and endangered greater Hells Canyon ecosystem, the following land is designated as wilderness: (1) Hells Canyon Wilderness additions The following land, consisting of a total of approximately 394,000 acres, is incorporated in, and shall be administered as part of, the Hells Canyon Wilderness: (A) Rapid River Addition Certain Federal land within the Payette National Forest and the Nez Perce-Clearwater National Forests comprising approximately 76,000 acres, identified as Rapid River Addition on the Map. (B) Salmon Face Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 9,000 acres, identified as Salmon Face Addition on the Map. (C) Klopton Creek/Corral Creek Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 21,000 acres, identified as Klopton Creek/Corral Creek Addition on the Map. (D) Big Canyon Addition Certain Federal land within the Nez Perce-Clearwater National Forests comprising approximately 14,000 acres, identified as Big Canyon Addition on the Map. (E) Other Hells Canyon Wilderness Addition Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 264,000 acres, identified as Other Hells Canyon Wilderness Addition on the Map. (2) Eagle Cap Wilderness Additions Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 100,000 acres, identified as Eagle Cap Wilderness Additions on the Map. (3) New National Wilderness Preservation System components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (A) Lake Fork Wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 12,000 acres, identified as Lake Fork Wilderness on the Map, which shall be known as the Lake Fork Wilderness . (B) Castle Ridge Wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 7,000 acres, identified as Castle Ridge Wilderness on the Map, which shall be known as the Castle Ridge Wilderness . (C) Homestead Wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 6,000 acres, identified as Homestead Wilderness on the Map, which shall be known as the Homestead Wilderness . 107. Islands in the Sky wilderness (a) Definitions In this section: (1) Biological corridors map The term Biological Corridors Map means the map entitled Biological Corridors and dated April 28, 2016. (2) Map 1 The term Map 1 means the map entitled Islands in the Sky Map 1 and dated April 28, 2016. (3) Map 2 The term Map 2 means the map entitled Islands in the Sky Map 2 and dated April 28, 2016. (4) Map 3 The term Map 3 means the map entitled Islands in the Sky Map 3 and dated April 28, 2016. (5) Map 4 The term Map 4 means the map entitled Islands in the Sky Map 4 and dated April 28, 2016. (b) Designations To protect the unique and increasingly isolated island mountain ranges in the Northern Rockies Bioregion, the following land is designated as wilderness: (1) Wenaha-tucannon wilderness additions The following land is incorporated in, and shall be administered as part of, the Wenaha-Tucannon Wilderness: (A) Upper tucannon addition Certain Federal land within the Umatilla National Forest comprising approximately 13,000 acres, identified as Upper Tucannon Addition on Map 1. (B) W- T addition Certain Federal land within the Umatilla National Forest comprising approximately 2,000 acres, identified as W-T Addition on Map 1. (C) Meadow Creek addition Certain Federal land within the Umatilla National Forest comprising approximately 2,000 acres, identified as Meadow Creek Addition on Map 1. (2) North fork john day wilderness additions The following land is incorporated in, and shall be administered as part of, the North Fork John Day Wilderness: (A) Greenhorn mountain addition Certain Federal land within the Malheur National Forest and the Wallowa-Whitman National Forest comprising approximately 24,000 acres, identified as Greenhorn Mountain Addition on Map 1. (B) Jumpoff joe additionto north fork john day wilderness Certain Federal land within the Malheur National Forest and the Umatilla National Forest comprising approximately 7,000 acres, identified as Jumpoff Joe Addition to North Fork John Day Wilderness on Map 1. (C) Twinmountainadditiontonorth fork john day wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 20,000 acres, identified as Twin Mountain Addition to North Fork John Day Wilderness on Map 1. (3) Cloud peak wilderness additions Certain Federal land within the Bighorn National Forest, and land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 203,000, identified as Cloud Peak Wilderness Additions on Map 3, is incorporated in, and shall be administered as part of, the Cloud Peak Wilderness. (4) Monument rock wilderness addition Certain Federal land within the Malheur National Forest comprising approximately 5,000 acres, identified as Monument Rock Wilderness Addition on Map 1, is incorporated in, and shall be administered as part of, the Monument Rock Wilderness. (5) Mount naomi wilderness addition Certain Federal land within the Caribou-Targhee National Forest comprising approximately 28,000 acres, identified as Mount Naomi Wilderness Addition on Map 4, is incorporated in, and shall be administered as part of, the Mount Naomi Wilderness. (6) New national wilderness preservation system components in the kettle mountains Each of the following areas of land within the Kettle Mountains is designated as a component of the National Wilderness Preservation System: (A) Thirteen mile wilderness Certain Federal land within the Colville National Forest comprising approximately 12,000 acres, identified as Thirteen Mile Wilderness on Map 2, which shall be known as the Thirteen Mile Wilderness . (B) Bald snow wilderness Certain Federal land within the Colville National Forest comprising approximately 20,000 acres, identified as Bald Snow Wilderness on Map 2, which shall be known as the Bald Snow Wilderness . (C) Copper/kettle wilderness Certain Federal land within the Colville National Forest comprising approximately 81,000 acres, identified as Copper/Kettle Wilderness on Map 2, which shall be known as the Copper/Kettle Wilderness . (D) Huckleberry south wilderness Certain Federal land within the Colville National Forest comprising approximately 10,000 acres, identified as Huckleberry South Wilderness on Map 2, which shall be known as the Huckleberry South Wilderness . (E) Cougar mountain wilderness Certain Federal land within the Colville National Forest comprising approximately 6,000 acres, identified as Cougar Mountain Wilderness on Map 2, which shall be known as the Cougar Mountain Wilderness . (F) Owl mountain wilderness Certain Federal land within the Colville National Forest comprising approximately 15,000 acres, identified as Owl Mountain Wilderness on Map 2, which shall be known as the Owl Mountain Wilderness . (G) Deer kettle wilderness Certain Federal land within the Colville National Forest comprising approximately 6,000 acres, identified as Deer Kettle Wilderness on Map 2, which shall be known as the Deer Kettle Wilderness . (H) Jackknife wilderness Certain Federal land within the Colville National Forest comprising approximately 9,000 acres, identified as Jackknife Wilderness on Map 2, which shall be known as the Jackknife Wilderness . (I) Paradise wilderness Certain Federal land within the Colville National Forest comprising approximately 9,000 acres, identified as Paradise Wilderness on the Map, which shall be known as the Paradise Wilderness . (J) Bulldog mountain wilderness Certain Federal land within the Colville National Forest comprising approximately 7,000 acres, identified as Bulldog Mountain Wilderness on Map 2, which shall be known as the Bulldog Mountain Wilderness . (7) New national wilderness preservation system components in the bighorn mountains Each of the following areas of land in the Bighorn Mountains is designated as a component of the National Wilderness Preservation System: (A) Little bighorn wilderness Certain Federal land within the Bighorn National Forest comprising approximately 120,000 acres, identified as Little Bighorn Wilderness on Map 3, which shall be known as the Little Bighorn Wilderness . (B) Walker prairie wilderness Certain Federal land within the Bighorn National Forest comprising approximately 51,000 acres, identified as Walker Prairie Wilderness on Map 3, which shall be known as the Walker Prairie Wilderness . (C) Devil’s canyon wilderness Certain Federal land within the Bighorn National Forest comprising approximately 32,000 acres, identified as Devil’s Canyon Wilderness on Map 3, which shall be known as the Devil’s Canyon Wilderness . (D) Hideout creek wilderness Certain Federal land within the Bighorn National Forest comprising approximately 9,000 acres, identified as Hideout Creek Wilderness on Map 3, which shall be known as the Hideout Creek Wilderness . (E) Bear rocks wilderness Certain Federal land comprising approximately 25,000 acres, identified as Bear Rocks Wilderness on Map 3, which shall be known as the Bear Rocks Wilderness . (F) Horse creek mesa wilderness Certain Federal land within the Bighorn National Forest comprising approximately 42,000 acres, identified as Horse Creek Mesa Wilderness on Map 3, which shall be known as the Horse Creek Mesa Wilderness . (G) Petes hole wilderness Certain Federal land within the Bighorn National Forest comprising approximately 20,000 acres, identified as Petes Hole Wilderness on Map 3, which shall be known as the Petes Hole Wilderness . (H) Grommund creek wilderness Certain Federal land within the Bighorn National Forest comprising approximately 6,000 acres, identified as Grommund Creek Wilderness on Map 3, which shall be known as the Grommund Creek Wilderness . (I) Hazelton peaks wilderness Certain Federal land within the Bighorn National Forest comprising approximately 9,000 acres, identified as Hazelton Peaks Wilderness on Map 3, which shall be known as the Hazelton Peaks Wilderness . (J) Leigh creek wilderness Certain Federal land within the Bighorn National Forest comprising approximately 7,000 acres, identified as Leigh Creek Wilderness on Map 3, which shall be known as the Leigh Creek Wilderness . (K) Medicine lodge wilderness Certain Federal land within the Bighorn National Forest, and land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 23,000 acres, identified as Medicine Lodge Wilderness on Map 3, which shall be known as the Medicine Lodge Wilderness . (L) Alkali creek wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 17,000 acres, identified as Alkali Creek Wilderness on Map 3, which shall be known as the Alkali Creek Wilderness . (M) Trapper creek canyon wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 17,000 acres, identified as Trapper Creek Canyon Wilderness on Map 3, which shall be known as the Trapper Creek Canyon Wilderness . (N) North fork powder river wilderness Certain Federal land administered by the Buffalo Field Office of the Bureau of Land Management comprising approximately 15,000 acres, identified as North Fork Powder River Wilderness on Map 3, which shall be known as the North Fork Powder River Wilderness . (O) Gardner mountain wilderness Certain Federal land administered by the Buffalo Field Office of the Bureau of Land Management comprising approximately 18,000 acres, identified as Gardner Mountain Wilderness on Map 3, which shall be known as the Gardner Mountain Wilderness . (P) Honeycombs wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 53,000 acres, identified as Honeycombs Wilderness on Map 3, which shall be known as the Honeycombs Wilderness . (Q) Buffalo creek wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 27,000 acres, identified as Buffalo Creek Wilderness on Map 3, which shall be known as the Buffalo Creek Wilderness . (R) Lysite mountain wilderness Certain Federal land administered by the Worland and Lander Field Offices of the Bureau of Land Management comprising approximately 10,000 acres, identified as Lysite Mountain Wilderness on Map 3, which shall be known as the Lysite Mountain Wilderness . (8) New national wilderness preservation system components in the pryor mountains Each of the following areas of land in the Pryor Mountains is designated as a component of the National Wilderness Preservation System: (A) Lost water canyon wilderness Certain Federal land within the Custer Gallatin National Forest, the Bighorn National Recreation Area, and land administered by the Billings Field Office of the Bureau of Land Management comprising approximately 63,000 acres, identified as Lost Water Canyon Wilderness on Map 3 and the map entitled Wilderness Recommendation Bighorn Canyon National Recreation Area and dated March 1981, which shall be known as the Lost Water Canyon Wilderness . (B) Big pryor mountain wilderness Certain Federal land within the Custer Gallatin National Forest comprising approximately 39,000 acres, identified as Big Pryor Mountain Wilderness on Map 3, which shall be known as the Big Pryor Mountain Wilderness . (9) Other new national wilderness preservation system components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (A) Willow springs wilderness Certain Federal land within the Umatilla National Forest comprising approximately 9,000 acres, identified as Willow Springs Wilderness on Map 1, which shall be known as the Willow Springs Wilderness . (B) Asotin creek wilderness Certain Federal land within the Umatilla National Forest comprising approximately 16,000 acres, identified as Asotin Creek Wilderness on Map 1, which shall be known as the Asotin Creek Wilderness . (C) Spangler wilderness Certain Federal land within the Umatilla National Forest comprising approximately 6,000 acres, identified as Spangler Wilderness on Map 1, which shall be known as the Spangler Wilderness . (D) Wenatchee creek wilderness Certain Federal land within the Umatilla National Forest comprising approximately 19,000 acres, identified as Wenatchee Creek Wilderness on Map 1, which shall be known as the Wenatchee Creek Wilderness . (E) Walla walla wilderness Certain Federal land within the Umatilla National Forest comprising approximately 35,000 acres, identified as Walla Walla Wilderness on Map 1, which shall be known as the Walla Walla Wilderness . (F) Grand ronde wilderness Certain Federal land within the Umatilla National Forest and the Wallowa-Whitman National Forest comprising approximately 19,000 acres, identified as Grande Ronde Wilderness on Map 1, which shall be known as the Grande Ronde Wilderness . (G) Texas butte wilderness Certain Federal land within the Umatilla National Forest comprising approximately 8,000 acres, identified as Texas Butte Wilderness on Map 1, which shall be known as the Texas Butte Wilderness . (H) Skookum wilderness Certain Federal land within the Umatilla National Forest comprising approximately 9,000 acres, identified as Skookum Wilderness on Map 1, which shall be known as the Skookum Wilderness . (I) Potamus wilderness Certain Federal land within the Umatilla National Forest comprising approximately 6,000 acres, identified as Potamus Wilderness on Map 1, which shall be known as the Potamus Wilderness . (J) South fork-tower wilderness Certain Federal land within the Umatilla National Forest comprising approximately 16,000 acres, identified as South Fork-Tower Wilderness on Map 1, which shall be known as the South Fork-Tower Wilderness . (K) East john day wilderness Certain Federal land within the Umatilla National Forest and the Wallowa-Whitman National Forest comprising approximately 6,000 acres, identified as East John Day Wilderness on Map 1, which shall be known as the East John Day Wilderness . (L) Horseshoe ridge wilderness Certain Federal land within the Umatilla National Forest comprising approximately 6,000 acres, identified as Horseshoe Ridge Wilderness on Map 1, which shall be known as the Horseshoe Ridge Wilderness . (M) Hellhole wilderness Certain Federal land within the Umatilla National Forest comprising approximately 67,000 acres, identified as Hellhole Wilderness on Map 1, which shall be known as the Hellhole Wilderness . (N) Mount emily wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 9,000 acres, identified as Mount Emily Wilderness on Map 1, which shall be known as the Mount Emily Wilderness . (O) Upper grande ronde wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 12,000 acres, identified as Upper Grande Ronde Wilderness on Map 1, which shall be known as the Upper Grande Ronde Wilderness . (P) Joseph canyon wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 24,000 acres, identified as Joseph Canyon Wilderness on Map 1, which shall be known as the Joseph Canyon Wilderness . (Q) Tope creek wilderness Certain Federal land within the Wallowa-Whitman National Forest comprising approximately 9,000 acres, identified as Tope Creek Wilderness on Map 1, which shall be known as the Tope Creek Wilderness . (R) Baldy mountain wilderness Certain Federal land within the Malheur National Forest comprising approximately 6,000 acres, identified as Baldy Mountain Wilderness on Map 1, which shall be known as the Baldy Mountain Wilderness . (S) Dixie butte wilderness Certain Federal land within the Malheur National Forest comprising approximately 8,000 acres, identified as Dixie Butte Wilderness on Map 1, which shall be known as the Dixie Butte Wilderness . (T) Murderers creek wilderness Certain Federal land within the Malheur National Forest comprising approximately 21,000 acres, identified as Murderers Creek Wilderness on Map 1, which shall be known as the Murderers Creek Wilderness . (U) Glacier mountain wilderness Certain Federal land within the Malheur National Forest comprising approximately 16,000 acres, identified as Glacier Mountain Wilderness on Map 1, which shall be known as the Glacier Mountain Wilderness . (V) Malheur river wilderness Certain Federal land within the Malheur National Forest comprising approximately 6,000 acres, identified as Malheur River Wilderness on Map 1, which shall be known as the Malheur River Wilderness . (W) Mcclellan mountain wilderness Certain Federal land within the Malheur National Forest comprising approximately 23,000 acres, identified as McClellan Mountain Wilderness on Map 1, which shall be known as the McClellan Mountain Wilderness . (X) Myrtle-silvies wilderness Certain Federal land within the Malheur National Forest comprising approximately 11,000 acres, identified as Myrtle-Silvies Wilderness on Map 1, which shall be known as the Myrtle-Silvies Wilderness . (Y) Nipple butte wilderness Certain Federal land within the Malheur National Forest comprising approximately 13,000 acres, identified as Nipple Butte Wilderness on Map 1, which shall be known as the Nipple Butte Wilderness . (Z) West malheur wilderness Certain Federal land within the Malheur National Forest comprising approximately 5,000 acres, identified as West Malheur Wilderness on Map 1, which shall be known as the West Malheur Wilderness . (AA) Shaketable wilderness Certain Federal land within the Malheur National Forest comprising approximately 8,000 acres, identified as Shaketable Wilderness on Map 1, which shall be known as the Shaketable Wilderness . (BB) Utley butte wilderness Certain Federal land within the Malheur National Forest comprising approximately 11,000 acres, identified as Utley Butte Wilderness on Map 1, which shall be known as the Utley Butte Wilderness . (CC) Flint range wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 73,000 acres, identified as Flint Range Wilderness on the Biological Corridors Map, which shall be known as the Flint Range Wilderness . (DD) Fred burr wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximate 6,000 acres, identified as Fred Burr Wilderness on the Biological Corridors Map, which shall be known as Fred Burr Wilderness . (EE) Elkhorn mountains wilderness Certain Federal land within the Helena National Forest, and land administered by the Butte Field Office of the Bureau of Land Management comprising approximately 88,000 acres, identified as Elkhorn Mountains Wilderness on the Biological Corridors Map, which shall be known as Elkhorn Mountains Wilderness . (FF) Cache peak wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 27,000 acres, identified as Cache Peak Wilderness on Map 4, which shall be known as the Cache Peak Wilderness . (GG) Sublett wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 7,000 acres, identified as Sublett Wilderness on Map 4, which shall be known as the Sublett Wilderness . (HH) Burnt basin/black pine wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 44,000 acres, identified as Burnt Basin/Black Pine Wilderness on Map 4, which shall be known as the Burnt Basin/Black Pine Wilderness . (II) Mount harrison wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 30,000 acres, identified as Mount Harrison Wilderness on Map 4, which shall be known as the Mount Harrison Wilderness . (JJ) Fifth fork rock creek wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 17,000 acres, identified as Fifth Fork Rock Creek Wilderness on Map 4, which shall be known as the Fifth Fork Rock Creek Wilderness . (KK) Third fork rock creek wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 14,000 acres, identified as Third Fork Rock Creek Wilderness on Map 4, which shall be known as the Third Fork Rock Creek Wilderness . (LL) Cottonwood wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 11,000 acres, identified as Cottonwood Wilderness on Map 4, which shall be known as the Cottonwood Wilderness . (MM) Mahogany butte wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 21,000 acres, identified as Mahogany Butte Wilderness on Map 4, which shall be known as the Mahogany Butte Wilderness . (NN) Thorobred wilderness Certain Federal land within the Sawtooth National Forest comprising approximately 6,000 acres, identified as Thorobred Wilderness on Map 4, which shall be known as the Thorobred Wilderness . (OO) Worm creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 42,000 acres, identified as Worm Creek Wilderness on Map 4, which shall be known as the Worm Creek Wilderness . (PP) Swan creek mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres, identified as Swan Creek Wilderness on Map 4, which shall be known as the Swan Creek Wilderness . (QQ) Gibson wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 8,000 acres, identified as Gibson Wilderness on Map 4, which shall be known as the Gibson Wilderness . (RR) Paris peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 9,000 acres, identified as Paris Peak Wilderness on Map 4, which shall be known as the Paris Peak Wilderness . (SS) Station creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 9,000 acres, identified as Station Creek Wilderness on Map 4, which shall be known as the Station Creek Wilderness . (TT) Mink creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 16,000 acres, identified as Mink Creek Wilderness on Map 4, which shall be known as the Mink Creek Wilderness . (UU) Liberty creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 15,000 acres, identified as Liberty Creek Wilderness on Map 4, which shall be known as the Liberty Creek Wilderness . (VV) Williams creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 10,000 acres, identified as Williams Creek Wilderness on Map 4, which shall be known as the Williams Creek Wilderness . (WW) Stauffer creek wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 6,000 acres, identified as Stauffer Creek Wilderness on Map 4, which shall be known as the Stauffer Creek Wilderness . (XX) Sherman peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 8,000 acres, identified as Sherman Peak Wilderness on Map 4, which shall be known as the Sherman Peak Wilderness . (YY) Soda point wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 23,000 acres, identified as Soda Point Wilderness on Map 4, which shall be known as the Soda Point Wilderness . (ZZ) Clarkston mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 16,000 acres, identified as Clarkston Mountain Wilderness on Map 4, which shall be known as the Clarkston Mountain Wilderness . (AAA) Malad wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres, identified as Malad Wilderness on Map 4, which shall be known as the Malad Wilderness . (BBB) Oxford mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 41,000 acres, identified as Oxford Mountain Wilderness on Map 4, which shall be known as the Oxford Mountain Wilderness . (CCC) Elkhorn mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 42,000 acres, identified as Elkhorn Mountain Wilderness on Map 4, which shall be known as the Elkhorn Mountain Wilderness . (DDD) Bonneville peak wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 32,000 acres, identified as Bonneville Peak Wilderness on Map 4, which shall be known as the Bonneville Peak Wilderness . (EEE) North pebble wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 5,000 acres, identified as North Pebble Wilderness on Map 4, which shall be known as the North Pebble Wilderness . (FFF) Toponce wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 18,000 acres, identified as Toponce Wilderness on Map 4, which shall be known as the Toponce Wilderness . (GGG) Scout mountain wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 25,000 acres, identified as Scout Mountain Wilderness on Map 4, which shall be known as the Scout Mountain Wilderness . (HHH) West mink wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 20,000 acres, identified as West Mink Wilderness on Map 4, which shall be known as the West Mink Wilderness . (III) Cuddy mountain wilderness Certain Federal land within the Payette National Forest comprising approximately 41,000 acres, identified as Cuddy Mountain Wilderness on Map 1, which shall be known as the Cuddy Mountain Wilderness . (JJJ) Council mountain wilderness Certain Federal land within the Payette National Forest comprising approximately 17,000 acres, identified as McCullough Peaks Wilderness on the map entitled Greater Salmon Selway and dated April 28, 2016, which shall be known as the Council Mountain Wilderness . (KKK) Mccullough peaks wilderness Certain Federal land administered by the Cody Field Office of the Bureau of Land Management comprising approximately 38,000 acres, identified as Council Mountain Wilderness on Map 3, which shall be known as the McCullough Peaks Wilderness . (LLL) Tatman mountain wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 25,000 acres, identified as Tatman Mountain Wilderness on Map 3, which shall be known as the Tatman Mountain Wilderness . (MMM) Fivemile creek wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 24,000 acres, identified as Fivemile Creek Wilderness on Map 3, which shall be known as the Fivemile Creek Wilderness . (NNN) Bobcat draw badlands wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 30,000 acres, identified as Bobcat Draw Badlands Wilderness on Map 3, which shall be known as the Bobcat Draw Badlands Wilderness . (OOO) Cedar bighorn wilderness Certain Federal land administered by the Worland Field Office of the Bureau of Land Management comprising approximately 39,000 acres, identified as Cedar Bighorn Wilderness on Map 3, which shall be known as the Cedar Bighorn Wilderness . (PPP) Copper mountain wilderness Certain Federal land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 7,000 acres, identified as Copper Mountain Wilderness on Map 3, which shall be known as the Copper Mountain Wilderness . (QQQ) Fuller peak wilderness Certain Federal land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 10,000 acres, identified as Fuller Peak Wilderness on Map 3, which shall be known as the Fuller Peak Wilderness . (RRR) Lysite badlands wilderness Certain Federal land administered by the Lander Field Office of the Bureau of Land Management comprising approximately 14,000 acres, identified as Lysite Badlands Wilderness on Map 3, which shall be known as the Lysite Badlands Wilderness . (SSS) Hoodoo mountain wilderness Certain Federal land within the public land administered by the Missoula Field Office of the Bureau of Land Management comprising approximately 11,000 acres, identified as Hoodoo Mountain Wilderness on the Biological Corridors Map, which shall be known as the Hoodoo Mountain Wilderness . (TTT) Wales creek wilderness Certain Federal land within the public land administered by the Missoula Field Office of the Bureau of Land Management comprising approximately 12,000 acres, identified as Wales Creek Wilderness on the Biological Corridors Map, which shall be known as the Wales Creek Wilderness . 108. Wilderness in biological connecting corridors (a) Definition of Map In this section, the term Map means the map entitled Biological Corridors and dated April 28, 2016. (b) Designations To protect the unique and increasingly isolated island mountain ranges in the biological connecting corridors designated by section 202, the following land is designated as wilderness: (1) Sapphiremountains/continentaldivide corridor The following land in Sapphire Mountains/Continental Divide Corridor is designated as wilderness: (A) Welcome creek wilderness addition Certain Federal land within the Lolo National Forest comprising approximately 1,000 acres, identified as Welcome Creek Wilderness Addition on the Map, is incorporated in, and shall be administered as part of, the Welcome Creek Wilderness. (B) Anaconda-pintler wilderness addition Certain Federal land within the Bitterroot and Beaverhead-Deerlodge National Forest comprising approximately 194,000 acres, identified as Anaconda-Pintler Wilderness Addition on the Map, is incorporated in, and shall be administered as part of, the Anaconda-Pintler Wilderness. (C) New National Wilderness Preservation System components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (i) Stony mountain wilderness Certain Federal land within the Bitterroot, Lolo, and Beaverhead-Deerlodge National Forest comprising approximately 120,000 acres, identified as Stony Mountain Wilderness on the Map, which shall be known as the Stony Mountain Wilderness . (ii) Quigg peak wilderness Certain Federal land within the Lolo and Beaverhead-Deerlodge National Forests and land administered by the Missoula Field Office of the Bureau of Land Management comprising approximately 77,000 acres, identified as Quigg Peak Wilderness on the Map, which shall be known as the Quigg Peak Wilderness . (iii) Silver king wilderness Certain Federal land within the Lolo and Beaverhead-Deerlodge National Forest comprising approximately 50,000 acres, identified as Silver King Wilderness on the Map, which shall be known as the Silver King Wilderness . (iv) Emerine wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 15,000 acres, identified as Emerine Wilderness on the Map, which shall be known as the Emerine Wilderness . (v) Sleeping child wilderness Certain Federal land within the Bitterroot National Forest comprising approximately 21,000 acres, identified as Sleeping Child Wilderness on the Map, which shall be known as the Sleeping Child Wilderness . (2) Jocko mountains/cabinet mountains corridor Each of the following areas of land in Jocko Mountains/Cabinet Mountains Corridor is designated as a component of the National Wilderness Preservation System: (A) Mount bushnell wilderness Certain Federal land within the Lolo National Forest comprising approximately 42,000 acres, identified as Mount Bushnell Wilderness on the Map, which shall be known as the Mount Bushnell Wilderness . (B) Cherry peak wilderness Certain Federal land within the Lolo National Forest comprising approximately 38,000 acres, identified as Cherry Peak Wilderness on the Map, which shall be known as the Cherry Peak Wilderness . (C) Patrick’s knob/north cutoff Certain Federal land within the Lolo National Forest comprising approximately 17,000 acres, identified as Patrick’s Knob/North Cutoff Wilderness on the Map, which shall be known as the Patrick’s Knob/North Cutoff Wilderness . (D) South siegel/south cutoff wilderness Certain Federal land within the Lolo National Forest comprising approximately 13,000 acres, identified as South Siegel/South Cutoff Wilderness on the Map, which shall be known as the South Siegel/South Cutoff Wilderness . (E) North siegel wilderness Certain Federal land within the Lolo National Forest comprising approximately 9,000 acres, identified as North Siegel Wilderness on the Map, which shall be known as the North Siegel Wilderness . (F) Reservation divide wilderness Certain Federal land within the Lolo National Forest comprising approximately 19,000 acres, identified as Reservation Divide Wilderness on the Map, which shall be known as the Reservation Divide Wilderness . (3) Nine mile/great burn corridor Each of the following areas of land in Nine Mile/Great Burn Corridor is designated as a component of the National Wilderness Preservation System: (A) Burdette wilderness Certain Federal land within the Lolo National Forest comprising approximately 16,000 acres, identified as Burdette Wilderness on the Map, which shall be known as the Burdette Wilderness . (B) Petty mountain wilderness Certain Federal land within the Lolo National Forest comprising approximately 16,000 acres, identified as Petty Mountain Wilderness on the Map, which shall be known as the Petty Mountain Wilderness . (C) Gillman creek wilderness Certain Federal land within the Lolo National Forest comprising approximately 8,000 acres, identified as Gillman Creek Wilderness on the Map, which shall be known as the Gillman Creek Wilderness . (4) Anaconda-pintler divide corridor Each of the following areas of land in Anaconda-Pintler Divide Corridor is designated as a component of the National Wilderness Preservation System: (A) Fleecer wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 36,000 acres, identified as Fleecer Wilderness on the Map, which shall be known as the Fleecer Wilderness . (B) Highlands wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 21,000 acres, identified as Highlands Wilderness on the Map, which shall be known as the Highlands Wilderness . (C) Basin creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 9,000 acres, identified as Basin Creek Wilderness on the Map, which shall be known as the Basin Creek Wilderness . (D) Granulated mountains wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 14,000 acres, identified as Granulated Mountains Wilderness on the Map, which shall be known as the Granulated Mountains Wilderness . (E) Lower boulder wilderness Certain Federal land administered by the Butte Field Office of the Bureau of Land Management comprising approximately 6,000 acres, identified as Lower Boulder Wilderness on the Map, which shall be known as the Lower Boulder Wilderness . (F) Ruby range wilderness Certain Federal land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 27,000 acres, identified as Ruby Range Wilderness on the Map, which shall be known as the Ruby Range Wilderness . (G) Humbug spires wilderness Certain Federal land administered by the Butte Field Office of the Bureau of Land Management comprising approximately 12,000 acres, identified as Humbug Spires Wilderness on the Map, which shall be known as the Humbug Spires Wilderness . (5) Ten lakes/cabinet/yaak corridor Each of the following areas of land in Ten Lakes/Cabinet/Yaak Corridor is designated as a component of the National Wilderness Preservation System: (A) Gold creek wilderness Certain Federal land within the Kootenai National Forest comprising approximately 6,000 acres, identified as Gold Creek Wilderness on the Map, which shall be known as the Gold Creek Wilderness . (B) Gold creek west wilderness Certain Federal land within the Kootenai National Forest comprising approximately 16,000 acres, identified as Gold Creek West Wilderness on the Map, which shall be known as the Gold Creek West Wilderness . (C) Zulu creek wilderness Certain Federal land within the Kootenai National Forest comprising approximately 6,000 acres, identified as Zulu Creek Wilderness on the Map, which shall be known as the Zulu Creek Wilderness . (D) Good creek wilderness Certain Federal land within the Kootenai National Forest comprising approximately 8,000 acres, identified as Good Creek Wilderness on the Map, which shall be known as the Good Creek Wilderness . (6) Cabinet/yaak/great burn complex corridor Each of the following areas of land in Ten Lakes/Cabinet/Yaak Corridor is designated as a component of the National Wilderness Preservation System: (A) Maple peak wilderness Certain Federal land within the Lolo, Idaho Panhandle, and Kootenai National Forests comprising approximately 19,000 acres, identified as Maple Peak Wilderness on the Map, which shall be known as the Maple Peak Wilderness . (B) Storm creek wilderness Certain Federal land within the Idaho Panhandle and Kootenai National Forest comprising approximately 8,000 acres, identified as Storm Creek Wilderness on the Map, which shall be known as the Storm Creek Wilderness . (C) Hammond creek wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 17,000 acres, identified as Hammond Creek Wilderness on the Map, which shall be known as the Hammond Creek Wilderness . (D) North fork wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 31,000 acres, identified as North Fork Wilderness on the Map, which shall be known as the North Fork Wilderness . (E) Big creek wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 76,000 acres, identified as Big Creek Wilderness on the Map, which shall be known as the Big Creek Wilderness . (F) Bobtail peak wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 12,000 acres, identified as Bobtail Peak Wilderness on the Map, which shall be known as the Bobtail Peak Wilderness . (G) East cathedral peak wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 34,000 acres, identified as East Cathedral Peak Wilderness on the Map, which shall be known as the East Cathedral Peak Wilderness . (H) Spion kop wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 22,000 acres, identified as Spion Kop Wilderness on the Map, which shall be known as the Spion Kop Wilderness . (I) Roland point wilderness Certain Federal land within the Idaho Panhandle National Forest comprising approximately 6,000 acres, identified as Roland Point Wilderness on the Map, which shall be known as the Roland Point Wilderness . (J) Trout creek wilderness Certain Federal land within the Idaho Panhandle and Kootenai National Forests comprising approximately 39,000 acres, identified as Trout Creek Wilderness on the Map, which shall be known as the Trout Creek Wilderness . (K) Wonderful peak wilderness Certain Federal land within the Idaho Panhandle and Lolo National Forests comprising approximately 6,000 acres, identified as Wonderful Peak Wilderness on the Map, which shall be known as the Wonderful Peak Wilderness . (L) Stevens peak wilderness Certain Federal land within the Idaho Panhandle and Lolo National Forests comprising approximately 5,000 acres, identified as Stevens Peak Wilderness on the Map, which shall be known as the Stevens Peak Wilderness . (M) Evans gulch wilderness Certain Federal land within the Lolo National Forest comprising approximately 8,000 acres, identified as Evans Gulch Wilderness on the Map, which shall be known as the Evans Gulch Wilderness . (N) Gilt edge-silver creek wilderness Certain Federal land within the Lolo National Forest comprising approximately 10,000 acres, identified as Gilt Edge-Silver Creek Wilderness on the Map, which shall be known as the Gilt Edge-Silver Creek Wilderness . (O) Ward eagle wilderness Certain Federal land within the Lolo National Forest comprising approximately 9,000 acres, identified as Ward Eagle Wilderness on the Map, which shall be known as the Ward Eagle Wilderness . (P) Marble point wilderness Certain Federal land within the Lolo National Forest comprising approximately 13,000 acres, identified as Marble Point Wilderness on the Map, which shall be known as the Marble Point Wilderness . (7) Anaconda-pintler/bitterrootmountains corridor Each of the following areas of land in Anaconda-Pintler/Bitterroot Mountains Corridor is designated as a component of the National Wilderness Preservation System: (A) West pioneers wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 230,000 acres, identified as West Pioneers Wilderness on the Map, which shall be known as the West Pioneers Wilderness . (B) Cattle gulch ridge wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 19,000 acres, identified as Cattle Gulch Ridge Wilderness on the Map, which shall be known as the Cattle Gulch Ridge Wilderness . (C) East pioneers/call mountain wilderness Certain Federal land within the Beaverhead-Deerlodge National Forests and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 160,000 acres, identified as East Pioneers/Call Mountain Wilderness on the Map, which shall be known as the East Pioneers/Call Mountain Wilderness . (8) Frank church/greater yellowstone corridor Each of the following areas of land in Frank Church/Greater Yellowstone Corridor is designated as a component of the National Wilderness Preservation System: (A) Tolan creek wilderness Certain Federal land within the Bitterroot National Forest comprising approximately 7,000 acres, identified as Tolan Creek Wilderness on the Map, which shall be known as the Tolan Creek Wilderness . (B) Allan mountain wilderness Certain Federal land within the Bitterroot and Salmon-Challis National Forest comprising approximately 151,000 acres, identified as Allan Mountain Wilderness on the Map, which shall be known as the Allan Mountain Wilderness . (C) Anderson mountain wilderness Certain Federal land within the Beaverhead-Deerlodge and Salmon-Challis National Forest comprising approximately 49,000 acres, identified as Anderson Mountain Wilderness on the Map, which shall be known as the Anderson Mountain Wilderness . (D) West big hole wilderness Certain Federal land within the Beaverhead-Deerlodge and Salmon-Challis National Forest comprising approximately 210,000 acres, identified as West Big Hole Wilderness on the Map, which shall be known as the West Big Hole Wilderness . (E) Goat mountain wilderness Certain Federal land within the Beaverhead-Deerlodge and Salmon-Challis National Forest comprising approximately 45,000 acres, identified as Goat Mountain Wilderness on the Map, which shall be known as the Goat Mountain Wilderness . (F) Italian peaks wilderness Certain Federal land within the Beaverhead-Deerlodge, Salmon-Challis, and Caribou-Targhee National Forests and land administered by the Salmon Field Office of the Bureau of Land Management comprising approximately 305,000 acres, identified as Italian Peaks Wilderness on the Map, which shall be known as the Italian Peaks Wilderness . (G) Garfield mountain wilderness Certain Federal land within the Beaverhead-Deerlodge and Caribou-Targhee National Forests comprising approximately 92,000 acres, identified as Garfield Mountain Wilderness on the Map, which shall be known as the Garfield Mountain Wilderness . (H) Four eyes canyon wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 8,000 acres, identified as Four Eyes Canyon Wilderness on the Map, which shall be known as the Four Eyes Canyon Wilderness . (I) Tendoy mountains wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 83,000 acres, identified as Tendoy Mountains Wilderness on the Map, which shall be known as the Tendoy Mountains Wilderness . (J) Henneberry ridge wilderness Certain Federal land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 12,000 acres, identified as Henneberry Ridge Wilderness on the Map, which shall be known as the Henneberry Ridge Wilderness . (K) Black tail mountains wilderness Certain Federal land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 15,000 acres, identified as Black Tail Mountains Wilderness on the Map, which shall be known as the Black Tail Mountains Wilderness . (L) Saginaw creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 9,000 acres, identified as Saginaw Creek Wilderness on the Map, which shall be known as the Saginaw Creek Wilderness . (M) Tash peak wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 53,000 acres, identified as Tash Peak Wilderness on the Map, which shall be known as the Tash Peak Wilderness . (N) Beaver lakes wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres, identified as Beaver Lakes Wilderness on the Map, which shall be known as the Beaver Lakes Wilderness . (O) Agency creek wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 6,000 acres, identified as Agency Creek Wilderness on the Map, which shall be known as the Agency Creek Wilderness . (P) Freezeout wilderness Certain Federal land within the Caribou-Targhee and Beaverhead-Deerlodge National Forests comprising approximately 37,000 acres, identified as Freezeout Wilderness on the Map, which shall be known as the Freezeout Wilderness . (Q) Two top wilderness Certain Federal land within the Caribou-Targhee National Forest comprising approximately 7,000 acres, identified as Two Top Wilderness on the Map, which shall be known as the Two Top Wilderness . (R) Centennials wilderness Certain Federal land within the Caribou-Targhee and Beaverhead-Deerlodge National Forests and land administered by the Dillon Field Office of the Bureau of Land Management comprising approximately 88,000 acres, identified as Centennials Wilderness on the Map, which shall be known as the Centennials Wilderness . (S) Little bear creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres, identified as Little Bear Creek Wilderness on the Map, which shall be known as the Little Bear Creek Wilderness . (9) Lemhi mountains corridor Each of the following areas of land in Lemhi Mountains Corridor is designated as a component of the National Wilderness Preservation System: (A) North lemhi mountains wilderness Certain Federal land within the Salmon-Challis National Forest and land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 309,000 acres, identified as North Lemhi Mountains Wilderness on the Map, which shall be known as the North Lemhi Mountains Wilderness . (B) South lemhi wilderness Certain Federal land within the Salmon-Challis and Caribou-Targhee National Forests and land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 173,000 acres, identified as South Lemhi Wilderness on the Map, which shall be known as the South Lemhi Wilderness . (C) Warm canyon wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 7,000 acres, identified as Warm Canyon Wilderness on the Map, which shall be known as the Warm Canyon Wilderness . (D) Goldbug ridge wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 13,000 acres, identified as Goldbug Ridge Wilderness on the Map, which shall be known as the Goldbug Ridge Wilderness . (E) Sal mountain wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 14,000 acres, identified as Sal Mountain Wilderness on the Map, which shall be known as the Sal Mountain Wilderness . (10) Lost river range corridor Each of the following areas of land in Lost River Range Corridor is designated as a component of the National Wilderness Preservation System: (A) Borah peak wilderness Certain Federal land within the Salmon-Challis National Forest and land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 155,000 acres, identified as Borah Peak Wilderness on the Map, which shall be known as the Borah Peak Wilderness . (B) King mountain wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 87,000 acres, identified as King Mountain Wilderness on the Map, which shall be known as the King Mountain Wilderness . (C) Grouse peak wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 9,000 acres, identified as Grouse Peak Wilderness on the Map, which shall be known as the Grouse Peak Wilderness . (D) Red hill wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 15,000 acres, identified as Red Hill Wilderness on the Map, which shall be known as the Red Hill Wilderness . (E) Jumpoff mountain wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 14,000 acres, identified as Jumpoff Mountain Wilderness on the Map, which shall be known as the Jumpoff Mountain Wilderness . (F) Wood canyon wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 8,000 acres, identified as Wood Canyon Wilderness on the Map, which shall be known as the Wood Canyon Wilderness . (G) Pahsimeroi wilderness Certain Federal land within the Salmon-Challis National Forest comprising approximately 73,000 acres, identified as Pahsimeroi Wilderness on the Map, which shall be known as the Pahsimeroi Wilderness . (H) Burnt creek wilderness Certain Federal land administered by the Upper Snake and Challis Field Offices of the Bureau of Land Management comprising approximately 22,000 acres, identified as Burnt Creek Wilderness on the Map, which shall be known as the Burnt Creek Wilderness . (I) Hawley mountain wilderness Certain Federal land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 17,000 acres, identified as Hawley Mountain Wilderness on the Map, which shall be known as the Hawley Mountain Wilderness . (11) Boulder/whiteclouds/lost river range corridor Each of the following areas of land in Boulder/White Clouds/Lost River Range Corridor is designated as a component of the National Wilderness Preservation System: (A) Corral-horse basin wilderness Certain Federal land administered by the Challis Field Office of the Bureau of Land Management comprising approximately 47,000 acres, identified as Corral-Horse Basin Wilderness on the map entitled Greater Salmon Selway and dated April 28, 2016, which shall be known as the Corral-Horse Basin Wilderness . (B) Appendicitis hill wilderness Certain Federal land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 22,000 acres, identified as Appendicitis Hill Wilderness on the map entitled Greater Salmon Selway and dated April 28, 2016, which shall be known as the Appendicitis Hill Wilderness . (C) White-knob mountains wilderness Certain Federal land administered by the Upper Snake Field Office of the Bureau of Land Management comprising approximately 10,000 acres, identified as White-Knob Mountains Wilderness on the map entitled Greater Salmon Selway and dated April 28, 2016, which shall be known as the White-Knob Mountains Wilderness . (12) Greater glacier/greater yellowstone corridor The following land in Greater Glacier/Greater Yellowstone Corridor is designated as wilderness: (A) Gates of the mountain wilderness addition Certain Federal land within the Helena National Forest comprising approximately 20,000 acres, identified as Gates of the Mountain Wilderness Addition on the Map is incorporated in, and shall be administered as part of, the Gates of the Mountain Wilderness. (B) New National Wilderness Preservation System components Each of the following areas of land is designated as a component of the National Wilderness Preservation System: (i) Tenderfoot wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 105,000 acres, identified as Tenderfoot Wilderness on the Map, which shall be known as the Tenderfoot Wilderness . (ii) Middle fork judith wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 84,000 acres, identified as Middle Fork Judith Wilderness on the Map, which shall be known as the Middle Fork Judith Wilderness . (iii) Pilgrim creek wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 47,000 acres, identified as Pilgrim Creek Wilderness on the Map, which shall be known as the Pilgrim Creek Wilderness . (iv) Paine gulch wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 8,000 acres, identified as Paine Gulch Wilderness on the Map, which shall be known as the Paine Gulch Wilderness . (v) Sawmill gulch wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 12,000 acres, identified as Sawmill Gulch Wilderness on the Map, which shall be known as the Sawmill Gulch Wilderness . (vi) Spring creek wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 18,000 acres, identified as Spring Creek Wilderness on the Map, which shall be known as the Spring Creek Wilderness . (vii) TW mountain wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 8,000 acres, identified as TW Mountain Wilderness on the Map, which shall be known as the TW Mountain Wilderness . (viii) Big baldy wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 43,000 acres, identified as Big Baldy Wilderness on the Map, which shall be known as the Big Baldy Wilderness . (ix) Stanford wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 10,000 acres, identified as Stanford Wilderness on the Map, which shall be known as the Stanford Wilderness . (x) Tollgate-sheep wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 25,000 acres, identified as Tollgate-Sheep Wilderness on the Map, which shall be known as the Tollgate-Sheep Wilderness . (xi) Mount high wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 33,000 acres, identified as Mount High Wilderness on the Map, which shall be known as the Mount High Wilderness . (xii) Bluff mountain wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 37,000 acres, identified as Bluff Mountain Wilderness on the Map, which shall be known as the Bluff Mountain Wilderness . (xiii) North fork smith wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 9,000 acres, identified as North Fork Smith Wilderness on the Map, which shall be known as the North Fork Smith Wilderness . (xiv) Big snowies wilderness Certain Federal land within the Lewis and Clark National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management comprising approximately 105,000 acres, identified as Big Snowies Wilderness on the map entitled Islands in the Sky Map 3 and dated April 28, 2016, which shall be known as the Big Snowies Wilderness . (xv) Highwoods wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 25,000 acres, identified as Highwoods Wilderness on the Map, which shall be known as the Highwoods Wilderness . (xvi) Highwood baldy wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 16,000 acres, identified as Highwood Baldy Wilderness on the Map, which shall be known as the Highwood Baldy Wilderness . (xvii) Calf creek wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 10,000 acres, identified as Calf Creek Wilderness on the Map, which shall be known as the Calf Creek Wilderness . (xviii) Eagle creek wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 6,000 acres, identified as Eagle Creek Wilderness on the Map, which shall be known as the Eagle Creek Wilderness . (xix) Castle mountains wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 28,000 acres, identified as Castle Mountains Wilderness on the Map, which shall be known as the Castle Mountains Wilderness . (xx) Box canyon wilderness Certain Federal land within the Lewis and Clark National Forest comprising approximately 15,000 acres, identified as Box Canyon Wilderness on the Map, which shall be known as the Box Canyon Wilderness . (xxi) Crazy mountains wilderness Certain Federal land within the Lewis and Clark National Forest and the Custer Gallatin National Forest comprising approximately 159,000 acres, identified as Crazy Mountains Wilderness on the Map, which shall be known as Crazy Mountains Wilderness . (xxii) Lazyman gulch wilderness Certain Federal land within the Helena National Forest comprising approximately 11,000 acres, identified as Lazyman Gulch Wilderness on the Map, which shall be known as the Lazyman Gulch Wilderness . (xxiii) Big birch pond wilderness Certain Federal land within the Helena National Forest comprising approximately 19,000 acres, identified as Big Birch Pond Wilderness on the Map, which shall be known as the Big Birch Pond Wilderness . (xxiv) Camas creek wilderness Certain Federal land within the Helena National Forest comprising approximately 27,000 acres, identified as Camas Creek Wilderness on the Map, which shall be known as the Camas Creek Wilderness . (xxv) Jericho mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 12,000 acres, identified as Jericho Mountain Wilderness on the Map, which shall be known as the Jericho Mountain Wilderness . (xxvi) Irish gulch wilderness Certain Federal land within the Helena National Forest comprising approximately 7,000 acres, identified as Irish Gulch Wilderness on the Map, which shall be known as the Irish Gulch Wilderness . (xxvii) Grassy mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 7,000 acres, identified as Grassy Mountain Wilderness on the Map, which shall be known as the Grassy Mountain Wilderness . (xxviii) Middleman/hedges wilderness Certain Federal land within the Helena National Forest comprising approximately 34,000 acres, identified as Middleman/Hedges Wilderness on the Map, which shall be known as the Middleman/Hedges Wilderness . (xxix) Hellgate gulch wilderness Certain Federal land within the Helena National Forest comprising approximately 17,000 acres, identified as Hellgate Gulch Wilderness on the Map, which shall be known as the Hellgate Gulch Wilderness . (xxx) Cayuse mountain wilderness Certain Federal land within the Helena National Forest comprising approximately 22,000 acres, identified as Cayuse Mountain Wilderness on the Map, which shall be known as the Cayuse Mountain Wilderness . (xxxi) Electricpeak/littleblackfoot meadows wilderness,beaverhead-deerlodge and helena national forests Certain Federal land within the Helena and Beaverhead-Deerlodge National Forests comprising approximately 53,000 acres, identified as Electric Peak/Little Blackfoot Meadows Wilderness, Beaverhead-Deerlodge on the Map, which shall be known as the Electric Peak/Little Blackfoot Meadows Wilderness . (xxxii) Whitetail-haystack wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 73,000 acres, identified as Whitetail-Haystack Wilderness on the Map, which shall be known as the Whitetail-Haystack Wilderness . (xxxiii) O’neil creek wilderness Certain Federal land within the Beaverhead-Deerlodge National Forest comprising approximately 7,000 acres, identified as O’Neil Creek Wilderness on the Map, which shall be known as the O’Neil Creek Wilderness . (xxxiv) Bangtail wilderness Certain Federal land within the Custer Gallatin National Forest comprising approximately 51,000 acres, identified as Bangtail Wilderness on the Map, which shall be known as the Bangtail Wilderness . (13) Mt. Leidy Highlands/Wind River Range Corridor Certain Federal land in Mt. Leidy Highlands/Wind River Range Corridor within the Shoshone National Forest comprising approximately 7,000 acres, identified as Fish Lake Mountain Wilderness on the map entitled Greater Yellowstone and dated April 28, 2016, is designated as a component of the National Wilderness Preservation System and shall be known as the Fish Lake Mountain Wilderness . 109. Administration (a) In general Subject to valid existing rights, land designated as wilderness by this title shall be administered by the Secretary concerned in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that— (1) any reference in that Act to the effective date shall be deemed to be a reference to the date of the enactment of this Act; (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary concerned; and (3) the Secretary of the Interior and the Secretary of Agriculture shall, to the maximum extent practicable, coordinate the management of an area of land designated as wilderness by this title that contains— (A) land administered by the Secretary of the Interior; and (B) land administered by the Secretary of Agriculture. (b) Maps and legal description (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary concerned shall submit a map and legal description of each area of land designated as wilderness by this title to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force and effect Each map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary concerned may correct clerical and typographical errors in the map or legal description. (3) Public availability Each map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the Office of the Chief of the Forest Service, the Office of the Director of the Bureau of Land Management, or the Office of the Director of the National Park Service, as appropriate. 110. Water (a) Reservation (1) In general With respect to the land designated as wilderness by this title, rights to a quantity of water sufficient to fulfill the purposes for which the land is designated as wilderness are reserved. (2) Priority date The priority date of the rights reserved by paragraph (1) is the date of enactment of this Act. (b) Implementation The Secretary of Agriculture, the Secretary of the Interior, and any other relevant officer of the United States shall, to the maximum extent practicable, ensure that the rights reserved by subsection (a) are protected, including by filing in a court of the State of Idaho, Montana, Wyoming, Oregon, or Washington claims for quantification of those rights in any appropriate stream adjudication— (1) occurring on or after the date of enactment of this Act; and (2) in which the United States is properly joined in accordance with section 208 of the Act of July 10, 1952 ( 43 U.S.C. 666 ) (commonly referred to as the McCarran Amendment ). 111. Donation of grazing permits and leases (a) Acceptance by Secretary concerned (1) In general The Secretary concerned shall accept the donation of any valid existing permit or lease authorizing grazing on public land or National Forest System land, all or a portion of which is within an area designated under this Act as— (A) a wilderness area; (B) a recovery area; or (C) a biological corridor. (2) Partial donation A person holding a valid grazing permit or lease for a grazing allotment partially in an area described in paragraph (1) may elect to donate only the portion of the grazing permit or lease that is within the applicable area. (b) Termination With respect to each permit or lease donated under subsection (a), the Secretary concerned shall— (1) terminate the grazing permit or lease or portion of the permit or lease; and (2) except as provided in subsection (c), ensure a permanent end to grazing on the land covered by the permit or lease or portion of the permit or lease. (c) Common allotments (1) In general If the land covered by a permit or lease donated under subsection (a) is also covered by another valid grazing permit or lease that is not donated under that subsection, the Secretary concerned shall reduce the authorized level on the land covered by the permit or lease to reflect the donation of the permit or lease under that subsection. (2) Authorized level To ensure that there is a permanent reduction in the level of grazing on the land covered by the permit or lease donated under subsection (a), the Secretary concerned shall not allow grazing use on the land to exceed the authorized level established under paragraph (1). (d) Partial donation If a person holding a valid grazing permit or lease donates less than the full level of grazing use authorized under the permit or lease under subsection (a), the Secretary concerned shall— (1) reduce the authorized grazing level to reflect the donation; and (2) modify the permit or lease to reflect the revised level. II Biological connecting corridors 201. Findings The Congress finds that, as of the date of enactment of this Act— (1) the most recent scientific information on ecological reserve design and function, including recent scientific information on species dispersal in response to a changing climate, points out the critical need for biological connecting corridors between the larger core ecosystem areas; (2) while none of the remaining major wild land ecosystems of the Northern Rockies Bioregion appears to be of sufficient size to perpetuate the full complement of self-sustaining viable populations of native wildlife, biological diversity, and full range of ecological processes on its own, it appears that an effective reserve system can be achieved if biological connecting corridors between the ecosystems are identified and protected; (3) the wild land areas addressed by this title are located between the major core ecosystems of the region and are essential for wildlife and plant migration and genetic interchange; and (4) these areas are some of the most beautiful and wild mountain ranges in the United States, including the Bitterroot, Sapphire, Lost River, Lemhi, and Bridger mountain ranges. 202. Designation of biological connecting corridors (a) Designations (1) In general To protect the life flow of the Northern Rockies Bioregion, the areas described in this section are designated as biological connecting corridors. (2) Types of designated biological connecting corridors Each designated biological connecting corridor designated by this section shall be, as specified in the applicable designating subsection— (A) an area designated as a component of the National Wilderness Preservation System in title I; or (B) an area subject to the special corridor management requirements described in section 203. (3) Name Each biological connecting corridor designated in this section shall be known by the name given in the subsection establishing the biological connecting corridor. (4) Map Each map described by this section shall be on file and available for public inspection in the Office of the Chief of the Forest Service and the Office of the Director of the Bureau of Land Management. (b) Sapphire Mountains/Continental Divide corridor Certain Federal land comprising approximately 120,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, and administered by the Bitterroot, Beaverhead-Deerlodge, or Lolo National Forest and land administered by the Missoula Field Office of the Bureau of Land Management is designated as Sapphire Mountains/Continental Divide Corridor and shall be subject to the special corridor management requirements under section 203. (c) Jocko Mountains/Cabinet Mountains corridor Certain Federal land comprising approximately 129,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, and administered by the Lolo National Forest is designated as Jocko Mountains/Cabinet Mountains Corridor and shall be subject to the special corridor management requirements under section 203. (d) Nine Mile/Great Burn corridor Certain Federal land comprising approximately 73,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, and administered by the Lolo National Forest is designated as Nine Mile/Great Burn Corridor and shall be subject to the special corridor management requirements under section 203. (e) Anaconda-Pintler Divide corridor Certain Federal land comprising approximately 260,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Beaverhead-Deerlodge National Forest and land administered by the Dillon or Butte Field Offices of the Bureau of Land Management is designated as Anaconda-Pintler Divide Corridor and shall be subject to the special corridor management requirements under section 203. (f) Ten Lakes/Cabinet/Yaak corridor Certain Federal land comprising approximately 310,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Kootenai National Forest, is designated as Ten Lakes/Cabinet/Yaak Corridor and shall be subject to the special corridor management requirements under section 203. (g) Cabinet/Yaak/Great Burn Complex corridor Certain Federal land comprising approximately 205,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Idaho Panhandle, Lolo, or Kootenai National Forest is designated as Cabinet/Yaak/Great Burn Complex Corridor and shall be subject to the special corridor management requirements under section 203. (h) Cabinet/Yaak/Selkirk corridor Certain Federal land comprising approximately 96,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, and administered by the Idaho Panhandle, Kootenai, or Colville National Forest is designated as Cabinet/Yaak/Selkirk Biological Connecting Corridor and shall be subject to the special corridor management requirements under section 203. (i) Cabinet/Yaak/Canada corridor Certain Federal land comprising approximately 41,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Idaho Panhandle or Kootenai National Forest is designated as Cabinet/Yaak/Canada Biological Connecting Corridor and shall be subject to the special corridor management requirements under section 203. (j) Anaconda-Pintlar/BitterrootMountains corridor Certain Federal land comprising approximately 147,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Beaverhead-Deerlodge National Forest and land administered by the Dillon Field Office of the Bureau of Land Management is designated as Anaconda-Pintler/Bitterroot Mountains Corridor and shall be subject to the special corridor management requirements under section 203. (k) Frank Church/Greater Yellowstone corridor Certain Federal land comprising approximately 642,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Beaverhead-Deerlodge, Bitterroot, Caribou-Targhee, or Salmon-Challis National Forest and land administered by the Dillon or Salmon Field Office of the Bureau of Land Management is designated as Frank Church/Greater Yellowstone Corridor and shall be subject to the special corridor management requirements under section 203. (l) French Creek/Hells Canyon corridor Certain Federal land comprising approximately 3,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Nez Perce-Clearwater National Forests or Payette National Forest and land administered by the Cottonwood Field Office of the Bureau of Land Management is designated as French Creek/Hells Canyon Corridor and shall be subject to the special corridor management requirements under section 203. (m) Lemhi Mountains corridor Certain Federal land comprising approximately 88,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Caribou-Targhee or Salmon-Challis National Forest and land administered by the Upper Snake or Challis Field Office of the Bureau of Land Management is designated as Lemhi Mountains Corridor and shall be subject to the special corridor management requirements under section 203. (n) Lost River Range corridor Certain Federal land comprising approximately 64,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Salmon-Challis National Forest and land administered by the Upper Snake or Challis Field Office of the Bureau of Land Management is designated as Lost River Range Corridor and shall be subject to the special corridor management requirements under section 203. (o) Frank Church Complex/Lemhi Range corridor Certain Federal land comprising approximately 3,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Salmon-Challis National Forest and land administered by the Challis Field Office of the Bureau of Land Management is designated as Frank Church Complex/Lemhi Range Corridor and shall be subject to the special corridor management requirements under section 203. (p) Boulder/WhiteClouds/Lost River Range corridor Certain Federal land comprising approximately 88,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Salmon-Challis National Forest and land administered by the Upper Snake or Challis Field Office of the Bureau of Land Management is designated as Boulder/White Clouds/Lost River Range Corridor and shall be subject to the special corridor management requirements under section 203. (q) Bitterroot/Lemhi corridor Certain Federal land comprising approximately 20,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Salmon-Challis National Forest and land administered by the Challis Field Office of the Bureau of Land Management is designated as Frank Church Complex/Lemhi Range Corridor and shall be subject to the special corridor management requirements under section 203. (r) Greater Glacier/Greater Yellowstone corridor Certain Federal land comprising approximately 542,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Custer Gallatin, Helena, or Lewis and Clark National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management is designated as Greater Glacier/Greater Yellowstone Corridor and shall be subject to the special corridor management requirements under section 203. (s) Mt. Leidy Highlands/Wind River Range corridors Certain Federal land comprising approximately 69,000 acres, as generally depicted on the map entitled Northern Rockies Ecosystem Protection Act and dated April 28, 2016, within the Bridger-Teton or Shoshone National Forest and land administered by the Lewistown Field Office of the Bureau of Land Management is designated as Mt. Leidy Highlands/Wind River Range Corridor and shall be subject to the special corridor management requirements under section 203. 203. Treatment of biological connecting corridors (a) In general Those portions of the biological connecting corridors designated by section 202 are designated as special corridor management areas and shall be managed according to the Multiple-Use Sustained-Yield Act of 1960 ( 16 U.S.C. 528 et seq.) and other applicable laws and in accordance with subsection (b). (b) Requirements (1) Silvicultural management and timber harvesting The practice of even-aged silvicultural management and timber harvesting is prohibited within the special corridor management areas. (2) Mining, oil, gas, and roads Subject to valid existing rights, mining, oil, and gas exploration and development and new road construction or reconstruction is prohibited within the special corridor management areas. (3) Road density (A) In general The Federal land management agency responsible for the administration of a special corridor management area or portion of a special corridor management area shall act immediately to ensure that road densities within the biological connecting corridor approach, to the maximum extent practicable, zero miles of road per square mile of land area. (B) Limitation The road density described in subparagraph (A) shall not exceed 0.25 miles per square mile, using the method known as the moving window method. 204. Applicability of title (a) Federal land management agencies This title shall apply only to National Forest System land and land under the jurisdiction of the Bureau of Land Management and the United States Fish and Wildlife Service. (b) Private land and landowners (1) In general No private land is affected by this title and no private landowner whose land is adjacent to the designated biological connecting corridors shall be compelled, under any circumstances, to comply with this title. (2) Cooperative agreements A private landowner may enter into a cooperative agreement with the Federal Government on a willing participant or willing seller basis to include the land of the private landowner in a biological connecting corridor designated by this title. 205. Cooperative agreements and land trades and acquisitions (a) Cooperative agreements The Secretary of the Interior and the Secretary of Agriculture shall seek to enter into cooperative agreements with private, State, and corporate landowners and sovereign Indian Tribes the land of which is adjacent to one or more biological connecting corridors designated under this title, if those agreements would benefit the ecological integrity and function of the designated corridors. (b) Land trades and acquisitions The Secretary of Agriculture and the Secretary of the Interior may undertake land trades or acquisitions to carry out the purposes of this title if the Secretary concerned considers the action to be appropriate. (c) Report As part of the report required by section 501, the Secretary of Agriculture and the Secretary of the Interior shall describe the progress of cooperative agreements, acquisitions, and proposed land exchanges sought pursuant to this section. 206. Exemption of certain roads and highways (a) Exemption (1) In general The roads and highways described in subsection (b) are expressly exempted from this title. (2) Additional roads If the Secretary determines that any Federal, State, county, or private road has been mistakenly omitted from the list in subsection (b), the Secretary may exempt the road from this title, if the Secretary determines that the exemption is necessary to carry out the purposes of this title. (b) Description The roads and highways referred to in subsection (a) are the following: (1) United States Highways 2, 10, 12, 20, 89, 91, 93, 95, and 287. (2) Interstate Highways 15 and 90. (3) Idaho State Highways 3, 28, 29, and 87. (4) Montana State Highways 2, 37, 38, 41, 43, 56, 58, 83, 87, 135, 200, 278, 287, 293, 294, 298, and 324. (5) Montana Secondary Roads 92, 278, 279, 294, 298, 324, 411, and 508. (6) The Thompson Pass Road, Montana-Idaho. (7) The Moyie Springs to East Port Road, Idaho. (8) The Red Rock Pass Road, Montana. (9) Boundary County, Idaho, Routes 3, 18, 34, and 47. (10) Lolo National Forest Route 102. (11) Gallatin National Forest Route 259. (12) Kelly Canyon and Middle Fork Canyon Roads, Gallatin National Forest. (13) Lewis and Clark County, Montana, Roads 4, 164, 280, 287, and 291. (14) The Beaverhead-Deerlodge to Basin Road, Montana. (15) The Marysville to Avon Road, Montana. (16) The Pahsimeroi Road, Butte County, Idaho. III Wild and scenic rivers designations 301. Designation of wild and scenic rivers in Idaho, Montana, and Wyoming Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (231) South Fork Payette, Idaho The segment within the Boise and Sawtooth National Forests from the Sawtooth Wilderness Boundary downstream approximately 54 miles to confluence with the Middle Fork and then downstream on the main stem to the confluence with the North Fork, as generally depicted on the boundary map entitled South Fork Payette Wild River and dated January 2003, to be administered by the Secretary of Agriculture. (232) Middle Fork Payette, Idaho The segment within the Boise National Forest from Railroad Pass downstream approximately 33 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (233) Deadwood, Idaho The segment within the Boise National Forest from Threemile Creek downstream approximately 22 miles to the South Fork of the Payette, to be administered by the Secretary of Agriculture. (234) Upper Priest, Idaho The segment within the Panhandle National Forest from the Canadian border downstream approximately 19 miles to Upper Priest Lake, to be administered by the Secretary of Agriculture. (235) Coeur D’Alene, Idaho The segment within the Panhandle National Forest from the headwaters downstream approximately 58 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (236) Littlenorthforkclearwater, Idaho The segment within the Idaho Panhandle National Forest and the Nez Perce-Clearwater National Forests from the headwaters downstream approximately 37 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (237) Kelly creek, idaho The segment within the Nez Perce-Clearwater National Forests from its headwaters downstream approximately 31 miles to the North Fork of the Clearwater River, to be administered by the Secretary of Agriculture. (238) Cayuse creek, idaho The segment within the Nez Perce-Clearwater National Forests from its headwaters downstream approximately 39 miles to the confluence of Kelly Creek, to be administered by the Secretary of Agriculture. (239) Bargamin creek, idaho The segment within the Nez Perce-Clearwater National Forests comprising approximately 21 miles, to be administered by the Secretary of Agriculture. (240) Lake creek, idaho The segment within the Nez Perce-Clearwater National Forests from the wilderness boundary downstream approximately 10 miles to Crooked Creek, to be administered by the Secretary of Agriculture. (241) Meadow creek, idaho The segment within the Nez Perce-Clearwater National Forests from its headwaters downstream approximately 34 miles to its confluence with the Selway River, to be administered by the Secretary of Agriculture. (242) Running creek, idaho The segment within the Nez Perce-Clearwater National Forests comprising approximately 20 miles, to be administered by the Secretary of Agriculture. (243) Salmon, idaho (A) Vinegar creek The segment within the Nez Perce-Clearwater National Forests and Payette National Forest from Vinegar Creek downstream approximately 25 miles to the Little Salmon River, to be administered by the Secretary of Agriculture. (B) Salmon The segment on public lands managed by the Bureau of Land Management from Hammer Creek downstream approximately 45 miles to the confluence with the Snake River, to be administered by the Secretary of the Interior. (C) Salmon The segment on public lands within the Sawtooth National Recreation Area from its headwaters downstream approximately 60 miles to the recreation area boundary, to be administered by the Secretary of Agriculture. (244) East fork salmon, idaho The segment within the Sawtooth National Recreation Area from the headwaters downstream approximately 42 miles to the recreation area boundary, to be administered by the Secretary of Agriculture. (245) North fork clearwater, idaho The segment within the Nez Perce-Clearwater National Forests from the headwaters downstream to the Dworkshak Reservoir, to be administered by the Secretary of Agriculture. (246) North fork coeur d’alene, idaho The segment within the Panhandle National Forest from its headwaters south of Honey Mountain downstream to its confluence with the Coeur d’Alene River to be administered by the Secretary of Agriculture. (247) Pack, idaho The segment within the Panhandle National Forest from Harrison Lake downstream approximately 14 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (248) Henry’s fork, idaho The segment within the Caribou-Targhee National Forest from Big Springs downstream to the national forest boundary, except for Island Park Reservoir, to be administered by the Secretary of Agriculture. (249) Falls river, idaho The segment within the Caribou-Targhee National Forest from Yellowstone National Park downstream approximately 13 miles to the National Forest Boundary, to be administered by the Secretary of Agriculture as a wild river. (250) Lochsa river watershed, idaho The segment within the Nez Perce-Clearwater National Forests of the Lochsa River from the confluence of Colt Killed Creek and Crooked Fork downstream approximately 2 miles to the beginning of the Lochsa Recreational River, to be administered by the Secretary of Agriculture. (251) Colt killed creek, idaho The segment within the Nez Perce-Clearwater National Forests from its headwaters at Big Sand Lake downstream approximately 23 miles to its confluence with Crooked Fork, to be administered by the Secretary of Agriculture. (252) Moose creek complex, idaho The main segment, including the North Fork segment, the East Fork segment, the West Moose segment, and the Rhoda Creek segment comprising approximately 86 miles within the Nez Perce-Clearwater National Forests, to be administered by the Secretary of Agriculture. (253) Bear creek complex, idaho The Bear Creek segment, the Club Creek segment, the Paradise Creek segment, the Brushy Fork Creek segment, and the Wahoo Creek segment comprising approximately 70 miles within the Nez Perce-Clearwater National Forests, to be administered by the Secretary of Agriculture. (254) Three links creek complex, idaho The Three Links Creek segment and the West Fork Three Links Creek segment comprising approximately 23 miles within the Nez Perce-Clearwater National Forests, to be administered by the Secretary of Agriculture. (255) Gedney creek, idaho The segment within the Nez Perce-Clearwater National Forests from its headwaters downstream approximately 14.5 miles to the confluence the Selway River, to be administered by the Secretary of Agriculture. (256) South fork clearwater, idaho The segment within the Nez Perce-Clearwater National Forests from the confluence of the Red and American Rivers downstream to the national forest boundary comprising approximately 40 miles, to be administered by the Secretary of Agriculture. (257) Johns creek, idaho The segment within the Nez Perce-Clearwater National Forests from the headwaters downstream to its confluence with the South Fork Clearwater, to be administered by the Secretary of Agriculture. (258) Slate creek, idaho The segment within the Nez Perce-Clearwater National Forests from the headwaters downstream the source approximately 15 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (259) South fork two medicine river, montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 10 miles to the Sawmill Flat Trailhead, to be administered by the Secretary of Agriculture. (260) Badgercreek,including thesouth and north forks, Montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 24 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (261) Dearborn, montana The segment within the Lewis and Clark National Forest downstream approximately 19 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (262) North fork birch creek, montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 7 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (263) South fork sun, montana The segment within the Lewis and Clark National Forest from its headwaters at Sun Lake downstream approximately 26 miles to its confluence with the North Fork, to be administered by the Secretary of Agriculture. (264) North fork sun, montana The segment within the Lewis and Clark National Forest from the confluence of Open Creek and Fool Creek downstream approximately 27 miles, to be administered by the Secretary of Agriculture. (265) Tenderfoot creek, montana The segment within the Lewis and Clark National Forest from the top of Tenderfoot Creek Falls downstream approximately 5 miles to the Smith River, to be administered by the Secretary of Agriculture. (266) Green fork straight creek, montana The segment within the Lewis and Clark National Forest from its headwaters downstream approximately 5 miles to Straight Creek, to be administered by the Secretary of Agriculture. (267) Yaak river, montana The segment within the Kootenai National Forest from the Yaak Falls downstream 46 miles to the mouth of the Yaak River at the junction of the Kootenai River, to be administered by the Secretary of Agriculture. (268) Kootenai river, montana The segment within the Kootenai National Forest from the junction of the Fisher River downstream approximately 46 miles to the State line, to be administered by the Secretary of Agriculture. (269) Bull river, montana The segment within the Kootenai National Forest from the junction of the North and South Forks downstream 21 miles to the Cabinet Gorge Reservoir, to be administered by the Secretary of Agriculture. (270) Vermillion river, montana The segment within the Kootenai National Forest from the junction of Willow Creek, downstream 12 miles to the Noxon Reservoir, to be administered by the Secretary of Agriculture. (271) West fork madison, montana The segment within the Beaverhead-Deerlodge National Forest from approximately the midpoint of T. 12 S., R. 2 W., sec. 28, downstream approximately 21 miles to the West Fork Rest Area, to be administered by the Secretary of Agriculture. (272) Elk river, montana The segment within the Beaverhead-Deerlodge National Forest in the southeast corner of T. 11 S., R. 2 W., sec. 16, downstream approximately 17 miles to the confluence with the West Fork of the Madison River, to be administered by the Secretary of Agriculture. (273) Browns creek, montana The segment within the Beaverhead-Deerlodge National Forest from the west central part of T. 8 S., R. 14 W., sec. 1, downstream approximately 4 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (274) Canyon creek, montana The segment within the Beaverhead-Deerlodge National Forest from Canyon Lake downstream approximately 4 miles to the end of USFS road 7401, to be administered by the Secretary of Agriculture. (275) Deadman creek, montana The segment within the Beaverhead-Deerlodge National Forest from its headwaters source downstream approximately 10 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (276) Smith river, montana The segment within the Lewis and Clark National Forest from Tenderfoot Creek downstream approximately 12 miles to Deep Creek, to be administered by the Secretary of Agriculture. (277) Middle fork judith river, montana The segment within the Lewis and Clark National Forest from Arch Coulee Junction downstream approximately 5 miles to the national forest boundary, to be administered by the Secretary of Agriculture. (278) Rock creek watershed, montana The segments within the Lolo and Beaverhead-Deerlodge National Forests including the main fork of Rock Creek, the West Fork of Rock Creek, the East Fork of Rock Creek, the Ross Fork of Rock Creek, the Middle Fork of Rock Creek, the Carpp Creek segment, the Copper Creek segment, the Ranch Creek segment, the Welcome Creek segment, the Alder Creek segment, the Hogback Creek segment, the Wyman Gulch segment, the Stony Creek segment, the West Fork segment, and the Ross Fork segment comprising approximately 134 miles, to be administered by the Secretary of Agriculture. (279) Salt river, wyoming The segment within the Bridger-Teton National Forest from the headwaters downstream approximately 12 miles to forest road 10072, to be administered by the Secretary of Agriculture. (280) Swift creek, wyoming The segment within the Bridger-Teton National Forest from the source downstream approximately 8 miles to Periodic Spring, to be administered by the Secretary of Agriculture. (281) Hoback river, wyoming The segment within the Bridger-Teton National Forest from the source downstream approximately 10 miles to the end of forest road 30710, to be administered by the Secretary of Agriculture. (282) Thorofare, wyoming The segment of the main stem within the Bridger-Teton National Forest from the headwaters downstream approximately 25 miles to the confluence with the Yellowstone River, and the headwaters of Open Creek downstream 10 miles to the confluence with the main stem, to be administered by the Secretary of Agriculture. (283) Atlantic creek, wyoming The segment within the Bridger-Teton National Forest from the Parting of the Waters downstream approximately 10 miles to the confluence with the Yellowstone River, to be administered by the Secretary of Agriculture. (284) Yellowstone, wyoming The segment within the Bridger-Teton National Forest from the headwater downstream approximately 28 miles to the boundary of Yellowstone National Park, to be administered by the Secretary of Agriculture. (285) Yellowstone river, Wyoming and montana The segment within the Custer Gallatin National Forest and Yellowstone National Park from the southern boundary of Yellowstone National Park downstream approximately 102 miles to the mouth of Yankee Jim Canyon, to be administered by the Secretaries of the Interior and Agriculture. . IV Wildland restoration and recovery 401. Definitions In this title: (1) Recovery The term recovery , with respect to any land damaged by a land management activity, means the restoration of— (A) the natural, untrammeled condition of the land; or (B) the undeveloped, roadless character of the land. (2) Recovery area The term recovery area means any area designated as a wildland recovery area by section 402(a). (3) Secretary The term Secretary means the Secretary of Agriculture. 402. Restoration and recovery (a) Designation of recovery areas Except as provided in subsection (b), the following areas, consisting of a total of approximately 1,023,000 acres, as depicted on the map dated April 28, 2016, and entitled Northern Rockies Ecosystem Protection Act , are designated as wildland recovery areas: (1) Skyland area, consisting of approximately 10,000 acres administered by the Flathead National Forest. (2) Hungry Horse area (except Hungry Horse Dam and Reservoir), consisting of approximately 205,000 acres administered by the Flathead National Forest. (3) Lolo Creek area, consisting of approximately 59,000 acres administered by the Lolo or Clearwater National Forest. (4) Yellowstone West area, consisting of approximately 164,000 acres administered by the Caribou-Targhee National Forest. (5) Mt. Leidy area, consisting of approximately 70,000 acres administered by the Bridger-Teton National Forest. (6) Cabinet/Yaak area, consisting of approximately 100,000 acres administered by the Kootenai National Forest. (7) Lightning Creek area, consisting of approximately 31,000 acres administered by the Panhandle National Forest. (8) Coeur d’Alene River area, consisting of approximately 372,000 acres administered by the Panhandle National Forest. (9) Magruder Corridor area, consisting of approximately 12,000 acres administered by the Nez Perce or Bitterroot National Forest. (b) Exemptions Subject to subsection (c), the following roads, highways, and facilities are exempted from this title: (1) Any road that is— (A) (i) a private road; or (ii) owned by the Federal Government, a State government, or a unit of local government (including any National Forest System road); and (B) used to access an existing, authorized use. (2) Any facility, such as a developed campground, ranger station, or other facility, that is determined to be essential by the Chief of the Forest Service. (c) Requirement Notwithstanding subsection (b), in accordance with the plans developed under section 403, the Secretary— (1) shall recover and restore the portion of the Magruder Corridor between Magruder Crossing and Dry Saddle; and (2) may recover and restore any National Forest System road or Forest Service development or facility located in a recovery area. 403. Management (a) Restoration requirements (1) In general The land located within a recovery area shall be managed in a manner that, to the maximum extent practicable— (A) restores the native vegetative cover of the land; (B) reduces or eliminates invasive nonnative species; (C) facilitates native species diversity, subject to the conditions imposed by climate change; (D) stabilizes slopes and soils to prevent or reduce further erosion; (E) recontours slopes to their original contours; (F) removes barriers to natural fish spawning runs; and (G) generally restores the land to a natural roadless and wild condition. (2) Water quality In the management of a recovery area, special consideration shall be given to restoration of water quality. (b) Recovery plans (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a wildland recovery plan for each recovery area. (2) Inclusions Each recovery plan under paragraph (1) shall include a description of the projects, activities, and funding required to achieve compliance with the requirements of this section. (c) Evaluation The Secretary shall use measurable criteria to evaluate the success of recovery actions carried out pursuant to this section. V Implementation and monitoring 501. Implementation report Not later than 3 years after the date of enactment of this Act, the Secretaries concerned shall jointly submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that— (1) is prepared by a panel of independent scientists, to be appointed by the National Academy of Sciences, in consultation with the Society for Conservation Biology; and (2) describes— (A) the implementation of this Act during the preceding 3-year period; and (B) any additional projects, activities, and funding required to achieve the purposes of this Act. 502. Interagency team (a) Establishment The Secretaries concerned shall jointly establish an interagency team, containing an equal number of participants from the public and private sectors, to monitor, evaluate, and make recommendations to ensure achievement of the long-term results required by this Act. (b) Geographic information system (1) Development (A) In general The interagency team established under subsection (a) shall develop a geographic information system for monitoring the Northern Rockies Bioregion. (B) Requirement The geographic information system under subparagraph (A) shall— (i) be based on satellite-gathered data; and (ii) include comprehensive maps and databases to assist in the detection of changes in the Northern Rockies Bioregion. (2) Types of information The maps and databases included in the geographic information system under paragraph (1) shall be updated periodically to record the following: (A) Vegetation cover (including a description of species occurrence and densities). (B) Human impacts. (C) Water and air quality. (D) Activities that impact forest husbandry and restoration. (3) Status reports The geographic information system under paragraph (1) shall include status reports regarding— (A) the progress of relevant ecosystem protection, corridor consolidation, and forest recovery efforts; and (B) relevant threatened and endangered species, which are primary indicators of ecosystem health. (c) Wildlife movements (1) In general The interagency team established under subsection (a) shall assess the potential for facilitating wildlife movement across or under major highways and rail lines within the biological corridors established under title II. (2) Requirement The assessment under paragraph (1) shall include an identification of major crossing points and practicable management actions to enhance the suitability of the crossing points as movement corridors, including underpasses, overpasses, and other methods for reducing the danger to native wildlife while facilitating movements within the Northern Rockies Bioregion. 503. Roadless land evaluation (a) Definition of roadless land In this section, the term roadless land means land that is— (1) greater than 1,000 acres in area; (2) located within the National Forest System in the Wild Rockies Bioregion in the State of Idaho, Montana, Oregon, Washington, or Wyoming; and (3) not designated as a component of the National Wilderness Preservation System under this Act or any other provision of law. (b) Evaluation (1) In general The panel of independent scientists described in section 501(1) shall— (A) subject to paragraph (2), identify and evaluate roadless land; (B) study the role of roadless land— (i) in maintaining biological diversity in the Northern Rockies; and (ii) as part of the overall Forest Reserve System; and (C) include in the report under section 501 recommendations regarding the management of roadless land. (2) Sources of information In identifying and evaluating roadless land under paragraph (1)(A), the panel shall use, in addition to other information sources, existing satellite information and geographic information system data developed by— (A) the Forest Service; (B) the Bureau of Land Management; and (C) the United States Fish and Wildlife Service. (c) Prohibition Effective beginning on the date of completion of the evaluation under subsection (b), there is prohibited on roadless land— (1) any construction or reconstruction of a new or existing road; (2) any timber harvesting (except firewood gathering); and (3) subject to valid existing rights, any oil or gas leasing, mining, or other development that impairs the natural and roadless qualities of roadless land. VI Effect of Act on Indian Tribes 601. Rights of Indian Tribes Nothing in this Act affects or modifies any treaty or other right of an Indian Tribe. 602. Federal trust responsibility Nothing in this Act amends, alters, or gives priority over the Federal trust responsibility to Indian Tribes. 603. Exemption from Freedom of Information Act If a Federal department or agency receives any information relating to a sacred site or cultural activity identified by an Indian Tribe as confidential, the information shall be exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). 604. Application of Indian Self-Determination and Education Assistance Act The Secretary of the Interior may apply the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.) as the Secretary determines to be appropriate in carrying out this Act. 605. Tribal use of protected areas (a) Definition of protected area In this section, the term protected area means land designated under this Act as— (1) a wilderness area; (2) a recovery area; (3) a wild or scenic river; or (4) a biological corridor. (b) Access to protected areas (1) In general In recognition of the past use of portions of protected areas by Indians for traditional cultural and religious purposes, the Secretaries concerned shall ensure nonexclusive access by Indians to any applicable protected area for such a traditional cultural or religious purpose. (2) Consistency with applicable law The access under paragraph (1) shall be consistent with the purposes and intent of— (A) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 ); and (B) in the case of any protected area designated as wilderness under this Act, the Wilderness Act ( 16 U.S.C. 1131 et seq.). (3) Closing to public The Secretaries concerned, in accordance with the provisions of law referred to in paragraph (2) and on receipt of a request from an Indian Tribe, from time to time may temporarily close to the general public one or more specific portions of a protected area to protect the privacy of a religious activity or cultural use by an Indian. (4) Recommendations from Indian Tribes In preparing a management plan for a protected area, the Secretaries concerned shall request that the head of each applicable Tribal government submit to the Secretaries concerned recommendations with respect to— (A) ensuring access by Indians to important sites; (B) enhancing the privacy of Indian traditional cultural and religious activities; and (C) protecting Indian cultural and religious sites. VII Effect of Act on water rights 701. Water rights Nothing in this Act relinquishes or reduces any water right reserved, appropriated, or otherwise secured by the United States in the State of Idaho, Montana, Oregon, Washington, or Wyoming on or before the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1276is/xml/BILLS-117s1276is.xml |
117-s-1277 | II 117th CONGRESS 1st Session S. 1277 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Blumenthal (for himself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to update the Lethal Means Safety and Suicide Prevention training course of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Lethal Means Safety Training Act . 2. Suicide risk management and prevention and lethal means training (a) In general (1) Initial update Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with individuals and entities described in subsection (c), shall update the Lethal Means Safety and Suicide Prevention training course of the Department of Veterans Affairs to ensure that it is culturally appropriate and uses best practices identified by appropriate subject matter experts. (2) Subsequent updates Not less frequently than once each year, the Secretary shall update the training course described in paragraph (1) as appropriate, taking into consideration best practices, and publish a report on the internet website of the Department that includes the percentage of individuals in each category described in paragraphs (2), (3), and (4) of subsection (b) who completed such training during the year covered by the report. (b) Training (1) In general The Secretary shall require each employee described in paragraph (2) to take the most recently updated version of the training course described in subsection (a)(1)— (A) not later than 90 days after the date such employee is initially hired by the Department; and (B) at least once every year thereafter. (2) Covered employee An employee described in this paragraph is any of the following: (A) An employee of the Veterans Health Administration or Veterans Benefits Administration who regularly interacts with veterans in the course of performing the responsibilities of the employee. (B) A compensation and pension examiner, including an employee of a contractor of the Department who performs compensation and pension examinations. (C) An employee of a Vet Center or vocational rehabilitation facility. (3) Community care providers As a condition of furnishing care through a non-Department provider under section 1703 of title 38, United States Code, the Secretary shall require any employee of such provider who provides such care to take the most recently updated version of the training course described in subsection (a)(1)— (A) not later than 90 days after the date on which the Secretary first agrees to furnish any such care through such provider; and (B) at least once every year thereafter. (4) Caregivers As a condition of providing support to a caregiver under section 1720G of title 38, United States Code, the Secretary shall require the caregiver to take the most recently updated version of the training course described in subsection (a)— (A) not later than 90 days after the date on which the caregiver first receives support under such section; and (B) at least once every year thereafter. (c) Individuals and entities described The individuals and entities described in this subsection are the following: (1) The Secretary of Health and Human Services, in consultation with the Director of the National Institute of Mental Health, the Administrator of the Substance Abuse and Mental Health Services Administration, and the heads of such other Federal agencies as the Secretary of Veterans Affairs considers appropriate. (2) Experts in the assessment, treatment, and management of individuals at risk for suicide. (3) Such professional associations as the Secretary of Veterans Affairs considers appropriate. (4) Federal firearms license dealers and instructors. (5) Experts in lethal means safety counseling practice and education. (6) Mental Illness Research, Education, and Clinical Centers of the Department of Veterans Affairs. (7) Veterans service organizations. (d) Public availability The Secretary shall make the training course described in subsection (a) publicly available on an internet website of the Department. (e) Definitions In this section: (1) Vet center The term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code. (2) Veterans service organization The term veterans service organization means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1277is/xml/BILLS-117s1277is.xml |
117-s-1278 | II 117th CONGRESS 1st Session S. 1278 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Cruz (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Committee on Foreign Investment in the United States to review any purchase or lease of real estate near a military installation or military airspace in the United States by a foreign person connected to or subsidized by the Russian Federation, the People's Republic of China, the Islamic Republic of Iran, or the Democratic People's Republic of Korea, and for other purposes.
1. Short title This Act may be cited as the Protecting Military Installations and Ranges Act of 2021 . 2. Review by Committee on Foreign Investment in the United States of real estate purchases or leases near military installations or military airspace (a) Inclusion in definition of covered transaction Section 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (iii) any transaction described in subparagraph (B)(vi) that is proposed, pending, or completed on or after the date of the enactment of the Protecting Military Installations and Ranges Act of 2021 . ; and (2) in subparagraph (B), by adding at the end the following: (vi) Notwithstanding clause (ii) or subparagraph (C), the purchase or lease by, or a concession to, a foreign person of private or public real estate— (I) that is located in the United States and within— (aa) 100 miles of a military installation (as defined in section 2801(c)(4) of title 10, United States Code); or (bb) 50 miles of— (AA) a military training route (as defined in section 183a(h) of title 10, United States Code); (BB) airspace designated as special use airspace under part 73 of title 14, Code of Federal Regulations (or a successor regulation), and managed by the Department of Defense; (CC) a controlled firing area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)) used by the Department of Defense; or (DD) a military operations area (as defined in section 1.1 of title 14, Code of Federal Regulations (or a successor regulation)); and (II) if the foreign person is owned or controlled by, is acting for or on behalf of, or receives subsidies from— (aa) the Government of the Russian Federation; (bb) the Government of the People's Republic of China; (cc) the Government of the Islamic Republic of Iran; or (dd) the Government of the Democratic People's Republic of Korea. . (b) Mandatory unilateral initiation of reviews Section 721(b)(1)(D) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(1)(D) ) is amended— (1) in clause (iii), by redesignating subclauses (I), (II), and (III) as items (aa), (bb), and (cc), respectively, and by moving such items, as so redesignated, 2 ems to the right; (2) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and by moving such subclauses, as so redesignated, 2 ems to the right; and (3) by striking Subject to and inserting the following: (i) In general Subject to ; and (4) by adding at the end the following: (ii) Mandatory unilateral initiation of certain transactions The Committee shall initiate a review under subparagraph (A) of a covered transaction described in subsection (a)(4)(B)(vi). . (c) Certifications to Congress Section 721(b)(3)(C)(iii) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(b)(3)(C)(iii) ) is amended— (1) in subclause (IV), by striking ; and and inserting a semicolon; (2) in subclause (V), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (VI) with respect to covered transactions described in subsection (a)(4)(B)(vi), to the members of the Senate from the State in which the military installation, military training route, special use airspace, controlled firing area, or military operations area is located, and the member from the Congressional District in which such installation, route, airspace, or area is located. . 3. Limitation on approval of energy projects related to reviews conducted by Committee on Foreign Investment in the United States (a) Review by Secretary of Defense Section 183a of title 10, United States Code, is amended— (1) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (e) the following new subsection (f): (f) Special rule relating To review by Committee on Foreign Investment of the United States (1) If, during the period during which the Department of Defense is reviewing an application for an energy project filed with the Secretary of Transportation under section 44718 of title 49, the purchase, lease, or concession of real property on which the project is planned to be located is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ), the Secretary of Defense— (A) may not complete review of the project until the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and (B) shall notify the Secretary of Transportation of the delay. (2) If the Committee on Foreign Investment in the United States determines that the purchase, lease, or concession of real property on which an energy project described in paragraph (1) is planned to be located threatens to impair the national security of the United States and refers the purchase, lease, or concession to the President for further action under section 721(d) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(d) ), the Secretary of Defense shall— (A) find under subsection (e)(1) that the project would result in an unacceptable risk to the national security of the United States; and (B) transmit that finding to the Secretary of Transportation for inclusion in the report required under section 44718(b)(2) of title 49. . (b) Review by Secretary of Transportation Section 44718 of title 49, United States Code, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following new subsection: (h) Special rule relating To review by Committee on Foreign Investment of the United States The Secretary of Transportation may not issue a determination pursuant to this section with respect to a proposed structure to be located on real property the purchase, lease, or concession of which is under review or investigation by the Committee on Foreign Investment in the United States under section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 ) until— (1) the Committee concludes action under such section 721 with respect to the purchase, lease, or concession; and (2) the Secretary of Defense— (A) issues a finding under section 183a(e) of title 10; or (B) advises the Secretary of Transportation that no finding under section 183a(e) of title 10 will be forthcoming. . | https://www.govinfo.gov/content/pkg/BILLS-117s1278is/xml/BILLS-117s1278is.xml |
117-s-1279 | II 117th CONGRESS 1st Session S. 1279 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Stabenow (for herself, Mr. Brown , Ms. Baldwin , Mr. Blumenthal , Mr. Cardin , Mr. Casey , Ms. Duckworth , Mr. Durbin , Mrs. Gillibrand , Ms. Klobuchar , Mr. Markey , Mr. Merkley , Mr. Peters , Mr. Reed , Mrs. Shaheen , Ms. Smith , Mr. Van Hollen , and Mr. Whitehouse ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for an option for any citizen or permanent resident of the United States age 50 to 64 to buy into Medicare.
1. Short title This Act may be cited as the Medicare at 50 Act . 2. Medicare buy-in option for individuals 50 to 64 years of age (a) In general Title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq.) is amended by adding at the end the following new section: 1899C. Medicare buy-in option for individuals 50 to 64 years of age (a) Option (1) In general Every individual who meets the requirements described in paragraph (3) shall be eligible to enroll under this section. (2) Part A, B, and D benefits and protections An individual enrolled under this section is entitled to the same benefits (and shall receive the same protections) under this title as an individual who is entitled to benefits under part A and enrolled under parts B and D, including the ability to enroll in a Medicare Advantage plan that provides qualified prescription drug coverage (an MA–PD plan) and including access to the Medicare Beneficiary Ombudsman under section 1808(c). (3) Requirements for eligibility The requirements described in this paragraph are the following: (A) Age The individual has attained 50 years of age, but has not attained 65 years of age. (B) Medicare eligibility (but for age) The individual is not otherwise entitled to benefits under part A or eligible to enroll under part A or part B but would be eligible for benefits under part A or part B if the individual were 65 years of age. (b) Enrollment and coverage periods (1) In general The Secretary shall establish enrollment and coverage periods for individuals who enroll under this section. (2) Coordination Such periods shall be established in coordination with the enrollment and coverage periods for plans offered under an Exchange established under title I of the Patient Protection and Affordable Care Act and plans under parts C and D. If the Secretary determines appropriate, the Secretary may expand such enrollment periods beyond the enrollment periods under such an Exchange or under parts C and D. (3) Beginning of coverage and special enrollment periods The Secretary shall establish such periods so that coverage under this section shall first begin on January 1 of the first year beginning at least one year after the date of the enactment of this section and shall include special enrollment periods, in accordance with section 155.420 of title 45 of the Code of Federal Regulations, that are applicable to qualified health plans offered through an Exchange. (c) Premium (1) Amount of monthly premiums The Secretary shall (beginning for the first year that begins more than 1 year after the date of the enactment of this section), during September of the preceding year, determine a monthly premium for all individuals enrolled under this section. Such monthly premium shall be equal to 1/12 of the annual premium computed under paragraph (2)(B), which shall apply with respect to coverage provided under this section for any month in the succeeding year. (2) Annual premium (A) Combined per capita average for all Medicare benefits The Secretary shall estimate the average, annual per capita amount for benefits and administrative expenses that will be payable under parts A, B, and D (including, as applicable, under part C) in the year for all individuals enrolled under this section. (B) Annual premium The annual premium under this subsection for months in a year is equal to the average, annual per capita amount estimated under subparagraph (A) for the year. (3) Increased premium for certain part C and D plans Nothing in this section shall preclude an individual from choosing a Medicare Advantage plan or a prescription drug plan that requires the individual to pay an additional amount (because of supplemental benefits or because it is a more expensive plan). In such case the individual would be responsible for the increased monthly premium. (d) Payment of premiums (1) In general Premiums for enrollment under this section shall be paid to the Secretary at such times, and in such manner, as the Secretary determines appropriate. (2) Deposit into Medicare Buy-In trust Fund Amounts collected by the Secretary under this section shall be deposited in the Medicare Buy-In Trust Fund established under paragraph (3). (3) Medicare Buy-In Trust Fund (A) In general There is hereby created on the books of the Treasury of the United States a trust fund to be known as the Medicare Buy-In Trust Fund (in this paragraph referred to as the Trust Fund ). The Trust Fund shall consist of such gifts and bequests as may be made as provided in section 201(i)(1) and such amounts as may be deposited in, or appropriated to, such fund as provided in this title. (B) Incorporation of Provisions Subsections (b) through (i) of section 1841 shall apply with respect to the Trust Fund and this title in the same manner as they apply with respect to the Federal Supplementary Medical Insurance Trust Fund and part B, respectively, except that in applying such section 1841, any reference in such section to this part shall be construed to be a reference to this section and any reference in section 1841(h) to section 1840(d) and in section 1841(i) to sections 1840(b)(1) and 1842(g) are deemed to be references to comparable authority exercised under this section. (e) Not eligible for Medicare cost-Sharing assistance An individual enrolled under this section shall not be treated as enrolled under any part of this title for purposes of obtaining medical assistance for Medicare cost-sharing or otherwise under title XIX. (f) Eligibility for financial assistance (1) In general Individuals enrolled in coverage under this section shall, from amounts transferred under paragraph (2), receive financial assistance for such coverage that is substantially similar to the assistance the individual would have received if the individual were enrolled in a qualified health plan through an Exchange. (2) Transfer of funds to medicare buy-in trust fund (A) In general The Secretary shall transfer to the Medicare Buy-In Trust Fund under subsection (d)(3) for each plan year the amount determined under paragraph (C) for such year. (B) Use of funds The amounts transferred to the Medicare Buy-In Trust Fund under subparagraph (A) shall only be used to reduce the premiums and cost-sharing for coverage under this section of individuals enrolled under such coverage who would be eligible for cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act and premium assistance under section 36B of the Internal Revenue Code of 1986 if such individual were enrolled in a qualified health plan. (C) Amount of transfer (i) In general The amount determined under this subparagraph for any plan year is the aggregate amount the Secretary determines is equal to 100 percent of the premium tax credits under section 36B of the Internal Revenue Code of 1986, and 100 percent of the cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, that would have been provided for the plan year to eligible individuals who meet specified income criteria and are enrolled for such plan year in coverage provided through enrollment under this section if such individuals were enrolled for such year in a qualified health plan through an Exchange. (ii) Specific requirements The Secretary shall make the determination under clause (i) on a per enrollee basis and shall take into account all relevant factors necessary to determine the value of the premium tax credits and cost-sharing reductions that would have been provided to eligible individuals described in section 1331 of the Patient Protection and Affordable Care Act, including the age and income of the enrollee, geographic differences in average spending for health care across rating areas, the health status of the enrollee for purposes of determining risk adjustment payments and reinsurance payments that would have been made if the enrollee had enrolled in a qualified health plan through an Exchange, and whether any reconciliation of the credit or cost-sharing reductions would have occurred if the enrollee had been so enrolled. This determination shall take into consideration the experience of other States with respect to participation in an Exchange and such credits and reductions provided to residents of the other States, with a special focus on enrollees with income below 200 percent of poverty. (D) Certification (i) In general The Chief Actuary of the Centers for Medicare & Medicaid Services, in consultation with the Office of Tax Analysis of the Department of the Treasury, shall certify whether the methodology used to make determinations under subparagraph (C), and such determinations, meet the requirements of this paragraph. (ii) Corrections The Secretary shall adjust the payment to the Trust Fund for any plan year to reflect any error in the determinations under subparagraph (C) for any preceding plan year. (iii) Application Coverage provided through enrollment under this part and parts B and D pursuant to this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange and the Secretary shall be treated as the issuer of such plan. (g) Treatment in relation to the Affordable Care Act (1) Satisfaction of individual mandate For purposes of applying section 5000A of the Internal Revenue Code of 1986, the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section 5000A. (2) Eligibility for premium assistance Coverage provided under this section— (A) shall be treated as coverage under a qualified health plan in the individual market enrolled in through the Exchange where the individual resides for all purposes of section 36B of the Internal Revenue Code of 1986 other than subsection (c)(2)(B) thereof; and (B) shall not be treated as eligibility for other minimum essential coverage for purposes of subsection (c)(2)(B) of such section 36B. The Secretary shall determine the applicable second lowest cost silver plan which shall apply to coverage under this section for purposes of determining the premium assistance amount under section 36B(b)(2) of such Code. Notwithstanding the preceding sentences, in determining the applicable second lowest cost silver plan with respect to any taxpayer under section 36B(b)(3)(B) of such Code, coverage provided under this section shall not be taken into account as a silver plan of the individual market. (3) Eligibility for cost-sharing reductions For purposes of applying section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 )— (A) coverage provided under this section shall be treated as coverage under a qualified health plan in the silver level of coverage in the individual market offered through an Exchange; and (B) the Secretary shall be treated as the issuer of such plan. (4) Medicaid managed care States are prohibited from buying their Medicaid beneficiaries ages 50 to 64 into Medicare under this section, and individuals otherwise eligible for enrollment under a State plan under title XIX are prohibited from coverage under this title pursuant to enrollment under this section. The preceding sentence shall not apply to Medicaid beneficiaries whose Medicaid coverage or eligibility does not meet the definition of minimum essential coverage under a government-sponsored program under section 1.5000A–2 of title 26, Code of Federal Regulations (or any successor regulation). (h) Guaranteed issue of Medigap policies upon first enrollment and each subsequent enrollment In the case of an individual who enrolls under this section (including an individual who was previously enrolled under this section), paragraphs (2)(A), (2)(D), (3)(B)(ii), and (3)(B)(vi) of section 1882(s)— (1) shall be applied by substituting 50 for 65 ; (2) if the individual was enrolled under this section and subsequently disenrolls, shall apply each time the individual subsequently reenrolls under this section as if the individual had attained 50 years of age on the date of such reenrollment (and as if the individual had never previously enrolled in a Medicare supplemental policy); and (3) shall be applied as if this section had not been enacted (and as if the individual had never previously enrolled in a Medicare supplemental policy) when the individual attains 65 years of age. (i) Oversight There is established an advisory committee to be known as the Medicare Buy In Oversight Board to monitor and oversee the implementation of this section, including the experience of the individuals enrolling under this section. The Medicare Buy In Oversight Board shall make periodic recommendations for the continual improvement of the implementation of this section as well as the relationship of enrollment under this section to other health care programs. (j) Outreach and enrollment (1) In general During the period that begins on January 1, 2022, and ends on December 31, 2024, the Secretary shall award grants to eligible entities for the following purposes: (A) Outreach and enrollment To carry out outreach, public education activities, and enrollment activities to raise awareness of the availability of, and encourage, enrollment under this section. (B) Assisting individuals' transition under this section To provide assistance to individuals to enroll under this section. (C) Raising awareness of premium assistance and cost-sharing reductions To distribute fair and impartial information concerning enrollment under this section and the availability of premium assistance tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 of the Patient Protection and Affordable Care Act, and to assist eligible individuals in applying for such tax credits and cost-sharing reductions. (2) Eligible entities (A) In general In this subsection, the term eligible entity means— (i) a State; or (ii) a nonprofit community-based organization. (B) Enrollment agents Such term includes a licensed independent insurance agent or broker that has an arrangement with a State or nonprofit community-based organization to enroll eligible individuals under this section. (C) Exclusions Such term does not include an entity that— (i) is a health insurance issuer; or (ii) receives any consideration, either directly or indirectly, from any health insurance issuer in connection with the enrollment of any individuals under this section. (3) Priority In awarding grants under this subsection, the Secretary shall give priority to awarding grants to States or eligible entities in States that have geographic rating areas at risk of having no qualified health plans in the individual market. (4) Funding For purposes of carrying out this subsection, there is appropriated to the Secretary, out of any moneys in the Treasury not otherwise appropriated, $500,000,000 for calendar year 2022 and for each subsequent calendar year. (k) No effect on benefits for individuals otherwise eligible or on Trust funds The Secretary shall implement the provisions of this section in such a manner to ensure that such provisions— (1) have no effect on the benefits under this title for individuals who are entitled to, or enrolled for, such benefits other than through this section; and (2) have no negative impact on the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund (including the Medicare Prescription Drug Account within such Trust Fund). (l) Consultation In promulgating regulations to implement this section, the Secretary shall consult with interested parties, including groups representing beneficiaries, health care providers, employers, and insurance companies. . 3. Authority to negotiate fair prices for Medicare prescription drugs (a) In general Section 1860D–11 of the Social Security Act ( 42 U.S.C. 1395w–111 ) is amended by striking subsection (i). (b) Effective date The amendment made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1279is/xml/BILLS-117s1279is.xml |
117-s-1280 | II 117th CONGRESS 1st Session S. 1280 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mrs. Murray (for herself, Ms. Duckworth , Mr. Durbin , Ms. Warren , Mr. Markey , Mr. Sanders , Mr. Blumenthal , Mr. Bennet , Mr. Coons , Mr. Wyden , Mr. Brown , Mrs. Shaheen , Mr. Warnock , Ms. Hassan , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve the reproductive assistance provided by the Department of Defense and the Department of Veterans Affairs to certain members of the Armed Forces, veterans, and their spouses or partners, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Veteran Families Health Services Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Reproductive and fertility preservation assistance for members of the Armed Forces Sec. 101. Definitions. Sec. 102. Provision of fertility treatment and counseling to certain members of the Armed Forces and spouses, partners, and gestational surrogates of such members. Sec. 103. Establishment of fertility preservation procedures after an injury or illness. Sec. 104. Cryopreservation and storage of gametes of members of the Armed Forces on active duty. Sec. 105. Assistance with and continuity of care regarding reproductive and fertility preservation services. Sec. 106. Coordination between Department of Defense and Department of Veterans Affairs on furnishing of fertility treatment and counseling. TITLE II—Reproductive and adoption assistance for veterans Sec. 201. Inclusion of fertility treatment and counseling under the definition of medical services in title 38. Sec. 202. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans. Sec. 203. Adoption assistance for certain veterans. Sec. 204. Assistance with and continuity of care regarding reproductive and fertility preservation services. Sec. 205. Facilitation of reproduction and infertility research. Sec. 206. Annual report on fertility treatment and counseling furnished by Department of Veterans Affairs. Sec. 207. Report on timeliness and adequacy of access by veterans to fertility treatment and counseling services furnished by Department of Veterans Affairs. Sec. 208. Regulations on furnishing of fertility treatment and counseling and adoption assistance by Department of Veterans Affairs. I Reproductive and fertility preservation assistance for members of the Armed Forces 101. Definitions In this title: (1) Active duty The term active duty has the meaning given that term in section 101(d)(1) of title 10, United States Code. (2) Armed Forces The term Armed Forces has the meaning given the term armed forces in section 101(a)(4) of such title. 102. Provision of fertility treatment and counseling to certain members of the Armed Forces and spouses, partners, and gestational surrogates of such members (a) Fertility treatment and counseling (1) In general The Secretary of Defense shall furnish fertility treatment and counseling, including through the use of assisted reproductive technology, to a covered member of the Armed Forces or a spouse, partner, or gestational surrogate of such a member. (2) Eligibility for treatment and counseling Fertility treatment and counseling shall be furnished under paragraph (1) without regard to the sex, gender identity, sexual orientation, or marital status of the covered member of the Armed Forces. (3) In vitro fertilization In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish not more than three completed cycles or six attempted cycles of in vitro fertilization, whichever occurs first, to an individual under such paragraph. (b) Procurement of gametes If a covered member of the Armed Forces is unable to provide their gametes for purposes of fertility treatment under subsection (a), the Secretary shall, at the election of such member, allow such member to receive such treatment with donated gametes and pay or reimburse such member the reasonable costs of procuring gametes from a donor. (c) Rule of construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a gestational surrogate for a covered member of the Armed Forces or to connect a gestational surrogate with such a member; or (2) to find or certify gametes from a donor for a covered member of the Armed Forces or to connect such a member with gametes from a donor. (d) Definitions In this section: (1) Assisted reproductive technology The term assisted reproductive technology includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate. (2) Covered member of the Armed Forces The term covered member of the Armed Forces means a member of the Armed Forces who has an infertility condition, unless the Secretary can show that the member was completely infertile before service on active duty in the Armed Forces. (3) Fertility treatment The term fertility treatment includes the following: (A) Procedures that use assisted reproductive technology. (B) Sperm retrieval. (C) Egg retrieval. (D) Artificial insemination. (E) Embryo transfer. (F) Such other treatments as the Secretary of Defense considers appropriate. (4) Infertility condition The term infertility condition includes— (A) a diagnosis of infertility; or (B) the inability to conceive or safely carry a pregnancy to term, including as a result of treatment for another condition. (5) Partner The term partner , with respect to a member of the Armed Forces, means an individual selected by the member who agrees to share with the member the parental responsibilities with respect to any child born as a result of the use of any fertility treatment under this section. 103. Establishment of fertility preservation procedures after an injury or illness (a) In general The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish procedures for the retrieval of gametes, as soon as medically appropriate, from a member of the Armed Forces in cases in which the fertility of such member is potentially jeopardized as a result of an injury or illness incurred or aggravated while serving on active duty in the Armed Forces in order to preserve the medical options of such member. (b) Consent for retrieval of gametes Gametes may be retrieved from a member of the Armed Forces under subsection (a) only— (1) with the specific consent of the member; or (2) if the member is unable to consent, if a medical professional determines that— (A) the future fertility of the member is potentially jeopardized as a result of an injury or illness described in subsection (a) or will be potentially jeopardized as a result of treating such injury or illness; (B) the member lacks the capacity to consent to the retrieval of gametes and is likely to regain such capacity; and (C) the retrieval of gametes under this section is in the medical interest of the member. (c) Consent for use of retrieved gametes Gametes retrieved from a member of the Armed Forces under subsection (a) may be used only— (1) with the specific consent of the member; or (2) if the member has lost the ability to consent permanently, as determined by a medical professional, as specified in an advance directive or testamentary instrument executed by the member. (d) Disposal of gametes In accordance with regulations prescribed by the Secretary for purpose of this subsection, the Secretary shall dispose of gametes retrieved from a member of the Armed Forces under subsection (a)— (1) with the specific consent of the member; or (2) if the member— (A) has lost the ability to consent permanently, as determined by a medical professional; and (B) has not specified the use of their gametes in an advance directive or testamentary instrument executed by the member. 104. Cryopreservation and storage of gametes of members of the Armed Forces on active duty (a) In general The Secretary of Defense shall provide members of the Armed Forces on active duty in the Armed Forces with the opportunity to cryopreserve and store their gametes prior to— (1) deployment to a combat zone; or (2) a duty assignment that includes a hazardous assignment, as determined by the Secretary. (b) Period of time (1) In general The Secretary shall provide for the cryopreservation and storage of gametes of any member of the Armed Forces under subsection (a) in a facility of the Department of Defense or of a private entity and the transportation of such gametes, at no cost to the member, until the date that is one year after the retirement, separation, or release of the member from the Armed Forces. (2) Continued cryopreservation and storage At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose gametes were cryopreserved and stored in a facility of the Department as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options: (A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual. (B) To transfer the gametes to a private cryopreservation and storage facility selected by the individual. (C) To transfer the gametes to a facility of the Department of Veterans Affairs if cryopreservation and storage is available to the individual at such facility. (3) Disposal of gametes If an individual described in paragraph (2) does not make a selection under subparagraph (A), (B), or (C) of such paragraph, the Secretary may dispose of the gametes of the individual not earlier than the date that is 90 days after the end of the one-year period specified in paragraph (1) with respect to the individual. (c) Advance medical directive and military testamentary instrument A member of the Armed Forces who elects to cryopreserve and store their gametes under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored gametes if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored gametes. (d) Agreements To carry out this section, the Secretary may enter into agreements with private entities that provide cryopreservation, transportation, and storage services for gametes. 105. Assistance with and continuity of care regarding reproductive and fertility preservation services The Secretary of Defense shall ensure that employees of the Department of Defense assist members of the Armed Forces— (1) in navigating the services provided under this title; (2) in finding a provider that meets the needs of such members with respect to such services; and (3) in continuing the receipt of such services without interruption during a permanent change of station for such members. 106. Coordination between Department of Defense and Department of Veterans Affairs on furnishing of fertility treatment and counseling (a) In general The Secretary of Defense and the Secretary of Veterans Affairs shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility treatment and counseling to individuals eligible for the receipt of such counseling and treatment from the Secretaries. (b) Memorandum of understanding The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding— (1) providing that the Secretary of Defense will ensure access by the Secretary of Veterans Affairs to gametes of veterans stored by the Department of Defense for purposes of furnishing fertility treatment under section 1720K of title 38, United States Code, as added by section 202(a); and (2) authorizing the Department of Veterans Affairs to compensate the Department of Defense for the cryopreservation, transportation, and storage of gametes of veterans under section 104. II Reproductive and adoption assistance for veterans 201. Inclusion of fertility treatment and counseling under the definition of medical services in title 38 Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (I) Fertility treatment and counseling, including treatment using assisted reproductive technology. . 202. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans (a) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720K. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans (a) In general (1) The Secretary shall furnish fertility treatment and counseling, including through the use of assisted reproductive technology, to a covered veteran or a spouse, partner, or gestational surrogate of a covered veteran if the veteran, and the spouse, partner, or gestational surrogate of the veteran, as applicable, apply jointly for such treatment and counseling through a process prescribed by the Secretary. (2) Fertility treatment and counseling shall be furnished under paragraph (1) without regard to the sex, gender identity, sexual orientation, or marital status of the covered veteran. (3) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish not more than three completed cycles or six attempted cycles of in vitro fertilization, whichever occurs first, to an individual under such paragraph. (b) Procurement of gametes If a covered veteran is unable to provide their gametes for purposes of fertility treatment under subsection (a), the Secretary shall, at the election of such member, allow such veteran to receive such treatment with donated gametes and pay or reimburse such veteran the reasonable costs of procuring gametes from a donor. (c) Coordination of care for other individuals In the case of a veteran or a spouse, partner, or gestational surrogate of a veteran not described in subsection (a) who is seeking fertility treatment and counseling, the Secretary may coordinate fertility treatment and counseling for such veteran, spouse, partner, or gestational surrogate. (d) Outreach and training The Secretary shall carry out an outreach and training program to ensure veterans and health care providers of the Department are aware of— (1) the availability of and eligibility requirements for fertility treatment and counseling under this section; and (2) any changes to fertility treatment and counseling covered under this section. (e) Rule of construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a gestational surrogate for a covered veteran or to connect a gestational surrogate with a covered veteran; or (2) to furnish maternity care to a covered veteran or spouse, partner, or gestational surrogate of a covered veteran in addition to what is otherwise required by law. (f) Definitions In this section: (1) The term assisted reproductive technology includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate. (2) The term covered veteran means a veteran who— (A) has an infertility condition, unless the Secretary can show that the veteran was completely infertile before service in the active military, naval, or air service; and (B) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (3) The term fertility treatment includes the following: (A) Procedures that use assisted reproductive technology. (B) Sperm retrieval. (C) Egg retrieval. (D) Artificial insemination. (E) Embryo transfer. (F) Such other treatments as the Secretary considers appropriate. (4) The term infertility condition includes— (A) a diagnosis of infertility; or (B) the inability to conceive or safely carry a pregnancy to term, including as a result of treatment for another condition. (5) The term partner , with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any fertility treatment under this section. . (b) Clerical amendment The table of sections at the beginning of subchapter II of chapter 17 of such title is amended by inserting after the item relating to section 1720J the following new item: 1720K. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans. . 203. Adoption assistance for certain veterans (a) In general Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1789. Adoption assistance (a) In general The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children, without regard to the sex, gender identity, sexual orientation, or marital status of the covered veteran. (b) Limitation amount For purposes of this section, the limitation amount is the amount equal to the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary. (c) Covered veteran defined In this section, the term covered veteran has the meaning given that term in section 1720K(f) of this title. . (b) Clerical amendment The table of sections at the beginning of subchapter VIII of chapter 17 of such title is amended by inserting after the item relating to section 1788 the following new item: 1789. Adoption assistance. . 204. Assistance with and continuity of care regarding reproductive and fertility preservation services The Secretary of Veterans Affairs shall ensure that employees of the Department of Veterans Affairs assist veterans— (1) in navigating the services provided under this title and the amendments made by this title; (2) in finding a provider that meets the needs of such veterans with respect to such services; and (3) in continuing the receipt of such services without interruption if such veterans move to a different geographic location. 205. Facilitation of reproduction and infertility research (a) In general Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section: 7330D. Facilitation of reproduction and infertility research (a) Facilitation of research required The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as a spinal cord injury, military sexual trauma, or a mental health condition, that affects the ability of the veteran to reproduce. (b) Dissemination of information The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration. . (b) Clerical amendment The table of sections at the beginning of subchapter II of chapter 73 of such title is amended by inserting after the item relating to section 7330C the following new item: 7330D. Facilitation of reproduction and infertility research. . (c) Report (1) In general Not later than three years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report on the research activities conducted by the Secretary under section 7330D of title 38, United States Code, as added by subsection (a). (2) Elements The report submitted under paragraph (1) shall include demographic data on veterans included in the research conducted under section 7330D of title 38, United States Code, as added by subsection (a), disaggregated by age, race, ethnicity, sex, gender identity, sexual orientation, marital status, type of disability (if applicable), and geographic location of such veterans. 206. Annual report on fertility treatment and counseling furnished by Department of Veterans Affairs (a) In general Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility treatment and counseling furnished by the Department of Veterans Affairs, including through non-Department providers, during the year preceding the submittal of the report. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who were diagnosed with clinical infertility, disaggregated by age, race, ethnicity, sex, gender identity, sexual orientation, marital status, type of disability (if applicable), geographic location, era of military service, and, to the extent possible to determine, the cause of infertility of such veterans. (2) The number of veterans who received fertility treatment or counseling furnished by the Department of Veterans Affairs, including through non-Department providers, disaggregated by age, race, ethnicity, sex, gender identity, sexual orientation, marital status, type of disability (if applicable), geographic location, era of military service, and, to the extent possible to determine, the cause of infertility of such veterans. (3) The number of veterans who self-reported difficulty becoming pregnant or successfully carrying a pregnancy to term to a health care provider of the Department or a non-Department provider, disaggregated by age, race, ethnicity, sex, gender identity, sexual orientation, marital status, type of disability (if applicable), and geographic location of such veterans. (4) The number of veterans who were exposed to hazardous chemical or biological agents during service in the Armed Forces who— (A) received a clinical diagnosis of infertility; or (B) self-reported difficulty becoming pregnant or successfully carrying a pregnancy to term. (5) The number of spouses, partners, and gestational surrogates of veterans who received fertility treatment or counseling furnished by the Department, including through non-Department providers. (6) The cost to the Department of furnishing fertility treatment and counseling, including through non-Department providers, disaggregated by cost of services and administration. (7) The average cost to the Department per recipient of fertility treatment and counseling. (8) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, including through non-Department providers, the average number of cycles per person furnished, disaggregated by type of treatment. (9) A description of how fertility treatment and counseling services of the Department, including those services provided through non-Department providers, are coordinated with similar services of the Department of Defense, including the average wait time for veterans to transfer from the health system of the Department of Defense to the Veterans Health Administration. (c) Definitions In this section, the terms assisted reproductive technology and partner have the meanings given those terms in section 1720K(f) of title 38, United States Code, as added by section 202(a). 207. Report on timeliness and adequacy of access by veterans to fertility treatment and counseling services furnished by Department of Veterans Affairs (a) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the Secretary of Veterans Affairs shall submit to Congress a report containing data on the timeliness and adequacy of access by veterans to fertility treatment and counseling services furnished by the Department of Veterans Affairs, including through non-Department providers. (b) Elements Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The average number of days from when a veteran first seeks fertility treatment to when a referral for such treatment is made and the average number of days from when such referral is made to when an appointment for such treatment occurs, disaggregated by facility of the Department or non-Department provider. (2) The average number of days from when a veteran first seeks fertility counseling to when a referral for such counseling is made and the average number of days from when such referral is made to when an appointment for such counseling occurs, disaggregated by facility of the Department or non-Department provider. (3) The number of available providers of the Department and non-Department providers for fertility treatment and counseling in each State or territory, disaggregated by facility. (4) The average number of days it takes for the Secretary to pay claims for fertility treatment and counseling services from non-Department providers under section 1703D of title 38, United States Code. 208. Regulations on furnishing of fertility treatment and counseling and adoption assistance by Department of Veterans Affairs Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations— (1) to carry out section 1720K of title 38, United States Code, as added by section 202(a); and (2) to carry out section 1789 of such title, as added by section 203(a). | https://www.govinfo.gov/content/pkg/BILLS-117s1280is/xml/BILLS-117s1280is.xml |
117-s-1281 | II 117th CONGRESS 1st Session S. 1281 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Klobuchar (for herself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To update the blood donation public awareness campaign of the Department of Health and Human Services to include public awareness on plasma donation.
1. Short title This Act may be cited as the Plasma Donation Awareness Act . 2. Importance of the blood and plasma supply (a) In general Section 3226 of the CARES Act ( Public Law 116–136 ) is amended— (1) in the section heading, by inserting and plasma after blood ; and (2) by inserting and plasma after blood each time such term appears. (b) Conforming amendment The item relating to section 3226 in the table of contents in section 2 of the CARES Act ( Public Law 116–136 ) is amended to read as follows: Sec. 3226. Importance of the blood and plasma supply. . | https://www.govinfo.gov/content/pkg/BILLS-117s1281is/xml/BILLS-117s1281is.xml |
117-s-1282 | II 117th CONGRESS 1st Session S. 1282 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Baldwin (for herself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Under Secretary of Commerce for Oceans and Atmosphere to identify a consistent, Federal set of best available forward-looking meteorological information and to require the Director of the National Institute of Standards and Technology to convene an effort to make such set available, with advice and technical assistance, to standards-developing organizations, and for other purposes.
1. Short title This Act may be cited as the Built To Last Act of 2021 . 2. Identification and dissemination of consistent, Federal set of best available forward-looking meteorological information (a) Definitions In this section: (1) Director The term Director means the Director of the National Institute of Standards and Technology. (2) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere. (3) Extreme weather The term extreme weather includes observed or anticipated severe and unseasonable atmospheric conditions, including drought, heavy precipitation, hurricanes, tornadoes and other windstorms (including derechos), extreme heat, extreme cold, flooding, sustained temperatures or precipitation that deviate substantially from historical averages, and any other weather event that the Under Secretary determines qualifies as extreme weather. (4) Other environmental trends The term other environmental trends means wildfires, coastal flooding, inland flooding, land subsidence, rising sea levels, and any other challenges relating to changes in environmental systems over time that the Under Secretary determines qualify as environmental challenges other than extreme weather. (5) Mitigation Framework Leadership Group The term Mitigation Framework Leadership Group means the Mitigation Framework Leadership Group established pursuant to the Post-Katrina Emergency Management Reform Act of 2006 ( Public Law 109–295 ; 6 U.S.C. 701 note), or successor group. (6) United States Global Change Research Program The term United States Global Change Research Program means the United States Global Change Research Program established under section 103 of the Global Change Research Act of 1990 ( 15 U.S.C. 2933 ). (7) Long-term The term long-term shall have such meaning as the Director, in consultation with the Under Secretary, considers appropriate for purposes of this section. (b) Identification of consistent, Federal set of best available meteorological information (1) In general The Under Secretary shall identify and support research that enables, a consistent, Federal set of forward-looking long-term meteorological information that— (A) models future extreme weather events, other environmental trends, projections, and up-to-date observations; and (B) is suitable for use under subsection (c). (2) Mesoscale meteorological information When the Under Secretary determines appropriate or upon request of the Director, the Under Secretary shall provide the Director with mesoscale meteorological information that is suitable for use under subsection (c). (c) Advice, technical assistance, and dissemination (1) In general The Director shall, in consultation with the Under Secretary— (A) make available to the public information identified under subsection (b); (B) identify Federal and non-Federal efforts to develop and adopt standards, building codes, and voluntary certifications; and (C) using the best available, consistent, Federal set of forward-looking long-term meteorological information identified under subsection (b)— (i) advise and provide technical assistance to organizations that develop standards, model building codes, or voluntary certifications in order for such organizations to appropriately incorporate forward-looking long-term meteorological information into such standards, building codes, and voluntary certifications; and (ii) take appropriate steps to make information identified under subsection (b) available to the entities described in clause (i) developing such standards, model building codes, and voluntary certifications. (2) Requirement The Director shall carry out paragraph (1) through each of the following: (A) The Fire Research Center, established under section 16 of the Act entitled An Act to establish the National Bureau of Standards , approved March 3, 1901 ( 15 U.S.C. 278f ). (B) The National Windstorm Impact Reduction Program, established under section 204 of the National Windstorm Impact Reduction Act of 2004 ( 42 U.S.C. 15703 ). (C) Such other statutory authorities as the Director considers appropriate. (d) Working group In order to identify and support research that enable information as required under subsection (b), the Director of the Office of Science and Technology Policy, in coordination with the United States Global Change Research Program and the Mitigation Framework Leadership Group, shall designate a working group consisting of representatives from such Federal agencies as the Director of the Office of Science and Technology Policy considers appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1282is/xml/BILLS-117s1282is.xml |
117-s-1283 | II 117th CONGRESS 1st Session S. 1283 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Sanders (for himself and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To impose a tax on certain trading transactions to invest in our families and communities, improve our infrastructure and our environment, strengthen our financial security, expand opportunity and reduce market volatility.
1. Short title This Act may be cited as the Tax on Wall Street Speculation Act . 2. Findings Congress finds the following: (1) The global financial crisis cost Americans $19 trillion in lost wealth. (2) The global financial crisis was caused by financial firms taking great financial risks without disclosing those risks to their investors or their regulators, and by regulatory failures to adequately police the financial services markets for crime, unfair or deceptive practices, fraud, lack of transparency, and mismanagement. (3) Deceptive, illegal, and speculative financial practices have harmed public confidence in the integrity and fairness of many United States financial institutions, and threaten the basic strengths of the United States economic system. (4) American citizens provided the money to stabilize the financial sector, making $700 billion available to 800 financial institutions, automakers, and insurance companies. (5) The global financial crisis, along with the wars, unabated and unaddressed climate change, unsustainable tax cuts, and a continuing unemployment crisis, if unaddressed, will deprive a generation of a meaningful role in the larger economy. (6) Nurses, teachers, public safety officers, and other public sector workers have faced drastic funding cuts, harming our long-term public safety and prospects for economic growth. (7) Extreme weather events rooted in climate change, including flood, drought, fire, super storms like Sandy, as well as slow-onset events like sea level rise, are wreaking havoc in the United States and across the globe resulting in climate change impacts that jeopardize the lives and livelihoods of Americans, causing large-scale food and energy insecurity in developing countries, and extolling untold economic costs. (8) According to economists, a small tax on transfer of ownership of every financial trade could generate hundreds of billions annually in revenue, which when invested could help create millions of good-paying jobs in both the public and private sectors every year, as well as provide urgently needed funding for programs to combat climate change and address global health and development issues. (9) A transactions tax will help limit high frequency trading which may be as high as 70 percent of the market and results in declining market stability through extreme price volatility, distorted market prices, and structural vulnerability to speculation far in excess of the liquidity needs of commercial hedgers. (10) A securities transfer tax would have a negligible impact on the average investor. (11) The United States had a transfer tax from 1914 to 1966: The Revenue Act of 1914 (Act of Oct. 22, 1914 (ch. 331, 38 Stat. 745)) levied a 0.02 percent tax on all sales or transfers of stock which was doubled in 1932 to help overcome the budgetary challenges during the Great Depression. (12) Forty nations have or have had some form of a financial transactions tax; it is endorsed by more than 1,000 economists; and 10 European countries are moving forward on implementing a coordinated financial transactions tax after European Union finance ministers signaled approval in January 2013. (13) Revenue generated by this tax could be available to— (A) create a more dynamic economy and enhance economic opportunity by providing free college education and lessening student debt; (B) strengthen financial security and expand opportunity for low- and moderate-income families, including strengthening the social safety net and expanding resources for child care, Social Security, and savings incentives; (C) expand resources for State and Federal investments that protect our health and environment, investing in water and wastewater infrastructure, rebuild our crumbling physical infrastructure, and create good paying jobs by— (i) expanding and improving Medicare and Medicaid; (ii) investing in job training, public sector jobs, and green jobs; (iii) providing housing assistance to low-income households; (iv) investing in transportation including public mass transit and an infrastructure bank that promotes environmentally responsible domestic manufacturing and construction industries; and (v) protecting our environment and building a clean energy economy, including efforts to combat climate change and build resilience to its effects in the United States and in developing countries; and (D) fund international sustainable prosperity programs such as HIV treatment, research and prevention programs, other international health and humanitarian assistance, and climate change adaptation and mitigation efforts by developing countries. 3. Transaction tax (a) In general Chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after subchapter B the following new subchapter: C Tax on Trading Transactions Sec. 4475. Tax on trading transactions. 4475. Tax on trading transactions (a) Imposition of tax There is hereby imposed a tax on the transfer of ownership in each covered transaction with respect to any security. (b) Rate of tax The tax imposed under subsection (a) with respect to any covered transaction shall be the applicable percentage of the specified base amount with respect to such covered transaction. The applicable percentage shall be— (1) 0.5 percent in the case of a security described in subparagraph (A) or (B) of subsection (e)(1), (2) 0.10 percent in the case of a security described in subparagraph (C) of such subsection, and (3) 0.005 percent in the case of a security described in subparagraph (D) of such subsection. (c) Specified base amount For purposes of this section, the term specified base amount means— (1) except as provided in paragraph (2)— (A) in the case of any security described in subparagraph (A), (B), or (C) of subsection (e)(1), the fair market value of the security (determined as of the time of the covered transaction), and (B) in the case of any security described in subparagraph (D) of such subsection, the fair market value of the underlying investment with respect to such security (determined as of the time of the covered transaction), and (2) in the case of any payment described in subsection (h), the amount of such payment. (d) Covered transaction For purposes of this section, the term covered transaction means— (1) except as provided in paragraph (2), any purchase if— (A) such purchase occurs or is cleared on a facility located in the United States, or (B) the purchaser or seller is a United States person, and (2) any transaction with respect to a security described in subparagraph (D) of subsection (e)(1), if— (A) such security is traded or cleared on a facility located in the United States, or (B) any party with rights under such security is a United States person. (e) Security and other definitions For purposes of this section— (1) Security The term security means— (A) any share of stock in a corporation, (B) any partnership or beneficial ownership interest in a partnership or trust, (C) any note, bond, debenture, or other evidence of indebtedness, other than a State or local bond the interest of which is excluded from gross income under section 103(a), or (D) any derivative. (2) Derivative The term derivative means any contract (including any option, forward contract, futures contract, short position, swap, or similar contract) the value of which, or any payment or other transfer with respect to which, is (directly or indirectly) determined by reference to one or more of the following: (A) Any share of stock in a corporation. (B) Any partnership or beneficial ownership interest in a partnership or trust. (C) Any evidence of indebtedness. (D) Any real property. (E) Any commodity which is actively traded (within the meaning of section 1092(c)(4)). (F) Any currency. (G) Any rate, price, amount, index, formula, or algorithm. (H) Any other item as the Secretary may prescribe. Except as provided in regulations prescribed by the Secretary to prevent the avoidance of the purposes of this section, such term shall not include any item described in subparagraphs (A) through (H). (3) Underlying investment The term underlying investment means, with respect to any derivative, any item— (A) which is described in any of the subparagraphs (A) through (H) of paragraph (2) (or any item substantially the same as any such item), and (B) by reference to which the value of the derivative, or any payment or other transfer with respect to the derivative, is determined either directly or indirectly. (4) Treatment of exchanges (A) In general An exchange shall be treated as the sale of the property transferred and a purchase of the property received by each party to the exchange. (B) Certain deemed exchanges In the case of a distribution treated as an exchange for stock under section 302 or 331, the corporation making such distribution shall be treated as having purchased such stock for purposes of this section. (f) Exceptions (1) Exception for initial issues No tax shall be imposed under subsection (a) on any covered transaction with respect to the initial issuance of any security described in subparagraph (A), (B), or (C) of subsection (e)(1). (2) Exception for certain traded short-term indebtedness A note, bond, debenture, or other evidence of indebtedness which— (A) is traded on a trading facility located in the United States, and (B) has a fixed maturity of not more than 60 days, shall not be treated as described in subsection (e)(1)(C). (3) Exception for securities lending arrangements No tax shall be imposed under subsection (a) on any covered transaction with respect to which gain or loss is not recognized by reason of section 1058. (g) By whom paid (1) In general The tax imposed by this section shall be paid by— (A) in the case of a transaction which occurs or is cleared on a facility located in the United States, such facility, and (B) in the case of a purchase not described in subparagraph (A) which is executed by a broker (as defined in section 6045(c)(1)), the broker. (2) Special rules for direct, etc., transactions In the case of any transaction to which paragraph (1) does not apply, the tax imposed by this section shall be paid by— (A) in the case of a transaction described in subsection (d)(1)— (i) the purchaser if the purchaser is a United States person, and (ii) the seller if the purchaser is not a United States person, and (B) in the case of a transaction described in subsection (d)(2)— (i) the payor if the payor is a United States person, and (ii) the payee if the payor is not a United States person. (h) Certain payments treated as separate transactions Except as otherwise provided by the Secretary, any payment with respect to a security described in subparagraph (D) of subsection (e)(1) shall be treated as a separate transaction for purposes of this section, including— (1) any net initial payment, net final or terminating payment, or net periodical payment with respect to a notional principal contract (or similar financial instrument), (2) any payment with respect to any forward contract (or similar financial instrument), and (3) any premium paid with respect to any option (or similar financial instrument). (i) Administration The Secretary shall carry out this section in consultation with the Securities and Exchange Commission and the Commodity Futures Trading Commission. (j) Guidance; regulations The Secretary shall— (1) provide guidance regarding such information reporting concerning covered transactions as the Secretary deems appropriate, including reporting by the payor of the tax in cases where the payor is not the purchaser, and (2) prescribe such regulations as are necessary or appropriate to prevent avoidance of the purposes of this section, including the use of non-United States persons in such transactions. (k) Whistleblowers See section 7623 for provisions relating to whistleblowers. . (b) Penalty for failure To include covered transaction information with return Part I of subchapter B of chapter 68 of the Internal Revenue Code of 1986 is amended by inserting after section 6707A the following new section: 6707B. Penalty for failure to include covered transaction information with return (a) Imposition of penalty Any person who fails to include on any return or statement any information with respect to a covered transaction which is required pursuant to section 4475(j)(1) to be included with such return or statement shall pay a penalty in the amount determined under subsection (b). (b) Amount of penalty Except as otherwise provided in this subsection, the amount of the penalty under subsection (a) with respect to any covered transaction shall be determined by the Secretary. (c) Covered transaction For purposes of this section, the term covered transaction has the meaning given such term by section 4475(d). (d) Authority To rescind penalty (1) In general The Commissioner of Internal Revenue may rescind all or any portion of any penalty imposed by this section with respect to any violation if rescinding the penalty would promote compliance with the requirements of this title and effective tax administration. (2) No judicial appeal Notwithstanding any other provision of law, any determination under this subsection may not be reviewed in any judicial proceeding. (3) Records If a penalty is rescinded under paragraph (1), the Commissioner shall place in the file in the Office of the Commissioner the opinion of the Commissioner with respect to the determination, including— (A) a statement of the facts and circumstances relating to the violation, (B) the reasons for the rescission, and (C) the amount of the penalty rescinded. (e) Coordination with other penalties The penalty imposed by this section shall be in addition to any other penalty imposed by this title. . (c) Clerical amendments (1) The table of sections for part I of subchapter B of chapter 68 of such Code is amended by inserting after item relating to section 6707A the following new item: Sec. 6707B. Penalty for failure to include covered transaction information with return. . (2) The table of subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subchapter B the following new item: Subchapter C. Tax on Trading Transactions . (d) Effective date The amendments made by this section shall apply to transactions after December 31, 2021. 4. Offsetting credit for financial transaction tax (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Financial transaction tax payments (a) Allowance of credit In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the tax paid during the taxable year under section 4475 with respect to any covered transaction in which the taxpayer is a beneficial owner of the security transferred in such covered transaction. (b) Special rule If the tax imposed under section 4475(a) with respect to any covered transaction is paid by any person other than 1 or more beneficial owners of the security transferred in such covered transaction, the determination for how such tax is allocated to such beneficial owners shall be made in a reasonable manner not inconsistent with regulations or other guidance prescribed by the Secretary. (c) Limitation based on modified adjusted gross income (1) In general Subsection (a) shall not apply to a taxpayer for the taxable year if the modified adjusted gross income of the taxpayer for the taxable year exceeds $50,000 ($75,000 in the case of a joint return and one-half of such amount in the case of a married individual filing a separate return). (2) Modified adjusted gross income For purposes of paragraph (1), the term modified adjusted gross income means adjusted gross income— (A) determined without regard to sections 86, 893, 911, 931, and 933, and (B) increased by the amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax. (3) Inflation adjustment (A) In general In the case of any taxable year beginning after 2022, each dollar amount referred to in paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section (1)(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins, by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (d) Eligible individual (1) In general The term eligible individual means, with respect to any taxable year, an individual who— (A) has attained the age of 18 as of the last day of such taxable year, and (B) is a citizen or lawful permanent resident (within the meaning of section 7701(b)(6)) as of the last day of such taxable year. (2) Certain individuals not eligible For purposes of paragraph (1), an individual described in any of the following provisions of this title for the preceding taxable year shall not be treated as an eligible individual for the taxable year: (A) An individual who is a student (as defined in section 152(f)(2)) for the taxable year or the immediately preceding taxable year. (B) An individual who is a taxpayer described in subsection (c), (d), or (e) of section 6402 for the immediately preceding taxable year. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Financial transaction tax payments. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1283is/xml/BILLS-117s1283is.xml |
117-s-1284 | II 117th CONGRESS 1st Session S. 1284 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Bennet (for himself and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the Amache National Historic Site in the State of Colorado as a unit of the National Park System, and for other purposes.
1. Short title This Act may be cited as the Amache National Historic Site Act . 2. Definitions In this Act: (1) National historic site The term National Historic Site means the Amache National Historic Site established by section 3(a). (2) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. (3) State The term State means the State of Colorado. 3. Amache national historic site (a) Establishment Effective on the date on which the Secretary determines that sufficient land within the exterior boundary of the National Historic Site has been acquired to constitute a manageable unit, there is established the Amache National Historic Site in the State as a unit of the National Park System. (b) Purpose The purpose of the National Historic Site is to preserve, protect, and interpret for the benefit of present and future generations resources associated with— (1) the incarceration of civilians of Japanese ancestry during World War II at Amache, also known as the Granada Relocation Center , and the military service of incarcerees at the Granada Relocation Center; (2) public reaction in the State to the incarceration of Japanese Americans, including the position of Governor Ralph Carr and the local community; and (3) the transition of the incarcerees and their descendants following the closure of the Granada Relocation Center and their resettlement in the State and other States. (c) Map; boundaries (1) Map As soon as practicable after the date of enactment of this Act, the Secretary, in consultation with the town of Granada, Colorado, shall prepare a map of the National Historic Site. (2) Availability of map The map prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (3) Boundaries The boundaries of the National Historic Site shall be the boundaries generally depicted on the map prepared under paragraph (1). (d) Property acquisition authority (1) Real property The Secretary may acquire any land or interests in land located within the exterior boundary of the National Historic Site by— (A) donation; or (B) purchase with donated or appropriated funds. (2) Personal property The Secretary may acquire personal property associated with the purposes of the National Historic Site only by donation. (e) Administration (1) In general The Secretary shall administer the National Historic Site in accordance with— (A) this Act; and (B) the laws generally applicable to units of the National Park System. (2) Management plan (A) Deadline for completion Not later than 3 years after the date on which funds are first made available to the Secretary for the preparation of a general management plan for the National Historic Site, the Secretary shall prepare a general management plan for the National Historic Site in accordance with section 100502 of title 54, United States Code. (B) Inclusion The general management plan prepared under subparagraph (A) shall identify, as appropriate, the roles and responsibilities of the National Park Service and any applicable management entity in administering and interpreting the National Historic Site and any areas affiliated with the National Historic Site in a manner that does not interfere with existing operations and the continued use of existing facilities at the National Historic Site. (C) Submission to Congress On completion of the general management plan under subparagraph (A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives the general management plan prepared under that subparagraph. (f) Administrative facilities For the purpose of ensuring the preservation, protection, and proper management of the National Historic Site and associated resources, the Secretary may establish facilities for administration, visitor services, and curation of personal property outside the exterior boundaries of, and in the vicinity of, the National Historic Site. (g) Cooperative agreements The Secretary may enter into agreements with— (1) public or private entities for the purpose of establishing and operating facilities outside of the exterior boundary of the National Historic Site for administration, visitor services, and curation of personal property; and (2) other public or private entities for the purposes of carrying out this Act. (h) Effect on water rights Nothing in this Act affects— (1) the use, allocation, ownership, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right; (2) any vested absolute or decreed conditional water right in existence on the date of enactment of this Act; (3) any interstate water compact in existence on the date of enactment of this Act; or (4) State water law. | https://www.govinfo.gov/content/pkg/BILLS-117s1284is/xml/BILLS-117s1284is.xml |
117-s-1285 | II 117th CONGRESS 1st Session S. 1285 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Cornyn (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to authorize the debarment of certain registrants, and for other purposes.
1. Short title This Act may be cited as the Debarment Enforcement of Bad Actor Registrants Act of 2021 or the DEBAR Act of 2021 . 2. Debarment of certain registrants Section 304 of the Controlled Substances Act ( 21 U.S.C. 824 ) is amended by adding at the end the following: (h) Debarment of certain registrants The Attorney General may issue an order to prohibit, conditionally or unconditionally, and permanently or for such period as the Attorney General may determine, any person from being registered under this title to manufacture, distribute, or dispense a controlled substance or a list I chemical, if the Attorney General finds that the person— (1) meets or has met any of the conditions for suspension or revocation of registration under subsection (a); and (2) has a history of prior suspensions or revocations of registration. . | https://www.govinfo.gov/content/pkg/BILLS-117s1285is/xml/BILLS-117s1285is.xml |
117-s-1286 | II 117th CONGRESS 1st Session S. 1286 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Cornyn (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act to provide for the modification, transfer, and termination of a registration to manufacture, distribute, or dispense controlled substances or list I chemicals, and for other purposes.
1. Short title This Act may be cited as the Ensuring Compliance Against Drug Diversion Act of 2021 . 2. Modification, transfer, and termination of registration To manufacture, distribute, or dispense controlled substances Subsection (a) of section 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) is amended by adding at the end the following new paragraph: (3) (A) Except as provided in subparagraph (C), the registration of any registrant under this title to manufacture, distribute, or dispense controlled substances or list I chemicals terminates if and when such registrant— (i) dies; (ii) ceases legal existence; (iii) discontinues business or professional practice; or (iv) surrenders such registration. (B) In the case of such a registrant who ceases legal existence or discontinues business or professional practice, such registrant shall promptly notify the Attorney General in writing of such fact. (C) No registration under this title to manufacture, distribute, or dispense controlled substances or list I chemicals, and no authority conferred thereby, may be assigned or otherwise transferred except upon such conditions as the Attorney General may specify and then only pursuant to written consent. A registrant to whom a registration is assigned or transferred pursuant to the preceding sentence may not manufacture, distribute, or dispense controlled substances or list I chemicals pursuant to such registration until the Attorney General receives such written consent. (D) In the case of a registrant under this title to manufacture, distribute, or dispense controlled substances or list I chemicals desiring to discontinue business or professional practice altogether or with respect to controlled substances and list I chemicals (without assigning or transferring such business or professional practice to another entity), such registrant shall return to the Attorney General for cancellation— (i) the registrant’s certificate of registration; (ii) any unexecuted order forms in the registrant’s possession; and (iii) any other documentation that the Attorney General may require. . 3. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s1286is/xml/BILLS-117s1286is.xml |
117-s-1287 | II 117th CONGRESS 1st Session S. 1287 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Durbin (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to require manufacturers of certain single-dose vial drugs payable under part B of the Medicare program to provide refunds with respect to amounts of such drugs discarded, and for other purposes.
1. Short title This Act may be cited as the Recovering Excessive Funds for Unused and Needless Drugs Act of 2021 or the REFUND Act of 2021 . 2. Requiring manufacturers of certain single-dose container or single-use package drugs payable under part B of the Medicare program to provide refunds with respect to discarded amounts of such drugs Section 1847A of the Social Security Act ( 42 U.S.C. 1395–3a ), as amended by section 405 of division CC of the Consolidated Appropriations Act, 2021, is amended— (1) by redesignating subsection (h) as subsection (i); and (2) inserting after subsection (g) the following: (h) Refund for certain discarded single-Dose container or single-Use package drugs (1) Secretarial provision of information (A) In general For each calendar quarter beginning on or after January 1, 2022, the Secretary shall, with respect to a refundable single-dose container or single-use package drug (as defined in paragraph (8)), report to each manufacturer (as defined in subsection (c)(6)(A)) of such refundable single-dose container or single-use package drug the following for the calendar quarter: (i) Subject to subparagraph (C), information on the total number of units of the billing and payment code of such drug, if any, that were discarded during such quarter, as determined using a mechanism such as the JW modifier used as of the date of enactment of this subsection (or any such successor modifier that includes such data as determined appropriate by the Secretary). (ii) The refund amount that the manufacturer is liable for pursuant to paragraph (3). (B) Determination of discarded amounts For purposes of subparagraph (A)(i), with respect to a refundable single-dose container or single-use package drug furnished during a quarter, the amount of such drug that was discarded shall be determined based on the amount of such drug that was unused and discarded for each drug on the date of service. (C) Exclusion of units of packaged drugs The total number of units of the billing and payment code of a refundable single-dose container or single-use package drug of a manufacturer furnished during a calendar quarter for purposes of subparagraph (A)(i) shall not include such units that are packaged into the payment amount for an item or service and are not separately payable. (2) Manufacturer requirement For each calendar quarter beginning on or after January 1, 2022, the manufacturer of a refundable single-dose container or single-use package drug shall, for such drug, provide to the Secretary a refund that is equal to the amount specified in paragraph (3) for such drug for such quarter. (3) Refund amount (A) In general The amount of the refund specified in this paragraph is, with respect to a refundable single-dose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar quarter beginning on or after January 1, 2022, an amount equal to 90 percent (or, in the case of a refundable single-dose container or single-use package drug described in subclause (I) or (II) of subparagraph (B)(ii), the percent determined for such drug under subparagraph (B)(i)) of the product of— (i) the total number of units of the billing and payment code for such drug that were discarded during such quarter (as determined under paragraph (1)); and (ii) (I) in the case of a refundable single-dose container or single-use package drug that is a single source drug or biological, the amount determined for such drug under subsection (b)(4); or (II) in the case of a refundable single-dose container or single-use package drug that is a biosimilar biological product, the average sales price determined under subsection (b)(8)(A). (B) Treatment of drugs that require filtration or other unique circumstances (i) In general The Secretary, through notice and comment rulemaking— (I) in the case of a refundable single-dose container or single-use package drug described in subclause (I) of clause (ii), shall adjust the percentage otherwise applicable for purposes of determining the refund amount with respect to such drug under subparagraph (A) as determined appropriate by the Secretary; and (II) in the case of a refundable single-dose container or single-use package drug described in subclause (II) of clause (ii), may adjust the percentage otherwise applicable for purposes of determining the refund amount with respect to such drug under subparagraph (A) as determined appropriate by the Secretary. (ii) Drug described For purposes of clause (i), a refundable single-dose container or single-use package drug described in this clause is either of the following: (I) A refundable single-dose container or single-use package drug for which preparation instructions required and approved by the Commissioner of the Food and Drug Administration include filtration during the drug preparation process, prior to dilution and administration, and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process. (II) Any other refundable single-dose container or single-use package drug that has unique circumstances involving similar loss of product. (4) Frequency Amounts required to be refunded pursuant to paragraph (2) shall be paid in regular intervals (as determined appropriate by the Secretary). (5) Refund deposits Amounts paid as refunds pursuant to paragraph (2) shall be deposited into the Federal Supplementary Medical Insurance Trust Fund established under section 1841. (6) Enforcement (A) Audits (i) Manufacturer audits Each manufacturer of a refundable single-dose container or single-use package drug that is required to provide a refund under this subsection shall be subject to periodic audit with respect to such drug and such refunds by the Secretary. (ii) Provider audits The Secretary shall conduct periodic audits of claims submitted under this part with respect to refundable single-dose container or single-use package drugs in accordance with the authority under section 1833(e) to ensure compliance with the requirements applicable under this subsection. (B) Civil money penalty (i) In general The Secretary shall impose a civil money penalty on a manufacturer of a refundable single-dose container or single-use package drug who has failed to comply with the requirement under paragraph (2) for such drug for a calendar quarter in an amount equal to the sum of— (I) the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter; and (II) 25 percent of such amount. (ii) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this subparagraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). (7) Implementation The Secretary shall implement this subsection through notice and comment rulemaking. (8) Definition of refundable single-dose container or single-use package drug (A) In general Except as provided in subparagraph (B), in this subsection, the term refundable single-dose container or single-use package drug means a single source drug or biological (as defined in section 1847A(c)(6)(D)) or a biosimilar biological product (as defined in section 1847A(c)(6)(H)) for which payment is established under this part and that is furnished from a single-dose container or single-use package. (B) Exclusions The term refundable single-dose container or single-use package drug does not include a drug or biological that is either a radiopharmaceutical or an imaging agent. (9) Report to Congress (A) In general Not later than 3 years after the date of enactment of this subsection, the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall submit to the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on any impact this subsection is demonstrated to have on— (i) the licensure, market entry, market retention, or marketing of biosimilar biological products; and (ii) vial size changes, label adjustments, or technological developments. (B) Updates At the direction of the Committees referred to in subparagraph (A), the Office of the Inspector General of the Department of Health and Human Services, in consultation with the Centers for Medicare & Medicaid Services and the Food and Drug Administration, shall periodically update the report under such subparagraph. . | https://www.govinfo.gov/content/pkg/BILLS-117s1287is/xml/BILLS-117s1287is.xml |
117-s-1288 | II 117th CONGRESS 1st Session S. 1288 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Sanders (for himself, Ms. Warren , Mr. Padilla , Mr. Murphy , Mr. Merkley , Mr. Markey , Mr. Leahy , Mr. Blumenthal , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Higher Education Act of 1965 to ensure College for All.
1. Short title This Act may be cited as the College for All Act of 2021 . I Federal-State partnership to eliminate tuition and required fees 101. Federal-State partnership to eliminate tuition and required fees The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.) is amended by adding at the end the following: IX Federal-State partnership to eliminate tuition and required fees 901. Grant program to eliminate tuition and required fees at public institutions of higher education and tribal colleges and universities (a) Definitions In this section: (1) Award year The term award year has the meaning given the term in section 481(a). (2) Community college The term community college means— (A) a public institution of higher education at which the credential that is predominantly awarded to students is at the sub-baccalaureate level; or (B) a public postsecondary vocational institution, as defined under section 102(c). (3) Cost of attendance The term cost of attendance has the meaning given the term in section 472. (4) Dual or concurrent enrollment program The term dual or concurrent enrollment program has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) Early college high school The term early college high school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965. (6) Eligible Indian entity The term eligible Indian entity means the entity responsible for the governance, operation, or control of a Tribal College or University. (7) Eligible student The term eligible student means an individual, regardless of age, who has not obtained a baccalaureate degree or higher degree and— (A) is enrolled, or plans to enroll, in a community college in the State in which the individual is a resident or in a 2-year Tribal College or University; or (B) is a working class or middle class student, as described in subsection (d)(3), who is enrolled or plans to enroll in a 4-year public institution of higher education in the State in which the individual is a resident or in a 4-year Tribal College or University. (8) Full-time equivalent eligible students The term full-time equivalent eligible students , when used with respect to an institution of higher education, has the meaning given the term full-time equivalent students , except that the calculation shall be made based on the number of eligible students enrolled at such institution. (9) Full-time equivalent students The term full-time equivalent students means the sum of the number of students enrolled full time at an institution, plus the full-time equivalent of the number of students enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time students divided by 12) at such institution. (10) Institution of higher education The term institution of higher education has the meaning given the term in section 101. (11) Public 4-year institution of higher education The term public 4-year institution of higher education means a public institution of higher education that is not a community college. (12) Tribal College or University The term Tribal College or University has the meaning given the term in section 316(b)(3). (13) 2-year Tribal College or University The term 2-year Tribal College or University means a Tribal College or University at which the credential that is predominantly awarded to students is at the sub-baccalaureate level. (14) 4-year Tribal College or University The term 4-year Tribal College or University means a Tribal College or University that is not a 2-year Tribal College or University. (b) Program authorized (1) Grants authorized From amounts appropriated under subsection (g), the Secretary shall award grants, from allotments under subsection (c), to States and eligible Indian entities having applications approved under subsection (e), to enable the States and eligible Indian entities— (A) to eliminate tuition and required fees for all eligible students at community colleges in the State or at 2-year Tribal Colleges and Universities of the eligible Indian entity; and (B) to eliminate tuition and required fees for working class and middle class eligible students, as described in subsection (d)(3), at public 4-year institutions of higher education in the State or 4-year Tribal Colleges and Universities of the eligible Indian entity. (2) Non-federal share requirement (A) In general Except as provided in subparagraphs (B) and (C), each State or eligible Indian entity that receives a grant under this section shall provide a non-Federal share of funds for an award year from non-Federal sources in an amount that is equal to 25 percent of the amount required to eliminate tuition and required fees— (i) in the case of a State, at community colleges in the State for all eligible students and at public 4-year institutions of higher education in the State for working class and middle class eligible students, as described in subsection (d)(3), for the award year; and (ii) in the case of an eligible Indian entity, at 2-year Tribal Colleges and Universities of the eligible Indian entity for all eligible students and at 4-year Tribal Colleges and Universities of the eligible Indian entity for working class and middle class eligible students, as described in subsection (d)(3), for the award year. (B) Non-federal share requirement for certain eligible Indian entities (i) In general In the case of an eligible Indian entity that receives a grant under this section for an award year for which not less than 75 percent of the students enrolled in the 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity are low-income students, such eligible Indian entity shall provide a non-Federal share of funds from non-Federal sources in an amount that is equal to not more than 5 percent of the amount necessary to eliminate tuition and required fees at 2-year Tribal Colleges and Universities of the eligible Indian entity for all eligible students and at 4-year Tribal Colleges and Universities of the eligible Indian entity for working class and middle class eligible students, as described in subsection (d)(3), for the award year. (ii) Low-income student In this subparagraph, the term low-income student has the meaning given such term by the Secretary, except that such term shall not exclude any student eligible for a Federal Pell Grant under section 401. (iii) Data In calculating the number of enrolled students and low-income students for purposes of clause (i), the Secretary shall use— (I) for the first award year of the program under this section, the number of students enrolled in award year 2019–2020; and (II) for each subsequent award year, the projected student enrollment numbers for the award year for which the allotment is made. (C) Automatic stabilizer (i) In general Notwithstanding subparagraph (A) and subsection (c)(1), in the case in which a trigger is turned on— (I) under clause (ii) with respect to a State, the Secretary shall— (aa) apply subparagraph (A), by substituting 10 percent for 25 percent ; and (bb) apply subsection (c)(1), by substituting 90 percent for 75 percent ; and (II) under clause (iii) with respect to an eligible Indian entity, the Secretary shall— (aa) in the case in which subparagraph (B) is not applicable— (AA) apply subparagraph (A), by substituting 10 percent for 25 percent ; and (BB) apply subsection (c)(1), by substituting 90 percent for 75 percent ; or (bb) in the case in which subparagraph (B) is applicable— (AA) apply subparagraph (B)(i), by substituting 3 percent for 5 percent ; and (BB) apply subsection (c)(1), by substituting 97 percent for 95 percent . (ii) Trigger for States A trigger shall be turned on under this clause with respect to a State if— (I) the 3-month moving average of the national prime-age employment-to-population ratio (PAEPOP) is less than 98 percent of the maximum in the previous 12 months, and such trigger shall stay on until the 3-month moving average of the national PAEPOP has improved for three consecutive months and is above 95 percent of the maximum in the 12 months before the trigger was turned on; (II) the 3-month moving average of the total unemployment rate (TUR) of the State is at or above 7.5 percent, and such trigger shall stay on until the 3-month moving average of the TUR of the State falls below 7.5 percent; or (III) the 3-month moving average of the total unemployment rate (TUR) of the State is at or above 108 percent of the maximum in the previous 12 months, and such trigger shall stay on until the 3-month moving average of the TUR of the State falls below 115 percent of the maximum in the 12 months before the trigger was turned on. (iii) Trigger for eligible Indian entity A trigger shall be turned on under this clause with respect to an eligible Indian entity if any Tribal College or University governed, operated, or controlled by the eligible Indian entity is located in a State for which a trigger is turned on under clause (ii). (iv) Inclusion of Determination in Employment Statistics Reports Notwithstanding any other provision of law, the Commissioner of the Bureau of Labor Statistics shall include in each monthly employment situation report and each State unemployment and employment report published by the Commissioner a specific determination of whether any State or national trigger is turned on under this subparagraph. (3) No in-kind contributions No in-kind contribution shall count toward the non-Federal share requirement under paragraph (2). (4) Sustain and expand existing programs The Secretary shall encourage States to sustain and expand tuition-free College Promise programs that are in existence on the date of enactment of the College for All Act of 2021 , especially for programs that cover the last dollar of tuition and fees after exhausting Federal and State aid. (c) Determination of allotment (1) First award year of program The Secretary shall allot, to each eligible State or eligible Indian entity that submits an application under this section for a grant under subsection (b)(1) for the first award year of the program under this section, an amount that is equal to 75 percent (or not less than 95 percent in the case of an eligible Indian entity described in subsection (b)(2)(B)) of the total revenue received— (A) in the case of a State, from all eligible students at community colleges in the State and from working class and middle class eligible students, as described in subsection (d)(3), at public 4-year institutions of higher education in the State in the form of tuition and required fees for— (i) with respect to a State that did not eliminate tuition and required fees as described in paragraphs (2) and (3) of subsection (d) for the preceding award year, award year 2019–2020; or (ii) with respect to a State that has eliminated tuition and required fees as described in such paragraphs, the last award year that the State charged tuition and required fees; and (B) in the case of an eligible Indian entity, from all eligible students at 2-year Tribal Colleges and Universities of the eligible Indian entity and from working class and middle class eligible students, as described in subsection (d)(3), at 4-year Tribal Colleges and Universities of the eligible Indian entity, in the form of tuition and required fees for— (i) with respect to an eligible Indian entity that did not eliminate tuition and required fees as described in paragraphs (2) and (3) of subsection (d) for the preceding award year, award year 2019–2020; or (ii) with respect to an eligible Indian entity that has eliminated tuition and required fees as described in such paragraphs, the last award year for which the eligible Indian entity charged tuition and required fees. (2) First award year allotment for States and eligible indian entities applying after the first year of the program (A) In general The Secretary shall allot to each eligible State or eligible Indian entity that submits its first application for a grant under subsection (b)(1) for the second or a subsequent year of the program under this section, an amount equal to— (i) the product of— (I) the allotment the eligible State or eligible Indian entity would have received in the first award year of the program under this section if the State or eligible Indian entity had submitted an application for such year; (II) the projected full-time equivalent eligible students figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the award year for which the allotment is made; and (III) the amount of additional expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that will be necessary to eliminate tuition and required fees for each such student for the award year for which the allotment is made; divided by (ii) the product of— (I) the full-time equivalent eligible students figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the first award year of the program for which the eligible State or eligible Indian entity was eligible to submit an application under this section; and (II) the amount of expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that would have been necessary to eliminate tuition and required fees for each such student for the first award year of the program for which the eligible State or eligible Indian entity was eligible to submit an application under this section. (B) Projected enrollment If the projected full-time equivalent eligible students figure of the State or eligible Indian entity under subparagraph (A) is more than 25 percent larger than the full-time equivalent eligible students figure for the preceding year, the Secretary may challenge such enrollment projection and offer an alternative enrollment projection which shall be used in the formula under subparagraph (A) for determining the allotment. (3) Subsequent award years (A) In general The Secretary shall allot to an eligible State or eligible Indian entity submitting an application for a grant under subsection (b)(1) for a second or subsequent year after receiving a grant under paragraph (1) or (2), an amount equal to— (i) the product of— (I) the allotment received for the first award year for which the eligible State or eligible Indian entity submitted an application; (II) the projected full-time equivalent eligible students figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the award year for which the allotment is made; and (III) the amount of additional expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that will be necessary to eliminate tuition and required fees for each such student for the award year for which the allotment is made; divided by (ii) the product of— (I) the full-time equivalent eligible student figure for all community colleges and public 4-year institutions of higher education of the eligible State, or all 2-year Tribal Colleges and Universities and 4-year Tribal Colleges and Universities of the eligible Indian entity, for the first award year that the State or eligible Indian entity participates under paragraph (1) or (2), as the case may be; and (II) the amount of expenditures per full-time equivalent eligible student by the eligible State or eligible Indian entity that was necessary to eliminate tuition and required fees for each such student for the first award year that the State or eligible Indian entity participates under paragraph (1) or (2), as the case may be. (B) Projected enrollment If the projected full-time equivalent eligible students figure of the State or eligible Indian entity under subparagraph (A) is more than 25 percent larger than the full-time equivalent eligible students figure for the preceding year, the Secretary may challenge such enrollment projection and offer an alternative enrollment projection which shall be used in the formula under subparagraph (A) for determining the allotment. (4) Actual enrollment figures (A) In general By not later than November 1 of the second award year for which a State or eligible Indian entity receives an allotment under this section, and each succeeding November 1, such State or eligible Indian entity shall report to the Secretary its actual full-time equivalent eligible students figure for the preceding award year. (B) Adjustments If the actual full-time equivalent eligible students figure for the preceding award year reported under subparagraph (A)— (i) exceeds the projected enrollment that was used for determining the allotment for the preceding award year, notwithstanding any other provision of this section, the allotment for the award year in which the November 1 date falls for the State or eligible Indian entity shall be increased to reflect such actual enrollment, which figure shall be increased by the State Gross Domestic Product Price Index, or the Gross Domestic Product Price Index of the State in which the eligible Indian entity operates; or (ii) is below the projected enrollment that was used for determining the allotment for the preceding award year, notwithstanding any other provision of this section, the allotment for the award year in which the November 1 date falls for the State or eligible Indian entity shall be decreased to reflect such actual enrollment, which figure shall be increased by the average interest rate on 5-year United States Treasury securities issued during the preceding award year. (5) Additional funds If a State or eligible Indian entity provides additional funds toward reducing the cost of attendance and improving instruction at institutions of higher education beyond the cost of eliminating tuition and required fees as described in paragraphs (2) and (3) of subsection (d) for any award year that is more than the non-Federal share requirement under subsection (b)(2) and the maintenance of expenditures requirement under paragraphs (4) and (5) of subsection (d), the Secretary shall provide to the State or eligible Indian entity an amount equal to such additional funding provided by the State or eligible Indian entity, which amount provided by the Secretary may be used for the activities described in subsection (f)(2). (d) State and eligible Indian entity eligibility requirements In order to be eligible to receive an allotment under this section for an award year, a State or eligible Indian entity shall comply with the following: (1) Ensure that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity maintain expenditures on instruction per full-time equivalent student at levels that are equal to or exceed the expenditures on instruction per full-time equivalent student for award year 2019–2020. (2) Ensure that tuition and required fees for eligible students in the State's community college system or eligible students in the 2-year Tribal Colleges and Universities of the eligible Indian entity are eliminated. (3) (A) Ensure that tuition and required fees for eligible students attending the State's public 4-year institutions of higher education or eligible students attending the 4-year Tribal Colleges and Universities of the eligible Indian entity are eliminated as follows: (i) For the first award year of the program under this section, the State or eligible Indian entity shall eliminate tuition and required fees for such students— (I) who are dependent students, whose parents' adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; and (II) who are independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000. (ii) For each award year after the first award year of the program under this section, the State or eligible Indian entity shall eliminate tuition and required fees for such students— (I) who are dependent students, whose parents' adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount; and (II) who are independent students, whose adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount. (B) (i) In this paragraph, the term applicable amount means an amount equal to, for any award year beginning after the calendar year that precedes the calendar year in which the first award year of the program under this section begins, the greater of— (I) the amount determined under this subparagraph for the preceding award year, or (II) an amount equal to the product of— (aa) $125,000, and (bb) the ratio of— (AA) the national average wage index (as defined in section 209(k)(1) of the Social Security Act ( 42 U.S.C. 409(k)(1) )) for the calendar year preceding the calendar year in which the applicable award year begins, to (BB) the national average wage index (as so defined) for 2020. (ii) If any amount determined under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. (4) Maintain State operating expenditures per full-time equivalent student for public institutions of higher education in the State, or operating expenditures per full-time equivalent student for Tribal Colleges and Universities of the eligible Indian entity, excluding the amount of funds provided under this section, at a level that is equal to or exceeds the level of such support for award year 2019–2020. (5) Maintain State expenditures on need-based financial aid programs for enrollment in public institutions of higher education in the State or expenditures on need-based financial aid programs for enrollment in Tribal Colleges and Universities of the eligible Indian entity at a level that is equal to or exceeds the level of such support for award year 2019–2020. (6) Ensure public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity maintain funding for institutional need-based student financial aid in an amount that is equal to or exceeds the level of such support for award year 2019–2020. (7) Provide an assurance that not later than 5 years after the first award year for which the grant is awarded, not less than 75 percent of instruction at public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity is provided by tenure-track or tenured faculty. (8) Provide an assurance that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity make it a priority to hire from the existing adjunct, contract, contingent, and non-tenure track or tenured faculty pool for tenure-track or tenured faculty positions. (9) Require that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity provide, for each student enrolled at the institution who receives the maximum Federal Pell Grant award under subpart 1 of part A of title IV, institutional student financial aid (excluding student loans) in an amount equal to 100 percent of the difference between— (A) the cost of attendance at such institution; and (B) the sum of— (i) the amount of the maximum Federal Pell Grant award; and (ii) the student's expected family contribution. (10) Ensure that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity not adopt policies to reduce enrollment. (11) Provide an assurance that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity will not charge out of State students an amount that exceeds the marginal cost of attending institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity. (12) Provide an assurance that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity that charge non-eligible in-State students tuition and required fees, will not charge such students a rate that exceeds the rate for the last year that tuition and required fees were charged to eligible students, increased by the percentage change for subsequent years in the expenditures per full-time equivalent eligible student by the State or eligible entity that is necessary to continue to eliminate tuition and required fees for eligible students. (13) Provide an assurance that public institutions of higher education in the State or Tribal Colleges and Universities of the eligible Indian entity maintain a disability services personnel to enrolled student ratio of 1 to 500, and that such full-time employees be specifically dedicated to serving students with disabilities. (e) Submission and contents of application For each award year for which a State or eligible Indian entity desires a grant under this section, an application shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall be submitted by— (1) in the case of a State, the State agency with jurisdiction over higher education or another agency designated by the Governor or chief executive of the State to administer the program under this section; and (2) in the case of an eligible Indian entity, the eligible Indian entity or a Tribal College or University of the eligible Indian entity. (f) Use of funds (1) In general A State or eligible Indian entity that receives a grant under this section shall use the grant funds and the non-Federal share funds required under this section— (A) to eliminate tuition and required fees for all eligible students at community colleges in the State or at 2-year Tribal Colleges and Universities of the eligible Indian entity; and (B) to eliminate tuition and required fees for working class and middle class eligible students, as described in subsection (d)(3), at public 4-year institutions of higher education in the State or 4-year Tribal Colleges and Universities of the eligible Indian entity. (2) Additional funding Once tuition and required fees have been eliminated pursuant to paragraph (1), a State or eligible Indian entity that receives a grant under this section shall use any remaining grant funds and non-Federal share funds required under this section to reduce the cost of attendance and increase the quality of instruction and student support services at public institutions of higher education in the State or at Tribal Colleges and Universities of the eligible Indian entity by carrying out any of the following: (A) Providing additional non-loan aid to students, which may include need-based student financial aid, to reduce or eliminate the cost of attendance for a public institution of higher education or a Tribal College or University beyond eliminating tuition and required fees. (B) Expanding academic course offerings and high-quality occupational skills training programs to students. (C) Increasing the number and percentage of full-time instructional faculty, including full-time tenure and tenure-track instructional faculty. (D) Providing all faculty with professional supports to help students succeed, such as professional development opportunities, office space, and shared governance in the institution. (E) Compensating part-time faculty for work done outside of the classroom relating to instruction, such as holding office hours. (F) Strengthening and ensuring all students have access to student support services such as academic advising, counseling, and tutoring. (G) Expanding access to dual or concurrent enrollment programs and early college high school programs. (H) Establishing prison education programs in partnership with local or State correctional facilities. (I) Any other additional activities that improve instructional quality and academic outcomes for students as approved by the Secretary through a peer review process. (3) Prohibition A State or eligible Indian entity that receives a grant under this section may not use grant funds or non-Federal share funds required under this section— (A) for the construction of a nonacademic facility, such as a student center or stadium; (B) for merit-based student financial aid; (C) for need-based student financial aid (except to the extent funds available under subsection (c)(5) are used to carry out paragraph (2)(A)); (D) to pay the salaries or benefits of school administrators; (E) for capital outlays or deferred maintenance; or (F) for expenditures on athletics other than activities open to all members of the campus community. (g) Authorization of appropriations (1) In general There are authorized to be appropriated, and there are appropriated, to carry out this section— (A) such sums as may be necessary for the fourth quarter of fiscal year 2021; and (B) such sums as may be necessary for each of the fiscal years 2022 through 2030. (2) Availability of funds Funds made available pursuant to paragraph (1)(A) shall be available for obligation from October 1, 2021 to September 30, 2022. Funds made available pursuant to subparagraph (B) or (C) of paragraph (1) shall be available for obligation through September 30 of the fiscal year succeeding the fiscal year for which such sums were appropriated. 902. Grant program for private historically black colleges and universities and private minority-serving institutions (a) Definitions Except as otherwise provided, in this section: (1) Community college The term community college has the meaning given the term in section 901. (2) Eligible institution (A) In general Except as provided in subparagraph (D), the term eligible institution means a private, nonprofit 2-year institution or 4-year institution that— (i) is— (I) a part B institution (as defined in section 322); (II) a Hispanic-serving institution (as defined in section 502); (III) a Tribal College or University (as defined in section 316) whose entity responsible for the governance, operation, or control of the College or University has not received a grant under section 901; (IV) an Alaska Native-serving institution or a Native Hawaiian-serving institution (as defined in section 317(b)); (V) a Predominantly Black institution (as defined in section 371(c)); (VI) an Asian American and Native American Pacific Islander-serving institution (as defined in section 371(c)); or (VII) a Native American-serving nontribal institution (as defined in section 371(c)); (ii) ensures that tuition and required fees for eligible students enrolled in the institution are eliminated during any period for which the institution receives a grant under this section; (iii) maintains expenditures on instruction per a full-time equivalent eligible student at levels that meet or exceed the expenditures on instruction per a full-time equivalent eligible student for award year 2019–2020; (iv) maintains expenditures on need-based financial aid programs for students enrolled at the institution at a level that meets or exceeds the level of such support for award year 2019–2020; (v) provides an assurance that the institution will increase the amount of instruction provided by tenured or tenure-track faculty; and (vi) does not adopt policies to reduce enrollment. (B) 2-year institution The term 2-year institution means an institution at which the credential that is predominantly awarded to students is at the sub-baccalaureate level. (C) 4-year institution The term 4-year institution means an institution that is not a 2-year institution. (D) Exception (i) In general An eligible institution as described in subparagraph (A) shall not be an eligible institution for purposes of this section for the period described in clause (ii) if such institution was a for-profit institution at any time that converted to a nonprofit institution. (ii) Period of ineligibility An institution described under clause (i) shall not be an eligible institution for purposes of this section for a period of 25 years from the date the institution converted from a for-profit institution to a nonprofit institution or 25 years after the date of enactment of this Act, whichever period is longer. (3) Eligible student (A) In general The term eligible student means a student enrolled in an eligible institution who has not obtained a baccalaureate degree or a higher degree and— (i) for the first award year of the program under this section, if the student— (I) is a dependent student, the student's parents' adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; or (II) is an independent student, the student's adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than $125,000; and (ii) for each award year after the first award year of the program under this section, if the student— (I) is a dependent student, the student's parents' adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount; and (II) is an independent student, the student's adjusted gross income for the taxable year that is 1 year prior to the taxable year that ends immediately prior to the beginning of the award year is equal to or less than the applicable amount. (B) Applicable amount (i) In general In this paragraph, the term applicable amount means an amount equal to, for any award year beginning after the calendar year that precedes the calendar year in which the first award year of the program under this section begins, the greater of— (I) the amount determined under this subparagraph for the preceding award year, or (II) an amount equal to the product of— (aa) $125,000, and (bb) the ratio of— (AA) the national average wage index (as defined in section 209(k)(1) of the Social Security Act ( 42 U.S.C. 409(k)(1) )) for the calendar year preceding the calendar year in which the applicable award year begins, to (BB) the national average wage index (as so defined) for 2020. (ii) Rounded If any amount determined under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. (4) Full-time equivalent eligible students The term full-time equivalent eligible students means the sum of the number of eligible students projected to enroll full time at an institution for an award year, plus the full-time equivalent of the number of eligible students projected to be enrolled part time (determined on the basis of the quotient of the sum of the credit hours of all part-time eligible students divided by 12) at such institution, for such award year. (5) Public 4-year institution of higher education The term public 4-year institution of higher education has the meaning given the term in section 901. (b) Authorization of grant program (1) In general From amounts appropriated under subsection (e), the Secretary shall award grants, from allotments under paragraph (2), to eligible institutions having applications approved under subsection (c), to enable the eligible institutions to eliminate tuition and required fees for eligible students. (2) Allotments Subject to paragraph (3), the Secretary shall allot, for each award year, to each eligible institution having an application approved under subsection (c), an amount that is equal to the product of— (A) tuition and required fees for eligible students at the eligible institution for the award year, and (B) the number of full-time equivalent eligible students projected to enroll in the eligible institution for the award year. (3) Limitations (A) Limitations on institutional allotments In making allotments under paragraph (2) for an award year, the Secretary shall not award an allotment that is— (i) with respect to an eligible institution that operates in a State that has eliminated tuition and required fees as described in paragraphs (2) and (3) of section 901(d) for the preceding award year, more than the amount equal to the product of— (I) the number of projected full-time equivalent eligible students for the award year; and (II) the expenditures per full-time equivalent eligible student, including the Federal allotment and non-Federal share, under section 901 for the preceding award year for the State (or, in the case of a State that did not receive a grant under such section for the preceding award year, the amount needed to eliminate tuition and required fees for full-time equivalent eligible students in the State, calculated in the same manner as such amount is calculated under section 901(c) for the preceding award year for the State), at— (aa) if the eligible institution is a 2-year institution, community colleges in the State in which the institution operates; or (bb) if the eligible institution is a 4-year institution, public 4-year institutions of higher education in the State in which the institution operates; and (ii) with respect to an eligible institution that operates in a State that has not eliminated tuition and required fees as described in paragraphs (2) and (3) of section 901(d) for the preceding award year, more than the amount equal to the product of— (I) the number of projected full-time equivalent eligible students for the award year; and (II) the average tuition and required fees for the preceding award year at— (aa) if the eligible institution is a 2-year institution, public 2-year institutions of higher education in the State in which the institution operates; or (bb) if the eligible institution is a 4-year institution, public 4-year institutions of higher education in the State in which the institution operates. (B) Limitations on tuition hikes (i) First award year For the first award year for which an eligible institution applies for a grant under this section, such eligible institution shall not increase tuition and required fees at a rate that is greater than any annual increase in tuition and required fees at the eligible institution for the 5 years preceding such first award year. (ii) Succeeding award years (I) In general For each award year after the first award year for which an eligible institution receives a grant under this section, such eligible institution shall not increase tuition and required fees for eligible students from the preceding award year at a rate that is greater than the percentage increase in the Employment Cost Index for the award year for which the grant is received, as compared to the Employment Cost Index for the award year preceding the award year for which the grant is received. (II) Employment cost index In this subparagraph, the term Employment Cost Index , when used with respect to an award year, means the Employment Cost Index for total compensation for private industry workers by bargaining status and census region and division (not seasonally adjusted) of the division in which the eligible entity is located, as provided by the Bureau of Labor Statistics of the Department of Labor, that is provided for the December that immediately precedes the start of the award year. (4) Actual enrollment figures (A) In general By not later than November 1 of the second award year for which an eligible institution receives a grant under this section, such eligible institution shall report to the Secretary its actual full-time equivalent eligible students figure for the preceding award year. (B) Adjustments If the actual full-time equivalent eligible students figure for the preceding award year reported under subparagraph (A)— (i) exceeds the projected enrollment that was used for determining the allotment under subparagraph (2)(B) for the preceding award year, notwithstanding any other provision of this Act, the allotment for the award year in which the November 1 date falls for the eligible institution shall be increased to reflect such actual enrollment, which figure shall be increased by the Gross Domestic Product Price Index of the State in which the eligible institution operates; or (ii) is below the projected enrollment that was used for determining the allotment under subparagraph (2)(B) for the preceding award year, notwithstanding any other provision of this Act, the allotment for the award year in which the November 1 date falls for the eligible institution shall be decreased to reflect such actual enrollment, which figure shall be increased by the average interest rate on 5-year United States Treasury securities issued during the preceding award year. (c) Application An eligible institution that desires to receive a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Prohibition An eligible institution that receives a grant under this section may not use grant funds under this section— (1) for the construction of a nonacademic facility, such as a student center or stadium; (2) for merit-based or need-based student financial aid; (3) to pay the salaries or benefits of school administrators; (4) for capital outlays or deferred maintenance; or (5) for expenditures on athletics other than activities open to all members of the campus community. (e) Authorization of appropriations There are authorized to be appropriated, and there are appropriated, to carry out this section— (1) such sums as may be necessary for the fourth quarter of fiscal year 2021; and (2) such sums as may be necessary for each of the fiscal years 2022 through 2031. . II Federal Pell Grant improvements 201. Federal Pell Grant improvements (a) Mandatory funding Section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ) is amended— (1) in subsection (a)(1), by striking through fiscal year 2017 ; (2) in subsection (b)— (A) by striking paragraph (1); (B) by striking subparagraph (A) of paragraph (2); (C) by redesignating subparagraph (B) of paragraph (2) as paragraph (2); (D) by inserting before paragraph (2) (as redesignated by subparagraph (C)) the following: (1) Amount The amount of the Federal Pell Grant for a student eligible under this subpart shall be— (A) the maximum Federal Pell Grant described in paragraph (7); less (B) the amount equal to the amount determined to be the expected family contribution with respect to such student for such year. ; (E) in paragraph (4), by striking maximum amount of a Federal Pell Grant award determined under paragraph (2)(A) and inserting maximum Federal Pell Grant described in paragraph (7) ; (F) in paragraph (5), by striking maximum amount of a Federal Pell Grant award determined under paragraph (2)(A) and inserting maximum amount of a Federal Pell Grant award described in paragraph (7) ; (G) by striking paragraph (7) and inserting the following: (7) Maximum Federal Pell Grant (A) Award year 2021–2022 For award year 2021–2022, the maximum Federal Pell Grant shall be— (i) in the case of an eligible student who is in attendance at an institution of higher education described in section 101 or a Tribal College or University described in section 316(b)(3), $12,990; or (ii) in the case of an eligible student who is in attendance at an institution of higher education not described in clause (i), $6,495. (B) Subsequent award year For award year 2022–2023, the maximum Federal Pell Grant shall be equal to the total maximum Federal Pell Grant for award year 2021–2022 (applicable to the institution at which the eligible student is in attendance) under this paragraph— (i) increased by the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and (ii) rounded to the nearest $5. (C) Definition of annual adjustment percentage In this paragraph, the term annual adjustment percentage, as applied to an award year, is equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year. ; and (H) in paragraph (8)(B), by striking may exceed and all that follows through the period and inserting may exceed the maximum Federal Pell Grant available for an award year. ; (3) in subsection (c)(5)— (A) by striking shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation and inserting shall not exceed 7 years and 6 months ; and (B) by striking only that same fraction of such semester or equivalent and inserting only that same fraction of such year ; (4) in subsection (e), by striking Any disbursement allowed to be made by crediting the student's account shall be limited to tuition and fees and, in the case of institutionally owned housing, room and board. The student may elect to have the institution provide other such goods and services by crediting the student's account. and inserting Payments under this section may be used by the student for living and non-tuition expenses. ; (5) in subsection (f)— (A) in paragraph (1), by striking the matter preceding subparagraph (A) and inserting the following: After receiving an application for a Federal Pell Grant under this subpart, the Secretary (including any contractor of the Secretary processing applications for Federal Pell Grants under this subpart) shall, in a timely manner, furnish to the student financial aid administrator at each institution of higher education that a student awarded a Federal Pell Grant under this subpart is attending, the expected family contribution for each such student. Each such student financial administrator shall— ; and (B) in paragraph (3)— (i) by striking after academic year 1986–1987 ; and (ii) in paragraph (3), by striking the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and ; (6) by striking subsections (g) and (h); (7) by redesignating subsections (i) and (j) as subsections (g) and (h), respectively; and (8) by adding at the end the following: (k) Appropriation of funds There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year to provide the maximum Federal Pell Grant for which a student shall be eligible under this section during an award year. . (b) Repeal of scoring requirement Section 406 of H. Con. Res. 95 (109th Congress) is amended— (1) by striking subsection (b); and (2) by striking (a) In general .—Upon and inserting the following: Upon . (c) Amendment to the FAFSA Simplification Act (1) In general Section 401 of the Higher Education Act of 1965, as amended by section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended— (A) in subsection (b), by striking paragraphs (5), (6), and (7) and inserting the following: (5) Maximum Federal Pell Grant (A) In general For award year 2023–2024, and each subsequent award year, the total maximum Federal Pell Grant shall be equal to the total maximum Federal Pell Grant for the preceding award year (applicable to the institution at which the eligible student is in attendance)— (i) increased by the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; and (ii) rounded to the nearest $5. (B) Definition of annual adjustment percentage In this paragraph, the term annual adjustment percentage, as applied to an award year, is equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary, using the definition in section 478(f)) for the most recent calendar year ending prior to the beginning of that award year. (6) Appropriation of funds There are authorized to be appropriated, and there are appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2023 and each subsequent fiscal year to provide the maximum Federal Pell Grant for which a student shall be eligible under this section during an award year. (7) No effect on previous appropriations The amendments made to this section by the FAFSA Simplification Act shall not— (A) increase or decrease the amounts that have been appropriated or are available to carry out this section for fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 as of the day before the effective date of such Act; or (B) extend the period of availability for obligation that applied to any such amount, as of the day before such effective date. ; (B) in subsection (d)(5)(A), by striking shall not exceed 12 semesters, or the equivalent of 12 semesters, as determined by the Secretary by regulation and inserting shall not exceed 7 years and 6 months ; (C) in subsection (f), by striking Any disbursement allowed to be made by crediting the student’s account shall be limited to tuition and fees, and food and housing if that food and housing is institutionally owned or operated. The student may elect to have the institution provide other such goods and services by crediting the student’s account. and inserting Payments under this section may be used by the student for living and non-tuition expenses. ; (D) by striking subsections (g) and (h); and (E) by redesignating subsections (i) and (j) as subsections (g) and (h), respectively. (2) Effective date The amendments made by paragraph (1) shall take effect as if included in section 703 of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and subject to the effective date of section 701(b) of such Act. (d) Federal Pell Grant eligibility for Dreamer students (1) In general Section 484 of the Higher Education Act of 1965 ( 20 U.S.C. 1091 ) is amended— (A) in subsection (a)(5), by inserting , or be a Dreamer student, as defined in subsection (u) after becoming a citizen or permanent resident ; and (B) by adding at the end the following: (u) Dreamer students (1) In general In this section, the term Dreamer student means an individual who— (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school that the student attended in the United States; and (C) (i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; (iii) at any time was eligible for a grant of deferred action under— (I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children ; or (II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents ; or (iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement of paragraph (1)(C). . (2) Amendment to the FAFSA Simplification Act (A) In general Section 484 of the Higher Education Act of 1965, as amended by section 702(n)(1)(A) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by adding at the end the following: (u) Dreamer students (1) In general In this section, the term Dreamer student means an individual who— (A) was younger than 16 years of age on the date on which the individual initially entered the United States; (B) has provided a list of each secondary school that the student attended in the United States; and (C) (i) has earned a high school diploma, the recognized equivalent of such diploma from a secondary school, or a high school equivalency diploma in the United States or is scheduled to complete the requirements for such a diploma or equivalent before the next academic year begins; (ii) has acquired a degree from an institution of higher education or has completed not less than 2 years in a program for a baccalaureate degree or higher degree at an institution of higher education in the United States and has made satisfactory academic progress, as defined in subsection (c), during such time period; (iii) at any time was eligible for a grant of deferred action under— (I) the June 15, 2012, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children ; or (II) the November 20, 2014, memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children and with Respect to Certain Individuals Who Are the Parents of U.S. Citizens or Permanent Residents ; or (iv) has served in the uniformed services, as defined in section 101 of title 10, United States Code, for not less than 4 years and, if discharged, received an honorable discharge. (2) Hardship exception The Secretary shall issue regulations that direct when the Department shall waive the requirement of subparagraph (A) or (B), or both, of paragraph (1) for an individual to qualify as a Dreamer student under such paragraph, if the individual— (A) demonstrates compelling circumstances for the inability to satisfy the requirement of such subparagraph (A) or (B), or both; and (B) satisfies the requirement of paragraph (1)(C). . (B) Effective date The amendment made by subparagraph (A) shall take effect as if included in section 702(n)(1)(A) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) and subject to the effective date of section 701(b) of such Act. (e) Full exclusion from gross income for Pell Grants (1) In general Section 117(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Special rule for Pell grants Amounts received under a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq.) shall be treated as an amount received as a qualified scholarship notwithstanding whether such amount was used for qualified tuition and related expenses. . (2) Effective date The amendment made by this subsection shall apply to amounts received in taxable years beginning after the date of the enactment of this Act. III Equity Grants 301. Pell Bonus Title III of the Higher Education Act of 1965 ( 20 U.S.C. 1051a et seq.) is amended by adding at the end the following: H Equity grants 399A. Equity grants (a) In general The Secretary shall award grants to eligible institutions to enable the eligible institutions to invest in support programs with the goal of improving student outcomes. (b) Eligible institutions In this section: (1) In general The term eligible institution means— (A) an under-funded institution; or (B) a— (i) part B institution (as defined in section 322); (ii) Hispanic-serving institution (as defined in section 502); (iii) Tribal College or University (as defined in section 316); (iv) Alaska Native-serving institution (as defined in section 317(b)); (v) Native Hawaiian-serving institution (as defined in section 317(b)); (vi) Predominantly Black Institution (as defined in section 318); (vii) Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b)); or (viii) Native American-serving, nontribal institution (as defined in section 319). (2) Under-funded institution The term under-funded institution means a public 2-year institution of higher education or public 4-year institution of higher education that receives less than the national average State appropriations per full-time equivalent students. (c) Applications An eligible institution that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including, if the eligible institution is an under-funded institution— (1) an assurance that the State in which the institution is located will provide a non-Federal share of funds for an award year from non-Federal sources in an amount that is equal to 25 percent of the amount required to carry out the activities described in this section; and (2) a description of how the State in which the institution is located will prioritize spending for under-funded institutions in the State and close gaps in State appropriations per full-time equivalent students in institutions in the State described in subsection (b)(1)(B). (d) Grant amounts The Secretary shall award a grant under this section to an eligible institution in an amount based on the number of students enrolled at the institution who receive a Federal Pell Grant. (e) Use of grant funds An eligible institution that receives a grant under this section shall use the grant funds exclusively to invest in support programs with the goal of improving student outcomes such as attendance, grades, and graduation rates, including through— (1) making investments in reforming remedial education; (2) making investments in academic advisors, mental health counselors, trauma-informed care, and tutors; and (3) reducing class sizes. (f) Goals The Secretary shall set goals on student outcomes for eligible institutions that receive grants under this section. (g) Progress The Secretary shall track progress in improving student outcomes for eligible institutions that receive grants under this section, including conducting independent evaluations of support programs funded under this section. (h) Supplement, no supplant An eligible institution that receives a grant under this section shall use the grant funds to supplement, and not supplant, any non-Federal funds available to improve student outcomes. (i) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) such sums as may be necessary for the fourth quarter of fiscal year 2021; (2) $10,000,000,000 for fiscal year 2022; and (3) such sums as may be necessary for each of the following fiscal years. . IV Increasing support for students 401. Increasing success for low-income and first generation students (a) Authorization of appropriations for federal TRIO programs Section 402A(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(g) ) is amended by inserting after the first sentence the following: For the purpose of making grants and contracts under this chapter, there are authorized to be appropriated $3,000,000,000 for fiscal year 2022, and such sums as may be necessary for each of fiscal years 2023 through 2031. . (b) Authorization of appropriations for GEAR UP programs Section 404H of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–28 ) is amended by striking $400,000,000 and all that follows through the period and inserting $736,000,000 for fiscal year 2022, and such sums as may be necessary for each of fiscal years 2023 through 2025. . V Snyder Act 501. Rule of construction regarding the Snyder Act Nothing in this Act, or an amendment made by this Act, shall be construed to change or abrogate the Federal Government’s responsibilities under the Act of November 2, 1921 (commonly known as the Snyder Act ) ( 25 U.S.C. 13 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1288is/xml/BILLS-117s1288is.xml |
117-s-1289 | II 117th CONGRESS 1st Session S. 1289 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Cantwell introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL A bill to amend the Marine Mammal Protection Act of 1972 to reauthorize and modify the John H. Prescott Marine Mammal Rescue Assistance Grant Program, and for other purposes.
1. Short title This Act may be cited as the Marine Mammal Research and Response Act of 2021 . 2. Data collection and dissemination Section 402 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421a ) is amended— (1) in subsection (b)— (A) in paragraph (1)(A), by inserting or entangled after stranded ; (B) in paragraph (3)— (i) by striking strandings, and inserting strandings and entanglements, including unusual mortality events, ; (ii) by inserting stranding before region ; and (iii) by striking marine mammals; and and inserting marine mammals and entangled marine mammals to allow comparison of the causes of illness and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and biological environmental parameters; and ; and (C) in paragraph (4), by striking analyses, that would allow comparison of the causes of illness and deaths in stranded marine mammals with physical, chemical, and biological environmental parameters. and inserting analyses. ; and (2) by striking subsection (c) and inserting the following: (c) Information required To be submitted and collected (1) In General After each response to a stranding or entanglement event, the Secretary shall collect (including from any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require each stranding network participant who responds to that stranding or entanglement to submit to the Administrator of the National Oceanic and Atmospheric Administration— (A) data on the stranding event, including NOAA Form 89–864 (OMB #0648–0178), NOAA Form 89–878 (OMB #0648–0178), similar successor forms, or similar information in an appropriate format required by the United States Fish and Wildlife Service for species under its management authority; (B) supplemental data to the data described in subparagraph (A), which may include, as available, relevant information about— (i) weather and tide conditions; (ii) offshore human, predator, or prey activity; (iii) morphometrics; (iv) behavior; (v) health assessments; (vi) life history samples; or (vii) stomach and intestinal contents; and (C) data and results from laboratory analysis of tissues, which may include, as appropriate and available— (i) histopathology; (ii) toxicology; (iii) microbiology (iv) virology; or (v) parasitology. (2) Timeline A stranding network participant shall submit— (A) the data described in paragraph (1)(A) not later than 30 days after the date of a response to a stranding or entanglement event; (B) the compiled data described in paragraph (1)(B) not later than 30 days after the date on which the data is available to the stranding network participant; and (C) the compiled data described in paragraph (1)(C) not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network participant. (d) Availability of data (1) In general The Secretary shall develop a program to make information, including any data and metadata collected under paragraphs (3) or (4) of subsection (b) or subsection (c), available to researchers, stranding network participants, and the public— (A) to improve real-time coordination of response to stranding and entanglement events across geographic areas and between stranding coordinators; (B) to identify and quickly disseminate information on potential public health risks; (C) to facilitate integrated interdisciplinary research; (D) to facilitate peer-reviewed publications; (E) to archive regional data into 1 national database for future analyses; and (F) for education and outreach activities. (2) Access to data The Secretary shall ensure that any data or metadata collected under subsection (c)— (A) by staff of the National Oceanic and Atmospheric Administration that responded directly to a stranding or entanglement event is available to the public through the Health MAP and the Observation System not later than 30 days after that data or metadata is collected by, available to, or reported to the Secretary; and (B) by a stranding network participant that responded directly to a stranding or entanglement event is made available to the public through the Health MAP and the Observation System 2 years after the date on which that data is submitted to the Secretary under subsection (c). (3) Exceptions (A) Written release Notwithstanding paragraph (2)(B), the Secretary may make data described in paragraph (2)(B) publicly available earlier than 2 years after the date on which that data is submitted to the Secretary under subsection (c), if the stranding network participant has completed a written release stating that such data may be made publicly available. (B) Law enforcement Notwithstanding paragraph (2), the Secretary may withhold data for a longer period than the period of time described in paragraph (2) in the event of a law enforcement action or legal action that may be related to that data. (e) Standards The Secretary, in consultation with the marine mammal stranding community, shall— (1) make publicly available guidance about uniform data and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily accessible and understandable to the public through the Health MAP and the Observation System; and (2) periodically update such guidance. (f) Management policy In collaboration with the regional stranding networks, the Secretary shall develop, and periodically update, a data management and public outreach collaboration policy for stranding or entanglement events. . 3. Stranding or entanglement response agreements (a) In general Section 403 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421b ) is amended— (1) in the section heading by inserting or entanglement before response ; (2) in subsection (a), by striking the period at the end and inserting or entanglement. ; and (3) in subsection (b)— (A) in paragraph (1), by striking and after the semicolon; (B) in paragraph (2), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (3) include a description of the data management and public outreach policy established under section 402(f). . (b) Table of contents amendment The table of contents in the first section of the Marine Mammal Protection Act of 1972 ( Public Law 92–522 ; 86 Stat. 1027) is amended by striking the item related to section 403 and inserting the following: Sec. 403. Stranding or entanglement response agreements. . 4. Unusual mortality event activity funding Section 405 the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421d ) is amended— (1) by striking subsection (b) and inserting the following: (b) Uses Amounts in the Fund— (1) shall be available only for use by the Secretary, in consultation with the Secretary of the Interior, and dispersed among claimants based on budgets approved by the Secretary prior to expenditure— (A) to make advance, partial, or progress payments under contracts or other funding mechanisms for property, supplies, salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b) or under the direction of an Onsite Coordinator for an unusual mortality event designated under section 404(a)(2)(B)(iii); (B) for reimbursing any stranding network participant for costs incurred in the collection, preparation, analysis, and transportation of marine mammal tissues and samples collected with respect to an unusual mortality event for the Tissue Bank; and (C) for the care and maintenance of a marine mammal seized under section 104(c)(2)(D); and (2) shall remain available until expended. ; and (2) in subsection (c)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) not more than $250,000 per year, as determined by the Secretary of Commerce, from sums collected as fines, penalties, or forfeitures of property by the Secretary of Commerce for violations of any provision of this Act; and (5) sums received from emergency declaration grants for marine mammal conservation. . 5. Liability Section 406(a) of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421e(a) ) is amended, in the matter preceding paragraph (1)— (1) by inserting or entanglement after to a stranding ; and (2) by striking government and inserting Government . 6. National Marine Mammal Tissue Bank and tissue analysis Section 407 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421f ) is amended— (1) in subsection (c)(2)(A), by striking the health of marine mammals and and inserting marine mammal health and mortality and the health of ; and (2) in subsection (d), in the matter preceding paragraph (1), by inserting public before access . 7. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund (a) In general Section 408 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421f–1 ) is amended— (1) by striking the section heading and inserting Marine Mammal Rescue and Response Grant Program and Rapid Response Fund ; (2) by striking subsections (a) through (d) and subsections (f) through (h); (3) by redesignating subsection (e) as subsection (f); and (4) by inserting before subsection (f), as redesignated by paragraph (3), the following: (a) Definitions In this section: (1) Emergency assistance (A) In General The term emergency assistance means— (i) financial assistance provided to respond to, or that results from, a stranding event or entanglement event that— (I) causes an immediate increase in the cost of a response, recovery, or rehabilitation that is greater than the usual cost of a response, recovery, or rehabilitation; (II) is cyclical or endemic; or (III) involves a marine mammal that is out of the normal range for that marine mammal; or (ii) financial assistance provided to respond to, or that results from, a stranding event or an entanglement event that the appropriate Secretary or State or Tribal government considers to be an emergency. (B) Exclusions The term emergency assistance does not include financial assistance to respond to an unusual mortality event. (2) Secretary The term Secretary has the meaning given that term in section 3(12)(A). (3) Stranding region The term stranding region means a geographic region designated by the applicable Secretary for purposes of administration of this title. (b) John H. Prescott Marine Mammal Rescue and Response Grant Program (1) In general Subject to the availability of appropriations or other funding, the applicable Secretary shall carry out a grant program, to be known as the John H. Prescott Marine Mammal Rescue and Response Grant Program (referred to in this section as the grant program ), to award grants to eligible stranding network participants or stranding network collaborators, as described in this subsection. (2) Purposes The purposes of the grant program are to provide for— (A) the recovery, care, or treatment of sick, injured, or entangled marine mammals; (B) responses to marine mammal stranding events that require emergency assistance; (C) the collection of data and samples from living or dead stranded marine mammals for scientific research or assessments regarding marine mammal health; (D) facility operating costs that are directly related to activities described in subparagraph (A), (B), or (C); and (E) development of stranding network capacity, including training for emergency response, where facilities do not exist or are sparse. (3) Contract, grant, and cooperative agreement authority (A) In general The applicable Secretary may enter into a contract, grant, or cooperative agreement with any eligible stranding network participant or stranding network collaborator, as the Secretary determines to be appropriate, for the purposes described in paragraph (2). (B) Emergency award flexibility Following a request for emergency award flexibility and analysis of the merits of and necessity for such a request, the applicable Secretary may— (i) amend any contract, grant, or cooperative agreement entered into under this paragraph, including provisions concerning the period of performance; or (ii) waive the requirements under subsection (f) for grant applications submitted during the provision of emergency assistance. (4) Equitable distribution of funds (A) In general The Secretary shall ensure, to the extent practicable, that funds awarded under the grant program are distributed equitably among the stranding regions. (B) Considerations In determining priorities among the stranding regions under this paragraph, the Secretary may consider— (i) equitable distribution within the stranding regions, including the sub regions (including, but not limited to, the Gulf of Mexico); (ii) any episodic stranding, entanglement, or mortality events, except for unusual mortality events, that occurred in any stranding region in the preceding year; (iii) any data with respect to average annual stranding, entanglements, and mortality events per stranding region; (iv) the size of the marine mammal populations inhabiting a stranding region; (v) the importance of the region’s marine mammal populations to the well-being of indigenous communities; and (vi) the conservation of protected, depleted, threatened, or endangered marine mammal species. (C) Strandings For the purposes of this program, priority is to be given to applications focusing on marine mammal strandings. (5) Application To be eligible for a grant under the grant program, a stranding network participant shall— (A) submit an application in such form and manner as the applicable Secretary prescribes; and (B) be in compliance with the data reporting requirements under section 402(d) and any applicable reporting requirements of the United States Fish and Wildlife Service for species under its management jurisdiction. (6) Grant criteria The Secretary shall, in consultation with the Marine Mammal Commission, a representative from each of the stranding regions, and other individuals who represent public and private organizations that are actively involved in rescue, rehabilitation, release, scientific research, marine conservation, and forensic science with respect to stranded marine mammals under that Department's jurisdiction, develop criteria for awarding grants under their respective grant programs. (7) Limitations (A) Maximum grant amount No grant made under the grant program for a single award may exceed $150,000 in any 12-month period. (B) Unexpended funds Any funds that have been awarded under the grant program but that are unexpended at the end of the 12-month period described in subparagraph (A) shall remain available until expended. (8) Administrative costs and expenses The Secretary's administrative costs and expenses related to reviewing and awarding grants under the grant program, in any fiscal year may not exceed the greater of— (A) 6 percent of the amounts made available each fiscal year to carry out the grant program; or (B) $80,000. (9) Transparency The Secretary shall make publicly available a list of grant proposals for the upcoming fiscal year, funded grants, and requests for grant flexibility under this subsection. (c) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund (1) In general There is established in the Treasury of the United States an interest-bearing fund, to be known as the Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund (referred to in this section as the Rapid Response Fund ). (2) Use of Funds Amounts in the Rapid Response Fund shall be available only for use by the Secretary to provide emergency assistance. (d) Authorization of appropriations (1) In general (A) Authorization of appropriations There is authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2021 through 2026, to remain available until expended, of which for each fiscal year— (i) $6,000,000 shall be made available to the Secretary of Commerce; and (ii) $1,000,000 shall be made available to the Secretary of the Interior. (B) Derivation of funds Funds to carry out the activities under this section shall be derived from amounts authorized to be appropriated pursuant to subparagraph (A) that are enacted after the date of enactment of the Marine Mammal Research and Response Act of 2021 . (2) Joseph R. Geraci Marine Mammal Rescue and Rapid Response Fund There is authorized to be appropriated to the Rapid Response Fund $500,000 for each of fiscal years 2021 through 2026. (e) Acceptance of donations For the purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. . (b) Table of contents amendment The table of contents in the first section of the Marine Mammal Protection Act of 1972 ( Public Law 92–522 ; 86 Stat. 1027) (as amended by section 3(b)) is amended by striking the item related to section 408 and inserting the following: Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund. . 8. Health MAP (a) In general Title IV of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421 et seq.) is amended by inserting after section 408 the following: 408A. Marine Mammal Health Monitoring and Analysis Platform (Health MAP) (a) In general Not later than 1 year after the date of enactment of the Marine Mammal Research and Response Act of 2021 , the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall— (1) establish a marine mammal health monitoring and analysis platform (referred to in this Act as the Health MAP ); (2) incorporate the Health MAP into the Observation System; and (3) make the Health MAP— (A) publicly accessible through the web portal of the Observation System; and (B) interoperable with other national data systems or other data systems for management or research purposes, as practicable. (b) Purposes The purposes of the Health MAP are— (1) to promote— (A) interdisciplinary research among individuals with knowledge and experience in marine mammal science, marine mammal veterinary and husbandry practices, medical science, and oceanography, and with other marine scientists; (B) timely and sustained dissemination and availability of marine mammal health, stranding, entanglement, and mortality data; (C) identification of spatial and temporal patterns of marine mammal mortality, disease, and stranding; (D) evaluation of marine mammal health in terms of mortality, as well as sublethal marine mammal health impacts; (E) improved collaboration and forecasting of marine mammal and larger ecosystem health events; (F) rapid communication and dissemination of information regarding marine mammal strandings that may have implications for human health, such as those caused by harmful algal blooms; and (G) increased accessibility of data in a user friendly visual interface for public education and outreach; and (2) to contribute to an ocean health index that incorporates marine mammal health data. (c) Requirements The Health MAP shall— (1) integrate in situ, remote, and other marine mammal health, stranding, and mortality data, including visualizations and metadata, collected by marine mammal stranding networks, Federal, State, local, and Tribal governments, private partners, and academia; and (2) be designed— (A) to enhance data and information availability, including data sharing among stranding network participants, scientists, and the public within and across stranding network regions; (B) to facilitate data and information access across scientific disciplines, scientists, and managers; (C) to facilitate public access to national and regional marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through the national and regional data portals of the Observation System; and (D) in collaboration with, and with input from, States and stranding network participants. (d) Procedures and guidelines The Secretary shall establish and implement policies, protocols, and standards for— (1) reporting marine mammal health data collected by stranding networks consistent with subsections (c) and (d) of section 402; (2) promptly transmitting health data from the stranding networks and other appropriate data providers to the Health MAP; (3) disseminating and making publicly available data on marine mammal health, stranding, entanglement, and mortality data in a timely and sustained manner; and (4) integrating additional marine mammal health, stranding, or other relevant data as the Secretary determines appropriate. (e) Consultation The Administrator of the National Oceanic and Atmospheric Administration shall maintain and update the Health MAP in consultation with the Secretary of the Interior and the Marine Mammal Commission. (f) Contributions For purposes of carrying out this section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further approval or administrative action. . (b) Table of contents amendment The table of contents in the first section of the Marine Mammal Protection Act of 1972 ( Public Law 92–522 ; 86 Stat. 1027) (as amended by section 7(b)) is amended by inserting after the item related to section 408 the following: Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform (Health MAP). . 9. Reports to Congress (a) In general Title IV of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421 et seq.) (as amended by section 8(a)) is amended by inserting after section 408A the following: 408B. Reports to Congress (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress means— (1) the Committee on Commerce, Science, and Transportation of the Senate; (2) the Committee on Natural Resources of the House of Representatives; and (3) the Committee on Science, Space, and Technology of the House of Representatives. (b) Health MAP status report (1) In general Not later than 2 year after the date of enactment of the Marine Mammal Research and Response Act of 2021 , the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary of the Interior, and the National Ocean Research Leadership Council, shall submit to the appropriate committees of Congress a report describing the status of the Health MAP. (2) Requirements The report under paragraph (1) shall include— (A) a detailed evaluation of the data made publicly available through the Health MAP; (B) a detailed list of any gaps in data collected pursuant to the Health MAP, a description of the reasons for those gaps, and recommended actions to close those gaps; (C) an analysis of the effectiveness of using the website of the Observation System as the platform to collect, organize, visualize, archive, and disseminate marine mammal stranding and health data; (D) a list of publications, presentations, or other relevant work product resulting from, or produced in collaboration with, the Health MAP; (E) a description of emerging marine mammal health concerns and the applicability of those concerns to human health; (F) an analysis of the feasibility of the Observation System being used as an alert system during stranding events, entanglement events, and unusual mortality events for the stranding network, Observation System partners, Health MAP partners, Federal and State agencies, and local and Tribal governments; (G) an evaluation of the use of Health MAP data to predict broader ecosystem events and changes that may impact marine mammal or human health and specific examples of proven or potential uses of Observation System data for those purposes; and (H) recommendations for the Health MAP with respect to— (i) filling any identified data gaps; (ii) standards that could be used to improve data quality, accessibility, transmission, interoperability, and sharing; (iii) any other strategies that would contribute to the effectiveness and usefulness of the Health MAP; and (iv) the funding levels needed to maintain and improve the Health MAP. (c) Data gap analysis (1) In general Not later than 5 years after the date on which the report required under subsection (b)(1) is submitted, and every 10 years thereafter, the Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the Secretary of Commerce, shall— (A) make publicly available a report on the data gap analysis described in paragraph (2); and (B) provide a briefing to the appropriate committees of Congress concerning that data gap analysis. (2) Requirements The data gap analysis under paragraph (1) shall include— (A) an overview of existing participants within a marine mammal stranding network; (B) an identification of coverage needs and participant gaps within a network; (C) an identification of data and reporting gaps from members of a network; and (D) an analysis of how stranding and health data are shared and made available to scientists, academics, State, local, and Tribal governments, and the public. (d) Marine mammal response capabilities in the Arctic (1) In general Not later than 1 year after the date of enactment of the Marine Mammal Research and Response Act of 2021 , the Administrator of the National Oceanic and Atmospheric Administration, the Director of the United States Fish and Wildlife Service, and the Director of the United States Geologic Survey, in consultation with the Marine Mammal Commission and the Secretary of the Interior, shall— (A) make publicly available a report describing the response capabilities for sick and injured marine mammals in the Arctic regions of the United States; and (B) provide a briefing to the appropriate committees of Congress on that report. (2) Arctic The term Arctic has the meaning given the term in section 112 of the Arctic Research and Policy Act of 1984 ( 15 U.S.C. 4111 ). (3) Requirements The report under paragraph (1) shall include— (A) a description, developed in consultation with the Fish and Wildlife Service of the Department of the Interior, of all marine mammal stranding agreements in place for the Arctic region of the United States, including species covered, response capabilities, facilities and equipment, and data collection and analysis capabilities; (B) a list of State and local government agencies that have personnel trained to respond to marine mammal strandings in the Arctic region of the United States; (C) an assessment of potential response and data collection partners and sources of local information and knowledge, including Alaska Native people and villages; (D) an analysis of spatial and temporal trends in marine mammal strandings and unusual mortality events that are correlated with changing environmental conditions in the Arctic region of the United States; (E) a description of training and other resource needs to meet emerging response requirements in the Arctic region of the United States; (F) an analysis of oiled marine mammal response and rehabilitation capabilities in the Arctic region of the United States, including personnel, equipment, facilities, training, and husbandry capabilities, and an assessment of factors that affect response and rehabilitation success rates; and (G) recommendations to address future stranding response needs for marine mammals in the Arctic region of the United States. . (b) Table of contents amendment The table of contents in the first section of the Marine Mammal Protection Act of 1972 ( Public Law 92–522 ; 86 Stat. 1027) (as amended by section 8(b)) is amended by inserting after the item related to section 408A the following: Sec. 408B. Reports to Congress. . 10. Authorization of appropriations Section 409 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421g ) is amended— (1) in paragraph (1), by striking 1993 and 1994; and inserting 2021 through 2026; ; (2) in paragraph (2), by striking 1993 and 1994; and inserting 2021 through 2026; ; and (3) in paragraph (3), by striking fiscal year 1993. and inserting for each of fiscal years 2021 through 2026. . 11. Definitions Section 410 of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1421h ) is amended— (1) by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: (1) The term entangle or entanglement means an event in the wild in which a living or dead marine mammal has gear, rope, line, net, or other material wrapped around or attached to the marine mammal and is— (A) on lands under the jurisdiction of the United States, including beaches and shorelines; or (B) in waters under the jurisdiction of the United States, including any navigable waters. ; (3) in paragraph (2) (as so redesignated) by striking The term and inserting Except as used in section 408, the term ; (4) by inserting after paragraph (2) (as so redesignated) the following: (3) The term Health MAP means the Marine Mammal Health Monitoring and Analysis Platform established under section 408A(a)(1). (4) The term Observation System means the National Integrated Coastal and Ocean Observation System established under section 12304 of the Integrated Coastal and Ocean Observation System Act of 2009 ( 33 U.S.C. 3603 ). . 12. Study on marine mammal mortality (a) In General Not later than 12 months after the date of enactment of this Act, the Undersecretary of Commerce for Oceans and Atmosphere shall, in consultation with the Secretary of the Interior and the Marine Mammal Commission, conduct a study evaluating the connections among marine heat waves, frequency and intensity of harmful algal blooms, prey availability, and habitat degradation, and the impacts of these conditions on marine mammal mortality. (b) Report The Undersecretary of Commerce for Oceans and Atmosphere, in consultation with the Secretary of the Interior and the Marine Mammal Commission, shall prepare, post to a publicly available website, and brief the appropriate committees of Congress on, a report containing the results of the study described in subsection (a). The report shall identify priority research activities, opportunities for collaboration, and current gaps in effort and resource limitations related to advancing scientific understanding of how ocean heat waves, harmful algae blooms, availability of prey, and habitat degradation impact marine mammal mortality. The report shall include recommendations for policies needed to mitigate and respond to mortality events. | https://www.govinfo.gov/content/pkg/BILLS-117s1289is/xml/BILLS-117s1289is.xml |
117-s-1290 | II 117th CONGRESS 1st Session S. 1290 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Duckworth (for herself, Ms. Collins , Mr. King , Mr. Sanders , Mr. Markey , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To assist communities affected by stranded nuclear waste, and for other purposes.
1. Short title This Act may be cited as the Sensible, Timely Relief for America's Nuclear Districts' Economic Development Act of 2021 or the STRANDED Act of 2021 . 2. Findings Congress finds that— (1) in 1982, Congress authorized the Secretary of Energy and the Chairman of the Nuclear Regulatory Commission to safely manage and dispose of the most highly radioactive nuclear waste of the United States, a responsibility that includes— (A) removing spent nuclear fuel from commercial nuclear power plants for a fee; and (B) transporting the spent fuel to— (i) a permanent geological repository; or (ii) an interim storage facility before permanent disposal; (2) for more than 30 years, nuclear power plants have operated in good faith that the Federal Government would establish a permanent geological repository; (3) communities affected by stranded nuclear waste are in fact interim nuclear waste storage sites; (4) the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 et seq.)— (A) directed the Secretary to make annual impact assistance payments to States or appropriate units of local government to mitigate the social and economic impacts of the establishment and operation of interim nuclear waste storage capacity within the jurisdictional boundaries of an affected community; and (B) established the rate for impact assistance payments at $15 per kilogram of spent nuclear fuel; (5) decommissioning a commercial nuclear power plant is often catastrophic for the host community because nuclear power plants are major employers and the primary source of local tax revenue; (6) stranded nuclear waste is a profound obstacle to future economic growth, deterring potential employers and residents from considering the host community; (7) stranded nuclear waste prevents economic development in communities in which the stranded nuclear waste is located; and (8) it is critical to provide resources to communities that— (A) are challenged by stranded nuclear waste; or (B) will be challenged by stranded nuclear waste during the 10-year period beginning on the date of enactment of this Act. 3. Definitions In this Act: (1) Academy The term Academy means the National Academy of Sciences. (2) Affected community The term affected community means a unit of local government, including a county, city, town, village, school district, or special district, that contains stranded nuclear waste within the boundaries of the unit of local government, as determined by the Secretary. (3) Eligible civilian nuclear power plant The term eligible civilian nuclear power plant means a nuclear power plant that— (A) has been decommissioned; or (B) is in the process of being decommissioned. (4) Secretary The term Secretary means the Secretary of Energy. (5) Stranded nuclear waste The term stranded nuclear waste means nuclear waste or spent nuclear fuel stored in dry casks or spent fuel pools at a decommissioned or decommissioning nuclear facility. 4. Innovative solutions prize competition (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ) a competitive prize competition (referred to in this section as the prize competition ) to award prizes for proposals for affected communities to carry out alternatives to nuclear facilities, generating sites, and waste sites. (b) Prize board (1) Establishment There is established an advisory board (referred to in this section as the Board ) to advise the Secretary on— (A) the design and implementation of the prize competition; and (B) the development of each pilot project under subsection (d). (2) Composition The Board shall be composed of not fewer than 9 members appointed by the Secretary— (A) who shall provide expertise in— (i) nuclear waste; (ii) workforce issues; (iii) technology development; and (iv) economic development; and (B) who may include representatives from— (i) the National Laboratories; (ii) nonprofit organizations; and (iii) institutions of higher education. (c) Award amount An award under the prize competition shall be in the amount of $500,000. (d) Pilot project (1) In general The Secretary, in consultation with the Board, shall develop a pilot project based on each proposal for which a prize is awarded under the prize competition. (2) Funding Of the amounts made available under section 8, the Secretary may use $500,000 to carry out each pilot project under paragraph (1). (e) Report Not later than 60 days after the date on which a prize is awarded under the prize competition, the Secretary shall submit to the relevant committees of Congress a report that describes the proposal for which the prize was awarded. 5. Stranded Nuclear Waste Task Force (a) Establishment The Secretary shall establish a task force, to be known as the Stranded Nuclear Waste Task Force — (1) to conduct a study on existing public and private resources and funding for which affected communities may be eligible; and (2) to develop immediate and long-term economic adjustment plans tailored to the needs of each affected community. (b) Study Not later than 180 days after the date of enactment of this Act, the Stranded Nuclear Waste Task Force shall complete and submit to Congress the study described in subsection (a). 6. Economic impact grants (a) Establishment Not later than 60 days after the date of enactment of this Act, the Secretary shall establish and carry out a noncompetitive grant program to provide financial assistance to units of local government within the jurisdictional boundary of which an eligible civilian nuclear power plant is located to offset the economic and social impacts of stranded nuclear waste in affected communities. (b) Eligibility A unit of local government that is an affected community shall be eligible to receive a grant under this section for a fiscal year. (c) Awards (1) Amount The amount of a grant awarded under subsection (a) shall be equal to $15 for each kilogram of spent nuclear fuel stored at the eligible civilian nuclear power plant in the affected community. (2) Number and frequency With respect to each eligible civilian nuclear power plant, the Secretary may only award 1 grant under subsection (a) to each eligible unit of local government for each fiscal year. 7. Annual report Not later than 1 year after the date of enactment of this Act, and annually thereafter through fiscal year 2026, the Secretary shall submit to Congress a report that— (1) describes and evaluates the progress and effectiveness of— (A) the prize competition established under section 4(a); (B) each pilot project established under section 4(d); and (C) the grant program established under section 6(a); and (2) provides recommendations for legislative, regulatory, or other changes to improve the prize competition, pilot projects, or grant program described in paragraph (1), as applicable. 8. Authorization of appropriations (a) In general There is authorized to be appropriated to the Secretary to carry out this Act $175,000,000 for each of fiscal years 2022 through 2026. (b) No offset None of the funds made available under this section may be used to offset the funding for any other Federal program. | https://www.govinfo.gov/content/pkg/BILLS-117s1290is/xml/BILLS-117s1290is.xml |
117-s-1291 | II 117th CONGRESS 1st Session S. 1291 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Peters (for himself, Mr. Lankford , Mr. Moran , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for a standard record of service on active duty for members of the reserve components of the Armed Forces, and for other purposes.
1. Short title This Act may be cited as the Record of Military Service for Members of the Armed Forces Act of 2021 . 2. Record of military service for members of the Armed Forces (a) Standard record of service required Chapter 59 of title 10, United States Code, is amended by inserting after section 1168 the following new sections: 1168a. Discharge or release: record of military service (a) Record of service required (1) In general The Secretary of Defense shall establish and implement a standard record of military service for all members of the active and reserve components of the armed forces to encompass all duty under this title and titles 32, and 14. (2) Designation The record of service shall be known as the Certificate of Military Service . (b) Nature and scope The record of service required by subsection (a) shall— (1) consist of a standardized summary of the service on active duty, inactive duty, annual training, active duty for training, and State active duty in the armed forces of each member who serves in the armed forces; (2) be the same document for all members of the armed forces; and (3) replace and serve the same function as a discharge certificate or certificate of release from active duty for purposes of section 1168 of this title that is performed as of the date of the enactment of this Act by Department of Defense Form DD–214. (c) Coordination In carrying out this section, the Secretary of Defense shall coordinate with all applicable stakeholders, including the Secretary of Veterans Affairs, in order to ensure that the record of service required by subsection (a) serves as acceptable proof of military service for receipt of applicable benefits under the laws administered by such stakeholders. . (b) Issuance to members of reserve components Chapter 59 of such title, as amended by subsection (a), is further amended by inserting after section 1168a the following new section: 1168b. Record of military service: issuance to members of reserve components An up-to-date record of service (as provided for by section 1168a of this title) shall be issued to members of the reserve components of the armed forces as follows: (1) Upon permanent change to duty status (retirement, resignation, Expiration Term of Service, commissioning to officer/warrant officer, or permanent transfer to active duty). (2) Upon discharge or release from temporary active duty orders (minimum of 90 days on orders or 30 days for a contingency operation). (3) Upon promotion to each grade (starting at O–3 for commissioned officers, W–3 for warrant officers, and E–4 for enlisted members). (4) In the case of a member of the National Guard, upon any transfer to the National Guard of another State or territory (commonly referred to as an Interstate Transfer ). . (c) Conforming amendments related to current discharge certificate authorities (1) In general Subsection (a) of section 1168 of title 10, United States Code, is amended— (A) by striking his discharge certificate or certificate of release from active duty, respectively, and his final pay and inserting the member’s record or military service (as provided for by section 1168a of this title), and the member’s final pay ; and (B) by striking him or his and inserting the member or the member’s . (2) Heading amendment The heading of such section 1168 is amended to read as follows: 1168. Discharge or release from active duty: limitations; issuance of record of military service . (d) Clerical amendment The table of sections at the beginning of chapter 59 of such title is amended by striking the item relating to section 1168 and inserting the following new items: 1168. Discharge or release from active duty: limitations; issuance of record of military service. 1168a. Discharge or release: record of military service. 1168b. Record of military service: issuance to members of reserve components. . | https://www.govinfo.gov/content/pkg/BILLS-117s1291is/xml/BILLS-117s1291is.xml |
117-s-1292 | II 117th CONGRESS 1st Session S. 1292 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Manchin (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To develop a non-opioid pain management directive indicating to health care professionals and emergency medical services personnel that an individual with respect to whom a form has been executed must not be administered an opioid or offered a prescription for an opioid, and for other purposes.
1. Short title This Act may be cited as the Non-Opioid Directive Act . 2. Non-opioid pain management form (a) In general Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq.) is amended by inserting after section 552 of such Act the following: 553. Non-opioid pain management directive (a) Development of form (1) In general The Secretary shall develop a non-opioid pain management form indicating to health care professionals, providers of services, and emergency medical services personnel that, except as provided in subsection (c) or in rules promulgated by the Secretary under subsection (e), an individual who has executed the form or who has had a form executed on the individual’s behalf must not be administered (with the exception of intraoperative opioid use) an opioid or offered a prescription for an opioid for pain management, including post-surgical pain. (2) Contents of form The Secretary shall include on the non-opioid pain management form instructions on how the form may be revoked and any other information that the Secretary determines relevant. (3) Public availability of form The Secretary shall— (A) make the form available to the public on the website of the Department of Health and Human Services; (B) require each group health plan or health insurance issuer to make the form available to each enrollee; and (C) require each group health plan or health insurance issuer to include a notice of the individual’s choice for non-opioid pain management to health care providers, professionals, and such other entities as the Secretary may require for use during any preauthorization process, including any prior authorization relating to an occupational injury or a workers’ compensation claim. (b) Execution, use, and revocation of form (1) Execution A non-opioid pain management form may be executed by— (A) an individual, on his or her own behalf; or (B) a guardian or patient advocate of an individual on behalf of the individual, in the case of an individual who is a minor or who is incapacitated (as determined by the Secretary). (2) Inclusion in medical record (A) In general If a non-opioid pain management form is executed by or on behalf of an individual and is presented to a health care professional, the health care professional shall make a copy of the form and include the copy in the individual’s medical record. (B) Electronic medical records (i) In general The Secretary shall establish procedures to ensure that any executed form is included in any electronic medical record relating to the individual. (ii) Requirements The procedures established under clause (i) shall— (I) require health care providers and such other entities as the Secretary may specify to include each individual’s choice to exercise a non-opioid pain management directive in a clear part in the medical records in a similar manner as it would display allergies to treatments; (II) if an individual chooses to use the non-opioid directive, permit the individual to report the existence of a non-opioid pain management form to their employer or group health plan or health insurance issuer to serve as notice to the health plan or issuer and any pharmacy benefit manager; and (III) require group health plans and health insurance issuers to provide a copy of the non-opioid pain management form during annual enrollment, specifically asking the individual to opt in or opt out. (3) Revocation (A) By the individual An individual may revoke a non-opioid pain management form executed by themselves at any time and in any manner by which they are able to communicate their intent to revoke the form. (B) By an authorized representative A patient advocate or guardian may revoke a non-opioid pain management form on behalf of an individual at any time by issuing the revocation in writing and providing notice of the revocation to the individual’s health care professional. (4) Notification requirement In the case of a non-opioid pain management form executed by a patient advocate or guardian on behalf of an individual pursuant to paragraph (1)(B), any health care professional who copied and included the form in the individual’s medical record shall notify the patient of such form upon the patient turning 18, or regaining capacity, as applicable. (c) Exception for emergencies (1) In general A health care professional who is authorized to dispense a particular opioid under the Controlled Substances Act and is authorized to dispense controlled substances by the State in which the health care professional practices may administer that opioid to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on their behalf if— (A) the individual is— (i) receiving emergency treatment in a hospital or outside of a hospital; or (ii) receiving the opioid through intraoperative use during surgery; and (B) in the treating health care professional’s opinion, after due consideration of other options and inquiring about a history of opioid use, the administration of the opioid is medically necessary to treat the individual. (2) Provision of information on adverse events, opioid use disorder, and treatment services If an opioid is administered under this subsection, the health care professional shall ensure that the individual is provided with information on adverse events, opioid use disorder, and treatment services of opioid use disorder. (d) Limitation on liability (1) In general Except as otherwise provided by law, the individuals and entities described in paragraph (2) shall not be subject to civil or criminal liability or professional disciplinary action for failing to administer, prescribe, or dispense an opioid, or for the inadvertent administration of an opioid, to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on his or her behalf, if the failure to act or act was done reasonably and in good faith. (2) Individuals and entities described The individuals and entities described in this paragraph are the following: (A) A health care professional whose scope of practice includes the prescribing, administering, or dispensing of a controlled substance. (B) A provider of services. (C) An employee of a health care professional. (D) An employee of a provider of services. (E) Emergency and intraoperative medical services personnel. (e) Regulations The Secretary shall promulgate such rules and regulations as may be required to implement this section, including the following: (1) Procedures to record a non-opioid pain management form in a medical record, including an electronic medical record. (2) Procedures to revoke a non-opioid pain management form. (3) Procedures to ensure that the recording, disclosure, or distribution of data relating to a non-opioid pain management form or the transmission of a non-opioid pain management form complies with State and Federal confidentiality and consent laws, rules, and regulations. (4) Exceptions for administering or prescribing an opioid to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on his or her behalf if the opioid is administered or prescribed to treat the individual for a substance use disorder. (5) Exceptions for administering or prescribing an opioid to an individual who has executed a non-opioid pain management form or who has had a non-opioid pain management form executed on his or her behalf if the individual is a hospice patient. (6) The rules promulgated under this section must allow a health care professional or provider of services to incorporate a non-opioid pain management form into an existing patient form or into other documentation used by the health care professional or provider of services. (f) Definitions In this section: (1) Group health plan; health insurance issuer The terms group health plan and health insurance issuer have the meanings given such terms in section 2791. (2) Guardian The term guardian means a person with the powers and duties to make medical treatment decisions on behalf of a patient to the extent granted by court order. (3) Non-opioid pain management form The term non-opioid pain management form means the non-opioid pain management form developed by the Secretary under subsection (a). (4) Patient advocate The term patient advocate means an individual designated to make medical treatment decisions for a patient. (5) Provider of services The term provider of services has the meaning given such term in section 1861(u) of the Social Security Act. . (b) Effective date Section 553 of the Public Health Service Act, as added by subsection (a), shall take effect on January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s1292is/xml/BILLS-117s1292is.xml |
117-s-1293 | II 117th CONGRESS 1st Session S. 1293 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Kennedy (for himself, Mr. Cotton , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Controlled Substances Act and the Controlled Substances Import and Export Act to modify the offenses relating to fentanyl, and for other purposes.
1. Short title This Act may be cited as the Ending the Fentanyl Crisis Act of 2021 . 2. Controlled Substances Act amendments Section 401(b)(1) of the Controlled Substances Act ( 21 U.S.C. 841(b)(1) ) is amended— (1) in subparagraph (A)(vi)— (A) by striking 400 and inserting 20 ; (B) by striking 100 and inserting 5 ; and (C) by inserting scheduled or unscheduled before analogue of ; and (2) in subparagraph (B)(vi)— (A) by striking 40 and inserting 2 ; (B) by striking 10 and inserting 0.5 ; and (C) by inserting scheduled or unscheduled before analogue of . 3. Controlled Substances Import and Export Act amendments Section 1010(b) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(b) )— (1) in paragraph (1)(F)— (A) by striking 400 and inserting 20 ; (B) by striking 100 and inserting 5 ; and (C) by inserting scheduled or unscheduled before analogue of ; and (2) in paragraph (2)(F)— (A) by striking 40 and inserting 2 ; (B) by striking 10 and inserting 0.5 ; and (C) by inserting scheduled or unscheduled before analogue of . 4. Directive to the Sentencing Commission (a) Definition In this section, the term Commission means the United States Sentencing Commission. (b) Directive to the United States Sentencing Commission Pursuant to the authority of the Commission under section 994(p) of title 28, United States Code, and in accordance with this section, the Commission shall review and amend, if appropriate, the guidelines and policy statements of the Commission applicable to a person convicted of an offense under section 401 of the Controlled Substances Act ( 21 U.S.C. 841 ) or section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) to ensure that the guidelines and policy statements are consistent with the amendments made by sections 2 and 3 of this Act. (c) Emergency authority The Commission shall— (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 ( 28 U.S.C. 994 note), as though the authority under that Act had not expired; and (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. 5. Interdiction of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances (a) Definitions In this section— (1) the term chemical screening device means an immunoassay, narcotics field test kit, infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, or other scientific instrumentation able to collect data that can be interpreted to determine the presence of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances; (2) the term express consignment operator or carrier has the meaning given the term in section 128.1 of title 19, Code of Federal Regulations, or any successor thereto; and (3) the term Postmaster General means the Postmaster General of the United States Postal Service. (b) Interdiction of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances (1) Chemical screening devices The Postmaster General shall— (A) increase the number of chemical screening devices that are available to the United States Postal Service; and (B) make additional chemical screening devices available to the United States Postal Service as the Postmaster General determines are necessary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, including such substances that are imported through the mail or by an express consignment operator or carrier. (2) Personnel to interpret data The Postmaster General shall dedicate the appropriate number of personnel of the United States Postal Service, including scientists, so that those personnel are available during all operational hours to interpret data collected by chemical screening devices. (c) Authorization of appropriations There is authorized to be appropriated to the Postmaster General $9,000,000 to ensure that the United States Postal Service has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances. | https://www.govinfo.gov/content/pkg/BILLS-117s1293is/xml/BILLS-117s1293is.xml |
117-s-1294 | II 117th CONGRESS 1st Session S. 1294 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Van Hollen (for himself and Mr. Sasse ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize the imposition of sanctions with respect to foreign persons that have engaged in significant theft of trade secrets of United States persons, and for other purposes.
1. Short title This Act may be cited as the Protecting American Intellectual Property Act of 2021 . 2. Imposition of sanctions with respect to theft of trade secrets of United States persons (a) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the President shall submit to the appropriate congressional committees a report— (A) identifying any foreign person the President determines, during the period specified in paragraph (2)— (i) has knowingly engaged in, or benefitted from, significant theft of trade secrets of United States persons, if the theft of such trade secrets— (I) occurred on or after such date of enactment; and (II) is reasonably likely to result in, or has materially contributed to, a significant threat to the national security, foreign policy, or economic health or financial stability of the United States; (ii) has provided significant financial, material, or technological support for, or goods or services in support of or to benefit significantly from, such theft; (iii) is an entity that is owned or controlled by, or that has acted or purported to act for or on behalf of, directly or indirectly, any foreign person identified under clause (i) or (ii); or (iv) is a chief executive officer or member of the board of directors of any foreign entity identified under clause (i) or (ii); (B) describing the nature, objective, and outcome of the theft of trade secrets each foreign person described in subparagraph (A)(i) engaged in or benefitted from; and (C) assessing whether any chief executive officer or member of the board of directors described in clause (iv) of subparagraph (A) engaged in, or benefitted from, activity described in clause (i) or (ii) of that subparagraph. (2) Period specified The period specified in this paragraph is— (A) in the case of the first report required by paragraph (1), the period beginning on the date of the enactment of this Act and ending on the date on which the report is required to be submitted; and (B) in the case of each subsequent report required by paragraph (1), the one-year period preceding the date on which the report is required to be submitted. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Authority To impose sanctions (1) Sanctions applicable to entities In the case of a foreign entity identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the President shall impose not less than 5 of the following: (A) Blocking of property The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the entity if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Inclusion on entity list The President may include the entity on the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of the Export Administration Regulations, for activities contrary to the national security or foreign policy interests of the United States. (C) Export-import bank assistance for exports to sanctioned persons The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to the entity. (D) Loans from united states financial institutions The President may prohibit any United States financial institution from making loans or providing credits to the entity totaling more than $10,000,000 in any 12-month period unless the person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (E) Loans from international financial institutions The President may direct the United States executive director to each international financial institution to use the voice and vote of the United States to oppose any loan from the international financial institution that would benefit the entity. (F) Prohibitions on financial institutions The following prohibitions may be imposed against the entity if the entity is a financial institution: (i) Prohibition on designation as primary dealer Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the financial institution as a primary dealer in United States Government debt instruments. (ii) Prohibition on service as a repository of government funds The financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. The imposition of either sanction under clause (i) or (ii) shall be treated as one sanction for purposes of this subsection, and the imposition of both such sanctions shall be treated as 2 sanctions for purposes of this subsection. (G) Procurement sanction The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from the entity. (H) Foreign exchange The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the entity has any interest. (I) Banking transactions The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve any interest of the entity. (J) Ban on investment in equity or debt of sanctioned person The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the entity. (K) Exclusion of corporate officers The President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, the entity. (L) Sanctions on principal executive officers The President may impose on the principal executive officer or officers of the entity, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this paragraph. (2) Sanctions applicable to individuals In the case of an alien identified under subparagraph (A) of subsection (a)(1) in the most recent report submitted under that subsection, the following shall apply: (A) Blocking of property The President shall, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq.), block and prohibit all transactions in all property and interests in property of the alien if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Ineligibility for visas, admission, or parole (i) Visas, admission, or parole An alien described in subparagraph (A) of subsection (a)(1) is— (I) inadmissible to the United States; (II) ineligible to receive a visa or other documentation to enter the United States; and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). (ii) Current visas revoked (I) In general An alien described in subparagraph (A) of subsection (a)(1) is subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued. (II) Immediate effect A revocation under subclause (I) shall— (aa) take effect pursuant to section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ); and (bb) cancel any other valid visa or entry documentation that is in the alien’s possession. (c) National interest waiver The President may waive the imposition of sanctions under subsection (b) with respect to a person if the President— (1) determines that such a waiver is in the national interests of the United States; and (2) not more than 15 days after issuing the waiver, submits to the appropriate congressional committees a notification of the waiver and the reasons for the waiver. (d) Termination of sanctions Sanctions imposed under subsection (b) with respect to a foreign person identified in a report submitted under subsection (a) shall terminate if the President certifies to the appropriate congressional committees, before the termination takes effect, that the person is no longer engaged in the activity identified in the report. (e) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this part or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (f) Exceptions (1) Intelligence activities This section shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (2) Law enforcement activities Sanctions under this section shall not apply with respect to any authorized law enforcement activities of the United States. (3) Exception to comply with international agreements Sanctions under this section shall not apply with respect to the admission of an alien to the United States if such admission is necessary to comply with the obligations of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or other international obligations. (4) Exception relating to importation of goods (A) In general The authority or a requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (g) Definitions In this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence The terms admission , admitted , alien , and lawfully admitted for permanent residence have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (3) Export administration regulations The term Export Administration Regulations means subchapter C of chapter VII of title 15, Code of Federal Regulations. (4) Foreign entity The term foreign entity means an entity that is not a United States person. (5) Foreign person The term foreign person means any person that is not a United States person. (6) Knowingly The term knowingly , with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result. (7) Person The term person means an individual or entity. (8) Trade secret The term trade secret has the meaning given that term in section 1839 of title 18, United States Code. (9) United states person The term United States person means— (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s1294is/xml/BILLS-117s1294is.xml |
117-s-1295 | II 117th CONGRESS 1st Session S. 1295 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Romney (for himself, Mr. Manchin , Mr. Young , Ms. Sinema , Mrs. Capito , Mr. King , Mr. Portman , Mr. Warner , Mr. Cornyn , Mr. Rounds , Mr. Cramer , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To save and strengthen critical social contract programs of the Federal Government.
1. Short title This Act may be cited as the Time to Rescue United States Trusts Act 2021 or the TRUST Act of 2021 . 2. Definitions In this Act: (1) Co-chair The term co-chair means an individual appointed to serve as a co-chair of a Rescue Committee under section 4(a)(4)(C)(i). (2) Critical social contract program The term critical social contract program means a Federal program the Secretary identifies in the report under section 3. (3) Rescue Committee The term Rescue Committee means a committee established under section 4(a). (4) Rescue Committee bill The term Rescue Committee bill means a bill consisting solely of legislative language that a Rescue Committee approves and submits under clauses (i) and (vi), respectively, of section 4(a)(3)(B). (5) Secretary The term Secretary means the Secretary of the Treasury. 3. Identification of critical social contract programs Not later than 14 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that identifies each Federal program— (1) for which a Federal trust fund is established; (2) the amount of outlays of which, for the fiscal year immediately preceding the fiscal year in which this Act is enacted, were not less than $20,000,000,000; and (3) the amount of dedicated Federal funds and Federal trust fund balances that the Secretary determines will be inadequate, on any date during the period beginning on the date of enactment of this Act and ending on the last day of fiscal year 2036, to meet the total amount of outlays of the Federal program that would otherwise be made. 4. Establishment of Rescue Committees (a) Establishment of Rescue Committees (1) Establishment On the date on which the Secretary submits the report under section 3, there shall be established a Rescue Committee for each critical social contract program. (2) Goals The goals of each Rescue Committee shall be to, with respect to the critical social contract program for which the Rescue Committee is established— (A) avoid depletion of the Federal trust fund established for the critical social contract program; (B) provide for the solvency of the Federal trust fund established for the critical social contract program during the 75-year period beginning on the date described in paragraph (1); (C) simplify the critical social contract program to the extent practicable; and (D) otherwise improve the critical social contract program. (3) Duties (A) In general (i) Improving critical social contract programs Each Rescue Committee may develop recommendations and legislative language that will significantly improve the critical social contract program for which the Rescue Committee is established, including by— (I) increasing the duration of positive balances of the Federal trust fund established for the critical social contract program; and (II) to the extent practicable, providing for the solvency of the Federal trust fund established for the critical social contract program during the 75-year period beginning on the date described in paragraph (1). (ii) Recommendations of committees Not later than 60 days after the date described in paragraph (1), each committee of the Senate and the House of Representatives may transmit to the relevant Rescue Committee any recommendations of the committee relating to changes in law to improve the critical social contract program for which the Rescue Committee is established in accordance with the goals of the Rescue Committee described in paragraph (2). (B) Report, recommendations, and legislative language (i) In general Not later than 180 days after the date described in paragraph (1), each Rescue Committee shall meet to consider, and may vote on— (I) a report that contains a detailed statement of the findings, conclusions, and recommendations of the Rescue Committee described in subparagraph (A)(i) and the estimate of the Congressional Budget Office required under paragraph (5)(D)(ii); and (II) legislative language to carry out the recommendations of the Rescue Committee in the report described in subclause (I), which shall include a statement of the economic and budgetary effects of the recommendations during the 75-year period beginning on the date described in paragraph (1). (ii) Advisory nature Any proposed change to the Standing Rules of the Senate or the Rules of the House of Representatives included in a report or legislative language under clause (i) shall be considered to be merely advisory. (iii) Approval of report and legislative language A report and legislative language of a Rescue Committee under clause (i) shall require the approval of a majority of the members of the Rescue Committee, provided that such majority shall be required to include not less than 2 members of each party. (iv) Additional views (I) In general A member of a Rescue Committee who gives notice of an intention to file supplemental, minority, or additional views at the time of the final Rescue Committee vote on the approval of the report and legislative language of the Rescue Committee under clause (i) shall be entitled to 3 days to file those views in writing with the staff director of the Rescue Committee. (II) Inclusion in report Views filed under subclause (I) shall be included in the report of the relevant Rescue Committee under clause (i) and printed in the same volume, or part thereof, and such inclusion shall be noted on the cover of the report, except that, in the absence of timely notice, the report may be printed and transmitted immediately without such views. (v) Report and legislative language to be made public Upon the approval or disapproval of a report and legislative language under clause (i) by a Rescue Committee, the Rescue Committee shall promptly, and not more than 24 hours after the approval or disapproval, make the report, the legislative language, and a record of the vote on the report and legislative language available to the public. (vi) Submission of report and legislative language If a report and legislative language are approved by a Rescue Committee under clause (i), not later than 3 days after the date on which the report and legislative language are made available to the public under clause (v), the Rescue Committee shall submit the report and legislative language to the President, the Vice President, the Speaker of the House of Representatives, and the majority and minority leaders of each House of Congress. (vii) Rule of construction Nothing in this subparagraph shall be construed to prohibit a Rescue Committee from voting on a report and legislative language, or multiple instances thereof, before the deadline described in clause (i). (4) Membership (A) In general Each Rescue Committee shall be composed of 12 members appointed in accordance with subparagraph (B) and with due consideration to chairs and ranking members of the committees and subcommittees of subject matter jurisdiction, as applicable. (B) Appointment Not later than 14 days after the date described in paragraph (1), with respect to each Rescue Committee— (i) the majority leader of the Senate shall appoint 3 individuals from among the Members of the Senate who shall serve as members of the Rescue Committee; (ii) the minority leader of the Senate shall appoint 3 individuals from among the Members of the Senate who shall serve as members of the Rescue Committee; (iii) the Speaker of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives who shall serve as members of the Rescue Committee; and (iv) the minority leader of the House of Representatives shall appoint 3 individuals from among the Members of the House of Representatives who shall serve as members of the Rescue Committee. (C) Co-chairs (i) In general Not later than 14 days after the date described in paragraph (1), with respect to each Rescue Committee— (I) the leadership of the Senate and House of Representatives of the same political party as the President shall appoint 1 individual from among the members of the Rescue Committee who shall serve as a co-chair of the Rescue Committee; and (II) the leadership of the Senate and House of Representatives of the other major political party as the President, shall appoint 1 individual from among the members of the Rescue Committee who shall serve as a co-chair of the Rescue Committee. (ii) Staff director With respect to each Rescue Committee, the co-chairs of the Rescue Committee, acting jointly, shall hire the staff director of the Rescue Committee. (D) Period of appointment (i) In general The members of a Rescue Committee shall be appointed for the life of the Rescue Committee. (ii) Vacancy (I) In general Any vacancy in a Rescue Committee shall not affect the powers of the Rescue Committee, but shall be filled not later than 14 days after the date on which the vacancy occurs, in the same manner as the original appointment was made. (II) Ineligible members If a member of a Rescue Committee ceases to be a Member of the Senate or the House of Representatives, as applicable— (aa) the member shall no longer be a member of the Rescue Committee; and (bb) a vacancy in the Rescue Committee exists. (5) Administration (A) In general With respect to each Rescue Committee, to enable the Rescue Committee to exercise the powers, functions, and duties of the Rescue Committee, there are authorized to be disbursed by the Senate the actual and necessary expenses of the Rescue Committee approved by the co-chairs of the Rescue Committee, subject to the rules and regulations of the Senate. (B) Expenses With respect to each Rescue Committee, in carrying out the functions of the Rescue Committee, the Rescue Committee is authorized to incur expenses in the same manner and under the same conditions as the Joint Economic Committee is authorized under section 11(d) of the Employment Act of 1946 ( 15 U.S.C. 1024(d) ). (C) Quorum With respect to each Rescue Committee, 7 members of the Rescue Committee shall constitute a quorum for purposes of voting, meeting, and holding hearings. (D) Voting (i) Proxy voting No proxy voting shall be allowed on behalf of any member of a Rescue Committee. (ii) Congressional budget office estimates (I) In general The Director of the Congressional Budget Office shall, with respect to the legislative language of a Rescue Committee under paragraph (3)(B)(i)(II), provide to the Rescue Committee— (aa) estimates of the legislative language in accordance with sections 308(a) and 201(f) of the Congressional Budget Act of 1974 ( 2 U.S.C. 639(a) and 601(f)); and (bb) information on the budgetary effect of the legislative language during the 75-year period beginning on the date described in paragraph (1). (II) Limitation A Rescue Committee may not vote on any version of the report, recommendations, or legislative language of the Rescue Committee under paragraph (3)(B)(i) unless the estimates and information described in subclause (I) of this clause are made available for consideration by all members of the Rescue Committee not later than 48 hours before that vote, as certified by the co-chairs of the Rescue Committee. (E) Meetings (i) Initial meeting Not later than 45 days after the date described in paragraph (1), each Rescue Committee shall hold the first meeting of the Rescue Committee. (ii) Agenda For each meeting of each Rescue Committee, the co-chairs of the Rescue Committee shall provide an agenda to the members of the Rescue Committee not later than 48 hours before the meeting. (F) Hearings (i) In general Each Rescue Committee may, for the purpose of carrying out this section, hold such hearings, sit and act at such times and places, require attendance of witnesses and production of books, papers, and documents, take such testimony, receive such evidence, and administer such oaths as the Rescue Committee considers advisable. (ii) Hearing procedures and responsibilities of co-chairs (I) Announcement The co-chairs of each Rescue Committee shall make a public announcement of the date, place, time, and subject matter of any hearing to be conducted under this subparagraph not later than 7 days before the date of the hearing, unless the co-chairs determine that there is good cause to begin such hearing on an earlier date. (II) Written statement A witness appearing before a Rescue Committee shall file a written statement of the proposed testimony of the witness not later than 2 days before the date of the appearance of the witness, unless the co-chairs of the Rescue Committee— (aa) determine that there is good cause for the witness to not file the written statement; and (bb) waive the requirement that the witness file the written statement. (G) Technical assistance Upon written request of the co-chairs of a Rescue Committee, the head of a Federal agency shall provide technical assistance to the Rescue Committee in order for the Rescue Committee to carry out the duties of the Rescue Committee. (b) Staff of Rescue Committee (1) In general The co-chairs of a Rescue Committee may jointly appoint and fix the compensation of staff of the Rescue Committee as the co-chairs determine necessary, in accordance with the guidelines, rules, and requirements relating to employees of the Senate. (2) Ethical standards (A) Senate Members of the Senate who serve on a Rescue Committee and staff of the Rescue Committee shall adhere to the ethics rules of the Senate. (B) House of Representatives Members of the House of Representatives who serve on a Rescue Committee shall be governed by the ethics rules and requirements of the House of Representatives. (c) Termination Each Rescue Committee shall terminate on the day after the date of the sine die adjournment of the 117th Congress. 5. Expedited consideration of Rescue Committee bills (a) Qualifying legislation Only a Rescue Committee bill shall be entitled to expedited consideration under this section. (b) Consideration in the House of Representatives (1) Introduction If a Rescue Committee approves and submits legislative language under clauses (i) and (vi), respectively, of section 4(a)(3)(B), a Rescue Committee bill consisting solely of that legislative language may be introduced in the House of Representatives (by request)— (A) by the majority leader of the House of Representatives, or by a Member of the House of Representatives designated by the majority leader of the House of Representatives, on the next legislative day; or (B) if the Rescue Committee bill is not introduced under subparagraph (A), by any Member of the House of Representatives on any legislative day beginning on the legislative day after the legislative day described in subparagraph (A). (2) Referral and reporting Any committee of the House of Representatives to which a Rescue Committee bill is referred shall report the Rescue Committee bill to the House of Representatives without amendment not later than 10 legislative days after the date on which the Rescue Committee bill was so referred. If a committee of the House of Representatives fails to report a Rescue Committee bill within that period, it shall be in order to move that the House of Representatives discharge the committee from further consideration of the Rescue Committee bill. Such a motion shall not be in order after the last committee authorized to consider the Rescue Committee bill reports it to the House of Representatives or after the House of Representatives has disposed of a motion to discharge the Rescue Committee bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House of Representatives shall proceed immediately to consider the Rescue Committee bill in accordance with paragraphs (3) and (4). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Proceeding to consideration After the last committee authorized to consider a Rescue Committee bill reports it to the House of Representatives or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the Rescue Committee bill in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the Rescue Committee bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (4) Consideration The Rescue Committee bill shall be considered as read. All points of order against the Rescue Committee bill and against its consideration are waived. The previous question shall be considered as ordered on the Rescue Committee bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and 1 motion to limit debate on the Rescue Committee bill. A motion to reconsider the vote on passage of the Rescue Committee bill shall not be in order. (5) Vote on passage The vote on passage of the Rescue Committee bill shall occur not later than 3 legislative days after the date on which the last committee authorized to consider the Rescue Committee bill reports it to the House of Representatives or is discharged. (c) Expedited procedure in the Senate (1) Introduction in the Senate If a Rescue Committee approves and submits legislative language under clauses (i) and (vi), respectively, of section 4(a)(3)(B), a Rescue Committee bill consisting solely of that legislative language may be introduced in the Senate (by request)— (A) by the majority leader of the Senate, or by a Member of the Senate designated by the majority leader of the Senate, on the next day on which the Senate is in session; or (B) if the Rescue Committee bill is not introduced under subparagraph (A), by any Member of the Senate on any day on which the Senate is in session beginning on the day after the day described in subparagraph (A). (2) Committee consideration A Rescue Committee bill introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the Rescue Committee bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 10 session days after the date on which the Rescue Committee bill was so referred. If any committee to which a Rescue Committee bill is referred fails to report the Rescue Committee bill within that period, that committee shall be automatically discharged from consideration of the Rescue Committee bill, and the Rescue Committee bill shall be placed on the appropriate calendar. (3) Proceeding Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Rescue Committee bill is reported or discharged from all committees to which the Rescue Committee bill was referred, for the majority leader of the Senate or the designee of the majority leader to move to proceed to the consideration of the Rescue Committee bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Rescue Committee bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Rescue Committee bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Rescue Committee bill is agreed to, the Rescue Committee bill shall remain the unfinished business until disposed of. All points of order against a Rescue Committee bill and against consideration of the Rescue Committee bill are waived. (4) No amendments An amendment to a Rescue Committee bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the Rescue Committee bill, is not in order. (5) Rulings of the Chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Rescue Committee bill shall be decided without debate. (d) Amendment A Rescue Committee bill shall not be subject to amendment in either the Senate or the House of Representatives. (e) Consideration by the other House (1) In general If, before passing a Rescue Committee bill, a House receives from the other House a Rescue Committee bill consisting of legislative language approved by the same Rescue Committee as the Rescue Committee bill in the receiving House— (A) the Rescue Committee bill of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no Rescue Committee bill had been received from the other House until the vote on passage, when the Rescue Committee bill received from the other House shall supplant the Rescue Committee bill of the receiving House. (2) Revenue measures This subsection shall not apply to the House of Representatives if a Rescue Committee bill received from the Senate is a revenue measure. (f) Rules To coordinate action with other House (1) Treatment of Rescue Committee bill of other House If a Rescue Committee bill is not introduced in the Senate or the Senate fails to consider a Rescue Committee bill under this section, the Rescue Committee bill of the House of Representatives consisting of legislative language approved by the same Rescue Committee as the Rescue Committee bill in the Senate shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the Senate If, following passage of a Rescue Committee bill in the Senate, the Senate then receives from the House of Representatives a Rescue Committee bill approved by the same Rescue Committee and consisting of the same legislative language as the Senate-passed Rescue Committee bill, the House-passed Rescue Committee bill shall not be debatable. The vote on passage of the Rescue Committee bill in the Senate shall be considered to be the vote on passage of the Rescue Committee bill received from the House of Representatives. (3) Vetoes If the President vetoes a Rescue Committee bill, consideration of a veto message in the Senate under this paragraph shall be 10 hours equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate. 6. Funding Funding for each Rescue Committee shall be derived in equal portions from— (1) the contingent fund of the Senate from the appropriations account Miscellaneous Items , subject to the rules and regulations of the Senate; and (2) the applicable accounts of the House of Representatives. 7. Rulemaking The provisions of this Act are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and, as such, the provisions— (A) shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply; and (B) shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. | https://www.govinfo.gov/content/pkg/BILLS-117s1295is/xml/BILLS-117s1295is.xml |
117-s-1296 | II 117th CONGRESS 1st Session S. 1296 IN THE SENATE OF THE UNITED STATES April 21, 2021 Mr. Brown (for himself, Ms. Ernst , Mr. Whitehouse , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require a pilot program on activities under the Transition Assistance Program for a reduction in suicide among veterans, and for other purposes.
1. Short title This Act may be cited as the Daniel J. Harvey Jr. and Adam Lambert Improving Servicemember Transition to Reduce Veteran Suicide Act . 2. Pilot program on activities under the Transition Assistance Program for a reduction in suicide among veterans (a) Pilot program required The Secretary of Defense and the Secretary of Veterans Affairs shall jointly carry out a pilot program to assess the feasibility and advisability of providing the module described in subsection (b) and the services described in subsection (c) as part of the Transition Assistance Program for members of the Armed Forces participating in the Transition Assistance Program as a means of reducing the incidence of suicide among veterans. (b) Module The module described in this subsection is a three-hour module under the Transition Assistance Program for each member of the Armed Forces participating in the pilot program that includes the following: (1) An in-person meeting between the cohort of the member and a social worker in which the social worker— (A) counsels the cohort on specific potential risks confronting members after discharge or release from the Armed Forces, including loss of community or a support system, isolation from family, friends, or society, identity crisis in the transition from military to civilian life, vulnerability viewed as a weakness, need for empathy, self-medication and addiction, importance of sleep and exercise, homelessness, and reasons why veterans attempt and complete suicide; (B) counsels members of the cohort who have been diagnosed with physical, psychological, or neurological issues, such as post-traumatic stress disorder, traumatic brain injury, adverse childhood experiences, depression, and bipolar disorder, on— (i) the potential risks for such members from such issues after discharge or release; and (ii) the resources and treatment options afforded to members for such issues through the Department of Veterans Affairs, the Department of Defense, and non-profit organizations; (C) counsels the cohort about the resources afforded to victims of military sexual trauma through the Department of Veterans Affairs; and (D) counsels the cohort about the five stages of grieving, the manner in which members might experience grieving during the transition from military to civilian life, and the resources afforded to them for grieving through the Department of Veterans Affairs. (2) The provision to each cohort member of contact information for a counseling or other appropriate facility of the Department of Veterans Affairs in the locality in which such member intends to reside after discharge or release. (3) The submittal by cohort members to the Department of Veterans Affairs (including both the Veterans Health Administration and the Veterans Benefits Administration) of their medical records in connection with service in the Armed Forces, whether or not such members intend to file a claim with the Department for benefits with respect to any service-connected disability. (c) Services The services described in this subsection in connection with the Transition Assistance Program for each member of the Armed Forces participating in the pilot program are the following: (1) Not later than 90 days after the discharge or release of the member from the Armed Forces, a contact of the member by a social worker or behavioral health coordinator from the Department of Veterans Affairs to schedule a follow-up appointment with a social worker or behavioral health provider at the facility applicable to the member under subsection (b)(2) to occur not later than 90 days after such contact. (2) During the appointment scheduled pursuant to paragraph (1)— (A) an assessment of the member to determine the experiences of the member with events during service in the Armed Forces that could lead, whether individually or cumulatively, to physical, psychological, or neurological issues, including issues described in subsection (b)(1)(B); and (B) the development of a medical treatment plan for the member, including treatment for issues identified pursuant to the assessment under subparagraph (A). (d) Locations (1) In general The pilot program shall be carried out at not fewer than 10 Transition Assistance Centers of the Department of Defense that serve not fewer than 300 members of the Armed Forces annually that are jointly selected by the Secretary of Defense and the Secretary of Veterans Affairs for purposes of the pilot program. (2) Members served The centers selected under paragraph (1) shall, to the extent practicable, be centers that, whether individually or in aggregate, serve all the Armed Forces and both the regular and reserve components of the Armed Forces. (e) Selection and commencement The Secretary of Defense and the Secretary of Veterans Affairs shall jointly select the locations of the pilot program under subsection (d)(1) and commence carrying out activities under the pilot program by not later than 120 days after the date of the enactment of this Act. (f) Duration (1) In general The duration of the pilot program shall be five years. (2) Continuation If the Secretary of Defense and the Secretary of Veterans Affairs recommend in the report under subsection (g) that the pilot program be extended beyond the date otherwise provided by paragraph (1), the Secretaries may jointly continue the pilot program for such period beyond such date as the Secretaries jointly consider appropriate. (g) Reports (1) In general Not later than one year after the date of the enactment of this Act, and every 180 days thereafter during the duration of the pilot program, the Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to Congress a report on the activities under the pilot program. (2) Elements Each report required by paragraph (1) shall include the following: (A) A description of the members of the Armed Forces who participated in the pilot program during the 180-day period ending on the date of such report, broken out by the following: (i) Sex. (ii) Branch of the Armed Forces in which served. (iii) Diagnosis of, or other symptoms consistent with, military sexual trauma, post-traumatic stress disorder, traumatic brain injury, depression, or bipolar disorder in connection with service in the Armed Forces. (B) A description of the activities under the pilot program during such period. (C) An assessment of the benefits of the activities under the pilot program during such period to veterans and family members of veterans. (D) An assessment whether the activities under the pilot program as of the date of such report have reduced the incidence of suicide among members who participated in the pilot program within one year of discharge or release from the Armed Forces. (E) Such recommendations as the Secretary of Defense and the Secretary of Veterans Affairs jointly consider appropriate regarding expansion of the pilot program, extension of the pilot program, or both. (h) Transition Assistance Program defined In this section, the term Transition Assistance Program means the program of assistance and other transitional services carried out pursuant to section 1144 of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1296is/xml/BILLS-117s1296is.xml |
117-s-1297 | II 117th CONGRESS 1st Session S. 1297 IN THE SENATE OF THE UNITED STATES April 21, 2021 Ms. Rosen (for herself, Mrs. Hyde-Smith , and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Innovation and Opportunity Act to create a new national program to support mid-career workers, including workers from underrepresented populations, in reentering the STEM workforce, by providing funding to small- and medium-sized STEM businesses so the businesses can offer paid internships or other returnships that lead to positions above entry level.
1. Short title This Act may be cited as the STEM Restoring Employment Skills through Targeted Assistance, Re-entry, and Training Act or the STEM RESTART Act . 2. Returning skilled workers to the STEM workforce (a) In general Subtitle D of title I of the Workforce Innovation and Opportunity Act is amended— (1) by redesignating section 172 ( 29 U.S.C. 3227 ) as section 173; and (2) by inserting after section 171 the following: 172. Grants to support skilled workers in returning or transitioning to the STEM workforce (a) Findings Congress finds the following: (1) The Brookings Institution expects the coronavirus pandemic will have lasting effects on the labor market and could change the composition of available jobs indefinitely, with the ensuing economic decline ushering in a new era of automation. Employers will likely shed less skilled workers and replace them with higher-skilled technology workers, which increases labor productivity as a recession tapers off. (2) The current pipeline of engineering talent does not include many college graduates from large cohorts of the population. Women represent over 57 percent of college graduates but only 22 percent of the engineers entering the workforce. Within the workforce, only 14 percent of engineers are women. Women also leave the engineering profession in greater numbers than men do. (3) A 2018 Pew Research Center study showed there are wide racial gaps among current STEM workers regarding reasons why so few Black and Hispanic people work in STEM. For example, over 70 percent of Black STEM workers view lack of access to education and discriminatory hiring and promotion practices as reasons there are so few Black men and women in the STEM fields. By comparison, less than 30 percent of White and Asian STEM workers view that lack of access and those practices as barriers to Black people entering the fields. Additionally, 62 percent of Black STEM workers say they have faced discrimination in their jobs compared to just 13 percent of White STEM workers. (4) Among the 25,300,000 United States women ages 25 through 54 with a bachelor’s degree or higher degree in 2017, 4,200,000 were out of the labor force. While some of those women were disabled or retired, the remaining 3,600,000 women may be candidates to return to work. (5) The Center for Talent Innovation’s research shows that while 93 percent of women who left the workforce want to resume their careers, only 74 percent manage to get any kind of job at all and just 40 percent successfully return to work full-time. (6) Mid-career internship and other returnship programs are an effective way to address the difficulties of former STEM employees seeking to return to work, as the programs provide a probationary period and also an opportunity to obtain mentorship, professional development, and support as the participants transition back to work. Even more important, returnship programs allow an employer to base a hiring decision on an actual work sample instead of a series of interviews. At the same time, the programs give participants an opportunity to return to work together, in a cohort of similarly situated returners. (7) Fortune 500 companies like Apple, Honeywell, Northrop Grumman, Ingersoll Rand, and The Procter & Gamble Company have taken the initiative to try to close the gender gap among STEM professionals by providing mid-career internships for returning technical professionals. However, a 2008 study by Anthony Breitzman and Diana Hicks for the Office of Advocacy of the Small Business Administration, entitled An Analysis of Small Business Patents by Industry and Firm Size , found that Small firms are much more likely to develop emerging technologies than are large firms. This is perhaps intuitively reasonable given theories on small firms effecting technological change, but the quantitative data here support this assertion. Specifically, although small firms account for only 8 percent of patents granted, they account for 24 percent of the patents in the top 100 emerging clusters. . (b) Purposes The purposes of this section are to— (1) prioritize expanding opportunities, through high-quality internships or other returnships in STEM fields for unemployed or underemployed workers, particularly workers from underrepresented populations and workers from rural areas, who are mid-career skilled workers seeking to return or transition to in-demand industry sectors or occupations within the STEM workforce, at positions and compensation above entry level; and (2) establish grant funding and other incentives for small-sized and medium-sized companies in in-demand industry sectors or occupations to establish programs that provide on-the-job evaluation, education, and training for mid-career skilled workers described in paragraph (1). (c) Definitions In this section: (1) Medium-sized enterprise The term medium-sized , used with respect to an enterprise, means an entity that employs more than 499 and fewer than 10,000 employees. (2) RESTART grant The term RESTART grant means a grant made under subsection (d). (3) Returnship The term returnship shall mean any internship, apprenticeship, re-entry opportunity, direct hiring opportunity with support, or other similar opportunity designed to provide workers seeking to return or transition to the STEM workforce with positions that— (A) are above entry level; (B) provide salaries, stipends, or other payments, and benefits, that are above entry level; and (C) provide training that leads workers toward full-time careers and provides pathways toward advancement and leadership. (4) Rural area The term rural area means an area that is not an urban area (within the meaning of the notice of final program criteria entitled Urban Area Criteria for the 2010 Census (76 Fed. Reg. 53030 (August 24, 2011))). (5) Small-sized enterprise The term small-sized , used with respect to an enterprise, means an entity that employs more than 49 and fewer than 500 individuals. (6) STEM The term STEM has the meaning given the term in section 2 of the America COMPETES Reauthorization Act of 2010 ( 42 U.S.C. 6621 note). (7) Underrepresented population The term underrepresented population means a group that is underrepresented in science and engineering, as determined by the Secretary of Education under section 637.4(b) of title 34, Code of Federal Regulations (as in effect on the date of enactment of this Act). (8) Unemployed or underemployed individual The term unemployed or underemployed individual means— (A) an unemployed or underemployed individual as defined by the Bureau of Labor Statistics; and (B) a displaced or furloughed worker. (d) Grant (1) In general From the amounts made available to carry out this section, the Secretary shall award grants, on a competitive basis, to eligible entities, to carry out returnship programs that provide opportunities above entry level in STEM fields for mid-career skilled workers, and achieve the purposes described in subsection (b). (2) Periods The Secretary shall award the grants for an initial period of not less than 3 years and not more than 5 years. (3) Amounts In awarding grants under this subsection, the Secretary shall award a grant— (A) for a small-sized enterprise, in an amount so that each annual payment for the grant is not less than $100,000 or more than $1,000,000; and (B) for a medium-sized enterprise or consortium, in an amount so that each annual payment for the grant is not less than $500,000 or more than $5,000,000. (e) Eligibility (1) Eligible entities To be eligible to receive a RESTART grant under this section, an entity shall— (A) (i) be located in the United States and have significant operations and employees within the United States; (ii) not be a debtor in a bankruptcy proceeding, within the meaning of section 4003(c)(3)(D)(i)(V) of the CARES Act ( 15 U.S.C. 9042(c)(3)(D)(i)(V) ) or under a State bankruptcy law; and (iii) be within an in-demand industry sector or occupation in a STEM field; and (B) be— (i) a small-sized enterprise; (ii) a medium-sized enterprise; or (iii) a consortium of small-sized or medium-sized enterprises. (2) Eligible providers (A) In general An eligible entity that desires to partner with a provider in order to carry out a returnship program under this section shall enter into an arrangement with an eligible provider. (B) Provider To be eligible to enter into such an arrangement, a provider— (i) may or may not directly employ skilled workers in STEM fields but— (I) shall have expertise in human resources-related activities, such as identifying or carrying out staffing with skilled workers or underrepresented populations; and (II) shall be capable of providing high-quality education and training services; and (ii) may be— (I) (aa) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); or (bb) a non-degree-granting institution that is governed by the same body that governs an institutions of higher education described in item (aa); (II) a public, private for-profit, or private nonprofit service provider, approved by the local board; (III) a joint labor-management organization; (IV) an eligible provider of adult education and literacy activities under title II; or (V) an established nonprofit organization that conducts research or provides training on technical, social and emotional, and employability skills and knowledge aligned to the needs of adult learners and workers. (f) Applications (1) In general To be eligible to receive a RESTART grant to carry out a returnship program, an entity shall submit an application to the Secretary at such time and in such manner as the Secretary may reasonably require. (2) Contents Such an application shall include— (A) a description of the demand for skilled workers in STEM fields and how the RESTART grant will be used to help meet that demand; (B) a description of how the program will lead to employment of unemployed or underemployed individuals, particularly workers from underrepresented populations or from rural areas, who seek to return or transition to the STEM workforce; (C) if the entity has entered into or plans to enter into an arrangement with an eligible provider as described in subsection (e)(2) to carry out a returnship program, information identifying the eligible provider, and a description of how the arrangement will help the entity build the knowledge and skills of skilled workers participating in the program; (D) a description of how the eligible entity will develop and establish, or expand, a returnship program that adds to the number of full-time employees employed by the entity, but does not displace full-time employees currently (as of the date of submission of the application) employed by the entity; (E) an assurance that any new or existing returnship program developed and established, or expanded, with the grant funds will last for at least 10 weeks and provide compensation to participants in the form of a salary, stipend, or other payment, and benefits, that are offered to full-time employees with equivalent experience and expertise, such as health care or child care benefits; and (F) if the returnship program leads to a recognized postsecondary credential, information on the quality of the program that leads to the credential. (3) Priority In making grants under this section, the Secretary shall give priority to entities who are proposing programs that prioritize returnships for workers from underrepresented populations or from rural areas. (g) Use of funds (1) In general An entity that receives a grant under this section shall use the grant funds to carry out a returnship program, of not less than 10 weeks, through which the entity provides for— (A) the education and training of returnship participants; and (B) the services of existing employees (as of the date the program begins) of the entity who are working with returnship participants in an educational, training, or managerial role, to maximize the retention rate and effectiveness of the returnship program. (2) Specific uses The grant funds may be used— (A) to pay for the evaluation, and entry into the program, and education and training of returnship participants, including payment for the duration of the program for the participants for— (i) equipment, travel, and (as necessary) housing; (ii) mentorship and career counseling; and (iii) salaries, stipends, or payments, and benefits, described in subsection (f)(2)(E); (B) to supplement, and not supplant, the compensation of those existing employees of the entity who are directly supporting a returnship program through the work described in paragraph (1)(B); and (C) to enter into an arrangement with an eligible provider to carry out a returnship program. (3) Existing employees Not more than 20 percent of the grant funds may be used to provide compensation for the existing employees performing the work described in paragraph (1)(B). (4) Coordination with State workforce boards An entity that receives a grant under this section shall coordinate activities with the State workforce development board established under section 101, to ensure collaboration and alignment of workforce programs. (h) Reporting and evaluation requirements (1) Report to the secretary An entity that receives a grant under this section for a returnship program shall prepare, certify the contents of, and submit to the Secretary an annual report containing data regarding— (A) the total number of the participants, and the number of such participants disaggregated by sex, race, and ethnicity; (B) the total number of the participants transitioned into full-time employment, and the number of such transitioned participants disaggregated by sex, race, and ethnicity; and (C) if the returnship program includes participants in an internship, the conversion rate of the internship participants to employees, for the total number of those participants and the conversion rate of those participants disaggregated by sex, race, and ethnicity. (2) Evaluation and report by the secretary Not later than 180 days after receiving the annual reports from grant recipients under paragraph (1), the Secretary shall— (A) (i) prepare a report that presents the data collected through the reports, including data disaggregated by sex, race, and ethnicity, and an evaluation based on that data of the best practices for effectively implementing returnship (including internship) programs; and (ii) submit the 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 (B) post information on a website on best practices described in subparagraph (A)(i). (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026. . (b) Table of contents The table of contents in section 1(b) of the Workforce Innovation and Opportunity Act is amended— (1) by redesignating the item relating to section 172 as the item relating to section 173; and (2) by inserting after the item relating to section 171 the following: Sec. 172. Grants to support skilled workers in returning or transitioning to the STEM workforce. . | https://www.govinfo.gov/content/pkg/BILLS-117s1297is/xml/BILLS-117s1297is.xml |
117-s-1298 | II 117th CONGRESS 1st Session S. 1298 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Wyden (for himself, Ms. Stabenow , Mr. Schumer , Ms. Cantwell , Mr. Carper , Mr. Cardin , Mr. Bennet , Mr. Whitehouse , Ms. Hassan , Ms. Cortez Masto , Mrs. Feinstein , Mr. Durbin , Ms. Klobuchar , Mrs. Shaheen , Mrs. Gillibrand , Mr. Blumenthal , Mr. Schatz , Ms. Hirono , Mr. Heinrich , Mr. Kaine , Mr. Booker , Mr. Van Hollen , Ms. Smith , Ms. Baldwin , Ms. Rosen , Mr. Leahy , Mr. King , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide tax incentives for increased investment in clean energy.
1. Short title; etc (a) Short title This Act may be cited as the Clean Energy for America Act . (b) Amendment of 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; etc. TITLE I—Incentives for Clean Electricity Sec. 101. Clean electricity production credit. Sec. 102. Clean electricity investment credit. Sec. 103. Extensions, modifications, and terminations of various energy provisions. TITLE II—Incentives for Clean Transportation Sec. 201. Clean fuel production credit. Sec. 202. Transportation electrification. Sec. 203. Temporary extensions of existing fuel incentives. TITLE III—Incentives for Energy Efficiency Sec. 301. Credit for new energy efficient residential buildings. Sec. 302. Energy efficient home improvement credit. Sec. 303. Enhancement of energy efficient commercial buildings deduction. Sec. 304. Enhancement of energy credit for geothermal heat pumps. TITLE IV—Clean electricity and fuel bonds Sec. 401. Clean energy bonds. TITLE V—Termination of certain fossil fuel provisions Sec. 501 Termination of provisions relating to oil, gas, and other materials. TITLE VI—Workforce development requirements Sec. 601. Use of qualified apprentices. I Incentives for Clean Electricity 101. Clean electricity production credit (a) In general Subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new section: 45U. Clean electricity production credit (a) Amount of credit For purposes of section 38, the clean electricity production credit for any taxable year is an amount equal to the product of— (1) 1.5 cents, multiplied by (2) the kilowatt hours of electricity— (A) produced by the taxpayer at a qualified facility, and (B) (i) sold by the taxpayer to an unrelated person during the taxable year, or (ii) in the case of a qualified facility which is equipped with a metering device which is owned and operated by an unrelated person, sold, consumed, or stored by the taxpayer during the taxable year. (b) Qualified facility (1) In general (A) Definition Subject to subparagraphs (B), (C), and (D), the term qualified facility means a facility— (i) which is used for the generation of electricity, (ii) which is originally placed in service after December 31, 2022, (iii) for which the greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero, and (iv) in the case of any facility with a total nameplate capacity equal to or greater than 1 megawatt, which— (I) satisfies the requirements under paragraph (3), and (II) with respect to the construction of such facility, satisfies the requirements under section 601 of the Clean Energy for America Act . (B) 10-year production credit For purposes of this section, a facility shall only be treated as a qualified facility during the 10-year period beginning on the date the facility was originally placed in service. (C) Expansion of facility; incremental production A qualified facility shall include either of the following in connection with a facility described in subparagraph (A)(i) that was placed in service before January 1, 2023, but only to the extent of the increased amount of electricity produced at the facility by reason of the following: (i) A new unit placed in service after December 31, 2022. (ii) Any efficiency improvements or additions of capacity placed in service after December 31, 2022. (D) Coordination with other credits The term qualified facility shall not include any facility for which a credit determined under section 45, 45J, 48, or 48D is allowed under section 38 for the taxable year or any prior taxable year. (2) Greenhouse gas emissions rate (A) In general For purposes of this section, the term greenhouse gas emissions rate means the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity, expressed as grams of CO 2 e per KWh. (B) Fuel combustion and gasification In the case of a facility which produces electricity through combustion or gasification, the greenhouse gas emissions rate for such facility shall be equal to the net rate of greenhouse gases emitted into the atmosphere by such facility (taking into account lifecycle greenhouse gas emissions, as described in section 211(o)(1)(H) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(H) )) in the production of electricity, expressed as grams of CO 2 e per KWh. (C) Establishment of emissions rates for facilities (i) In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish greenhouse gas emissions rates for types or categories of facilities, which a taxpayer shall use for purposes of this section. (ii) Publishing emissions rates The Secretary shall publish a table that sets forth the greenhouse gas emissions rates for similar types or categories of facilities. (iii) Provisional emissions rate (I) In general In the case of any facility for which an emissions rate has not been established by the Secretary, a taxpayer which owns such facility may file a petition with the Secretary for determination of the emissions rate with respect to such facility. (II) Establishment of provisional and final emissions rate In the case of a facility for which a petition described in subclause (I) has been filed, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall— (aa) not later than 12 months after the date on which the petition was filed, provide a provisional emissions rate for such facility which a taxpayer shall use for purposes of this section, and (bb) not later than 24 months after the date on which the petition was filed, establish the emissions rate for such facility. (D) Carbon capture and sequestration equipment For purposes of this subsection, the amount of greenhouse gases emitted into the atmosphere by a facility in the production of electricity shall not include any qualified carbon dioxide that is captured by the taxpayer and— (i) pursuant to any regulations established under paragraph (2) of section 45Q(f), disposed of by the taxpayer in secure geological storage, or (ii) utilized by the taxpayer in a manner described in paragraph (5) of such section. (3) Wage requirements The requirements described in this paragraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (A) the construction of such facility, or (B) for any year during the period described in paragraph (1)(B), the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (c) Inflation adjustment (1) In general In the case of a calendar year beginning after 2021, the 1.5 cent amount in paragraph (1) of subsection (a) shall be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale or use of the electricity occurs. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (2) Annual computation The Secretary shall, not later than April 1 of each calendar year, determine and publish in the Federal Register the inflation adjustment factor for such calendar year in accordance with this subsection. (3) Inflation adjustment factor The term inflation adjustment factor means, with respect to a calendar year, a fraction the numerator of which is the GDP implicit price deflator for the preceding calendar year and the denominator of which is the GDP implicit price deflator for the calendar year 1992. The term GDP implicit price deflator means the most recent revision of the implicit price deflator for the gross domestic product as computed and published by the Department of Commerce before March 15 of the calendar year. (d) Credit phase-Out (1) In general If the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the clean electricity production credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a facility the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a facility the construction of which begins during the second calendar year following such determination year, 75 percent, (C) for a facility the construction of which begins during the third calendar year following such determination year, 50 percent, and (D) for a facility placed in service during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (e) Definitions In this section: (1) CO 2 e per KWh The term CO 2 e per KWh means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on global warming potential) per kilowatt hour of electricity produced. (2) Greenhouse gas The term greenhouse gas has the same meaning given such term under section 211(o)(1)(G) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(G) ), as in effect on the date of the enactment of this section. (3) Qualified carbon dioxide The term qualified carbon dioxide means carbon dioxide captured from an industrial source which— (A) would otherwise be released into the atmosphere as industrial emission of greenhouse gas, (B) is measured at the source of capture and verified at the point of disposal or utilization, and (C) is captured and disposed or utilized within the United States (within the meaning of section 638(1)) or a possession of the United States (within the meaning of section 638(2)). (f) Final guidance Not later than January 1, 2023, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue final guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified facilities and determination of clean electricity production credits under this section. (g) Special rules (1) Only production in the United States taken into account Consumption or sales shall be taken into account under this section only with respect to electricity the production of which is within— (A) the United States (within the meaning of section 638(1)), or (B) a possession of the United States (within the meaning of section 638(2)). (2) Combined heat and power system property (A) In general For purposes of subsection (a)— (i) the kilowatt hours of electricity produced by a taxpayer at a qualified facility shall include any production in the form of useful thermal energy by any combined heat and power system property within such facility, and (ii) the amount of greenhouse gases emitted into the atmosphere by such facility in the production of such useful thermal energy shall be included for purposes of determining the greenhouse gas emissions rate for such facility. (B) Combined heat and power system property For purposes of this paragraph, the term combined heat and power system property has the same meaning given such term by section 48(c)(3) (without regard to subparagraphs (A)(iv), (B), and (D) thereof). (C) Conversion from BTU to KWh (i) In general For purposes of subparagraph (A)(i), the amount of kilowatt hours of electricity produced in the form of useful thermal energy shall be equal to the quotient of— (I) the total useful thermal energy produced by the combined heat and power system property within the qualified facility, divided by (II) the heat rate for such facility. (ii) Heat rate For purposes of this subparagraph, the term heat rate means the amount of energy used by the qualified facility to generate 1 kilowatt hour of electricity, expressed as British thermal units per net kilowatt hour generated. (3) Production attributable to the taxpayer In the case of a qualified facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. (4) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling electricity to an unrelated person if such electricity is sold to such a person by another member of such group. (5) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (6) Allocation of credit to patrons of agricultural cooperative (A) Election to allocate (i) In general In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year. (ii) Form and effect of election An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). (B) Treatment of organizations and patrons The amount of the credit apportioned to any patrons under subparagraph (A)— (i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and (ii) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (C) Special rules for decrease in credits for taxable year If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of— (i) such reduction, over (ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter. (D) Eligible cooperative defined For purposes of this section, the term eligible cooperative means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers. (h) Election for direct payment (1) In general The amount of any credit determined under subsection (a) with respect to any qualified facility for any taxable year during the period described in subsection (b)(1)(B) shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (2) Form and effect of election An election under paragraph (1) shall be made prior to the date on which construction of the qualified facility begins and in such manner as the Secretary may prescribe. Such election, once made, shall— (A) be irrevocable with respect to such qualified facility for the period described in subsection (b)(1)(B), and (B) for any taxable year during such period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such qualified facility for such taxable year to zero. (3) Application to partnerships and S corporations In the case of a partnership or S corporation which makes an election under paragraph (1)— (A) such paragraph shall apply with respect to such partnership or corporation without regard to the fact that no tax is imposed by chapter 1 on such partnership or corporation, and (B) (i) in the case of a partnership, each partner's distributive share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero, and (ii) in the case of a S corporation, each shareholder's pro rata share of the credit determined under subsection (a) with respect to the qualified facility shall be deemed to be zero. . (b) Conforming amendments (1) Section 38(b) is amended— (A) in paragraph (32), by striking plus at the end, (B) in paragraph (33), by striking the period at the end and inserting , plus , and (C) by adding at the end the following new paragraph: (34) the clean electricity production credit determined under section 45U(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: Sec. 45U. Clean electricity production credit. . (c) Effective date The amendments made by this section shall apply to facilities placed in service after December 31, 2022. 102. Clean electricity investment credit (a) Business credit (1) In general Subpart E of part IV of subchapter A of chapter 1 is amended by inserting after section 48C the following new section: 48D. Clean electricity investment credit (a) Investment credit for qualified property (1) In general For purposes of section 46, the clean electricity investment credit for any taxable year is— (A) except as provided in subparagraph (B), an amount equal to 30 percent of the qualified investment for such taxable year with respect to— (i) any qualified facility, and (ii) any grid improvement property, and (B) in the case of a qualified facility which is a microgrid, an amount equal to the product of— (i) 30 percent of the qualified investment for such taxable year with respect to such microgrid, and (ii) the relative avoided emissions rate with respect to such microgrid (as determined under subsection (b)(3)(C)(iv)). (2) Disadvantaged communities (A) In general In the case of any qualified facility (with the exception of any such facility described in section 45U(b)(2)(B)) or energy storage property which is placed in service within a disadvantaged community, paragraph (1) shall be applied by substituting 40 percent for 30 percent . (B) Disadvantaged community For purposes of this paragraph, the term disadvantaged community has the same meaning given the term low-income community in section 45D(e)(1). (b) Qualified investment with respect to any qualified facility (1) In general For purposes of subsection (a), the qualified investment with respect to any qualified facility for any taxable year is the basis of any qualified property placed in service by the taxpayer during such taxable year which is part of a qualified facility. (2) Qualified property The term qualified property means property— (A) which is— (i) tangible personal property, or (ii) other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified facility, (B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (C) which is constructed, reconstructed, erected, or acquired by the taxpayer, and (D) the original use of which commences with the taxpayer. (3) Qualified facility (A) In general For purposes of this section, the term qualified facility means a facility— (i) which is used for the generation of electricity, (ii) which is originally placed in service after December 31, 2022, (iii) for which the anticipated greenhouse gas emissions rate (as determined under clause (ii)) is not greater than zero, and (iv) in the case of any facility with a total nameplate capacity equal to or greater than 1 megawatt, which— (I) satisfies the requirements under subparagraph (B)(iii), and (II) with respect to the construction of such facility, satisfies the requirements under section 601 of the Clean Energy for America Act . (B) Additional rules (i) Expansion of facility; incremental production Rules similar to the rules of section 45U(b)(1)(B) shall apply for purposes of this paragraph. (ii) Establishment of emissions rates for qualified facilities (I) In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish greenhouse gas emissions rates for types or categories of facilities, which a taxpayer shall use for purposes of this section. (II) Publishing emissions rates The Secretary shall publish a table that sets forth the greenhouse gas emissions rates for similar types or categories of facilities. (iii) Wage requirements The requirements described in this clause with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (I) the construction of such facility, or (II) for any year during the 5-year period beginning on the date the facility is originally placed in service, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (C) Microgrids (i) In general For purposes of this section, the term qualified facility shall include any microgrid. (ii) Microgrid For purposes of this section, the term microgrid means an interconnected system of distributed energy resources used for the generation of electricity which— (I) is contained within a clearly defined electrical boundary and has the ability to operate as a single and controllable entity, (II) has the ability to be managed and isolated from the applicable grid region in order to withstand larger disturbances and maintain the supply of electricity to connected critical infrastructure, and (III) has no point of interconnection to the applicable grid region with a throughput capacity in excess of 20 megawatts. (iii) Applicable grid region For purposes of this subparagraph, the term applicable grid region means a set of power plants and transmission lines which are— (I) under the control of a single grid operator, and (II) interconnected to the microgrid. (iv) Relative avoided emissions rate (I) In general For purposes of subsection (a)(1)(B)(ii), the relative avoided emissions rate shall be the amount equal to the quotient of— (aa) the amount equal to the non-baseload output emissions rate for the applicable grid region minus the greenhouse gas emissions rate for the microgrid, divided by (bb) the non-baseload output emissions rate for the applicable grid region. (II) Non-baseload output emissions rate (aa) In general For purposes of this subparagraph, the term non-baseload output emissions rate means the amount of greenhouse gases emitted into the atmosphere by the applicable grid region for the production of electricity (expressed as grams of CO 2 e per KWh) above baseload. (bb) Determination The non-baseload output emissions rate for any applicable grid region shall be determined by the Administrator of the Environmental Protection Agency, in consultation with the Secretary. (III) Greenhouse gas emissions rate For purposes of this subparagraph, the term greenhouse gas emissions rate has the same meaning given such term under section 45U(b)(2). (D) Exclusion The term qualified facility shall not include any facility for which a renewable electricity production credit under section 45, an advanced nuclear power facility production credit under section 45J, or an energy credit determined under section 48 is allowed under section 38 for the taxable year or any prior taxable year. (4) Coordination with rehabilitation credit The qualified investment with respect to any qualified facility for any taxable year shall not include that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)). (c) Qualified investment with respect to grid improvement property (1) In general (A) Qualified investment For purposes of subsection (a), the qualified investment with respect to grid improvement property for any taxable year is the basis of any grid improvement property placed in service by the taxpayer during such taxable year. (B) Grid improvement property For purposes of this section, the term grid improvement property means any energy storage property or qualified transmission property which— (i) satisfies the requirements under paragraph (4), and (ii) with respect to the construction of such property, satisfies the requirements under section 601 of the Clean Energy for America Act . (2) Energy storage property For purposes of this subsection, the term energy storage property means property— (A) which receives, stores, and delivers electricity, or energy for conversion to electricity, provided that such electricity is— (i) sold by the taxpayer to an unrelated person, or (ii) in the case of a facility which is equipped with a metering device which is owned and operated by an unrelated person, sold or consumed by the taxpayer, (B) with respect to which depreciation is allowable, (C) which is constructed, reconstructed, erected, or acquired by the taxpayer, (D) the original use of which commences with the taxpayer, (E) which has a capacity of not less than 5 kilowatt hours, and (F) which is placed in service after December 31, 2021. (3) Qualified transmission property (A) In general For purposes of this subsection, the term qualified transmission property means— (i) any overhead, submarine, or underground transmission property which is capable of transmitting electricity at a voltage of not less than 275 kilovolts, and (ii) any other equipment necessary for the operation of a new circuit, including equipment listed as transmission plant in the Uniform System of Accounts for the Federal Energy Regulatory Commission under part 101 of subchapter C of chapter I of title 18, Code of Federal Regulations. (B) Exclusion The term qualified transmission property shall not include any property used for distribution of electricity. (4) Wage requirements The requirements described in this paragraph with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (A) the construction of such property, or (B) for any year during the 5-year period beginning on the date the property is originally placed in service, the alteration or repair of such property, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (d) Certain progress expenditure rules made applicable Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a). (e) Credit phase-Out (1) In general If the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the clean electricity investment credit under subsection (a) for any qualified property or grid improvement property the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for property the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for property the construction of which begins during the second calendar year following such determination year, 75 percent, (C) for property the construction of which begins during the third calendar year following such determination year, 50 percent, and (D) for property the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (f) Greenhouse gas In this section, the term greenhouse gas has the same meaning given such term under section 45U(e)(2). (g) Recapture of credit For purposes of section 50, if the Secretary, in consultation with the Administrator of the Environmental Protection Agency, determines that the greenhouse gas emissions rate for a qualified facility is significantly higher than the anticipated greenhouse gas emissions rate claimed by the taxpayer for purposes of the clean electricity investment credit under this section, the facility or equipment shall cease to be investment credit property in the taxable year in which the determination is made. (h) Final guidance Not later than January 1, 2023, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue final guidance regarding implementation of this section. (i) Election for direct payment (1) In general In the case of any qualified property or grid improvement property placed in service during any taxable year, the amount of any credit determined under subsection (a) with respect to such property for such taxable year shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year (regardless of whether such tax would have been on such taxpayer). (2) Form and effect of election An election under paragraph (1) shall be made prior to the date on which construction of the qualified property or grid improvement property begins and in such manner as the Secretary may prescribe. Such election, once made, shall— (A) be irrevocable with respect to the qualified property or grid improvement property to which such election applies, and (B) reduce the amount of the credit which would (but for this subsection) be allowable under this section with respect to such property for the taxable year in which such property is placed in service to zero. (3) Application to partnerships and S corporations Rules similar to the rules of section 45U(h)(3) shall apply for purposes of this subsection. . (2) Public utility property Paragraph (2) of section 50(d) is amended— (A) by adding after the first sentence the following new sentence: At the election of a taxpayer, this paragraph shall not apply to any grid improvement property (as defined in section 48D(c)(1)(B)), provided— , and (B) by adding the following new subparagraphs: (A) no election under this paragraph shall be permitted if the making of such election is prohibited by, or required by, a State or political subdivision thereof, by any agency or instrumentality of the United States, or by a public service or public utility commission or other similar body of any State or political subdivision that regulates public utilities as described in section 7701(a)(33)(A), (B) an election under this paragraph shall be made separately with respect to each grid improvement property by the due date (including extensions) of the Federal tax return for the taxable year in which such property is placed in service by the taxpayer, and once made, may be revoked only with the consent of the Secretary, and (C) an election shall not apply with respect to any energy storage property (as defined in section 48D(c)(2)) if such property has a maximum capacity equal to or less than 500 kilowatt hours. . (3) Conforming amendments (A) Section 46 is amended— (i) by striking “and” at the end of paragraph (5), (ii) by striking the period at the end of paragraph (6) and inserting “, and”, and (iii) by adding at the end the following new paragraph: (7) the clean electricity investment credit. . (B) Section 49(a)(1)(C) is amended— (i) by striking “and” at the end of clause (iv), (ii) by striking the period at the end of clause (v) and inserting a comma, and (iii) by adding at the end the following new clauses: (vi) the basis of any qualified property which is part of a qualified facility under section 48D, and (vii) the basis of any energy storage property under section 48D. . (C) Section 50(a)(2)(E) is amended by striking or 48C(b)(2) and inserting 48C(b)(2), or 48D(e) . (D) The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 48C the following new item: 48D. Clean electricity investment credit. . (4) Effective date The amendments made by this subsection shall apply to property placed in service after December 31, 2022, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). (b) Individual credit (1) In general Section 25D is amended to read as follows: 25D. Residential clean electricity credit (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of the expenditures made by the taxpayer for any qualified property and any energy storage property which is— (1) for use in connection with a dwelling unit which is located in the United States and used as a residence by the taxpayer, and (2) placed in service during such taxable year. (b) Qualified property (1) In general The term qualified property means property— (A) which is tangible personal property, (B) which is used for the generation of electricity, (C) which is constructed, reconstructed, erected, or acquired by the taxpayer, (D) the original use of which commences with the taxpayer, (E) which is originally placed in service after December 31, 2022, and (F) for which the anticipated greenhouse gas emissions rate (as determined under paragraph (2)) is not greater than zero. (2) Establishment of emissions rates for qualified property (A) In general The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish greenhouse gas emissions rates for types or categories of qualified property which are for use in a dwelling unit, which a taxpayer shall use for purposes of this section. (B) Publishing emissions rates The Secretary shall publish a table that sets forth the greenhouse gas emissions rates for similar types or categories of qualified property. (c) Energy storage property The term energy storage property means property which— (1) receives, stores, and delivers electricity or energy for conversion to electricity which is consumed or sold by the taxpayer, (2) is equipped with a metering device which is owned and operated by an unrelated person, and (3) has a capacity of not less than 3 kilowatt hours. (d) Carryforward of unused credit (1) In general If the credit allowable under subsection (a) exceeds the applicable tax limit, such excess shall be carried to each of the 3 succeeding taxable years and added to the credit allowable under subsection (a) for such succeeding taxable year. (2) Limitation The amount of the unused credit which may be taken into account under paragraph (1) for any taxable year shall not exceed the amount (if any) by which the applicable tax limit for such taxable year exceeds the sum of— (A) the credit allowable under subsection (a) for which such taxable year determined without regard to this subsection, and (B) the amounts which, by reason of this subsection, are carried to such taxable year and are attributable to taxable years before the unused credit year. (3) Applicable tax limit For purposes of this subsection, the term applicable tax limit means the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section). (e) Credit phase-Out (1) In general If the Secretary determines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than the percentage specified in section 48D(e), the amount of the credit allowable under subsection (a) for any qualified property or energy storage property placed in service during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for property placed in service during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for property placed in service during the second calendar year following such determination year, 75 percent, (C) for property placed in service during the third calendar year following such determination year, 50 percent, and (D) for property placed in service during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (f) Special rules For purposes of this section: (1) Labor costs Expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the qualified property or energy storage property and for piping or wiring to interconnect such property to the dwelling unit shall be taken into account for purposes of this section. (2) Tenant-stockholder in cooperative housing corporation In the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. (3) Condominiums (A) In general In the case of an individual who is a member of a condominium management association with respect to a condominium which the individual owns, such individual shall be treated as having made the individual's proportionate share of any expenditures of such association. (B) Condominium management association For purposes of this paragraph, the term condominium management association means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. (4) Allocation in certain cases If less than 80 percent of the use of a property is for nonbusiness purposes, only that portion of the expenditures for such property which is properly allocable to use for nonbusiness purposes shall be taken into account. (g) Basis adjustment For purposes of this subtitle, if a credit is allowed under this section for any expenditures with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditures shall be reduced by the amount of the credit so allowed. (h) Final guidance Not later than January 1, 2023, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue final guidance regarding implementation of this section, including calculation of greenhouse gas emission rates for qualified property and determination of residential clean electricity property credits under this section. . (2) Conforming amendments (A) Paragraph (1) of section 45(d) is amended by striking Such term and all that follows through the period and inserting the following: Such term shall not include any facility with respect to which any expenditures for qualified property (as defined in subsection (b) of section 25D) which uses wind to produce electricity is taken into account in determining the credit under such section. . (B) Paragraph (34) of section 1016(a) is amended by striking section 25D(f) and inserting section 25D(g) . (C) The item relating to section 25D in the table of contents for subpart A of part IV of subchapter A of chapter 1 is amended to read as follows: Sec. 25D. Residential clean electricity credit. . (3) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2022. 103. Extensions, modifications, and terminations of various energy provisions (a) Residential energy efficient property (1) In general Section 25D(h) is amended by striking December 31, 2023 and inserting December 31, 2022 . (2) Elimination of phase-out Section 25D(g) is amended— (A) in paragraph (1), by adding and at the end, (B) in paragraph (2), by striking , and and inserting a period, and (C) by striking paragraph (3). (3) Effective date The amendments made by this subsection shall apply to property placed in service after the date of enactment of this Act. (b) Termination of allocation of unutilized limitation for advanced nuclear power facilities Section 45J(b) is amended by striking paragraph (5). (c) Modification of credit for carbon dioxide sequestration (1) In general Section 45Q is amended— (A) in subsection (a)(4)(B)(i), by inserting subject to subsection (f)(8), before used by , (B) in subsection (b)(1)— (i) in subparagraph (A), by striking The applicable dollar amount and inserting Except as provided in subparagraph (B), the applicable dollar amount , (ii) by redesignating subparagraph (B) as subparagraph (C), (iii) by inserting after subparagraph (A) the following: (B) Applicable dollar amount for direct air capture facilities In the case of any qualified facility described in subsection (d)(1) for which construction begins after the date of enactment of the Clean Energy for America Act , the applicable dollar amount shall be an amount equal to— (i) for any taxable year beginning in a calendar year before 2027— (I) for purposes of paragraph (3) of subsection (a), $175, and (II) for purposes of paragraph (4) of such subsection, $150, and (ii) for any taxable year beginning in a calendar year after 2026— (I) for purposes of paragraph (3) of subsection (a), an amount equal to the product of $175 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 , and (II) for purposes of paragraph (4) of such subsection, an amount equal to the product of $150 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2025 for 1990 . , and (iv) in subparagraph (C), as so redesignated, by inserting or (B) after subparagraph (A) , (C) by striking subsection (d) and inserting the following: (d) Qualified facility For purposes of this section, the term qualified facility means— (1) any direct air capture facility, and (2) any industrial facility which captures— (A) in the case of an electricity generating facility, not less than 75 percent of the carbon oxide which would otherwise be released into the atmosphere, or (B) in the case of an industrial facility which is not an electricity generating facility, not less than 50 percent of the carbon oxide which would otherwise be released into the atmosphere. , (D) in subsection (f), by adding at the end the following: (8) Elimination of use of carbon oxide as tertiary injectant In the case of any qualified facility the construction of which begins after the date of enactment of the Clean Energy for America Act , subsection (a)(4)(B)(i) shall not apply. , (E) by redesignating subsection (h) as subsection (i), and (F) by inserting after subsection (g) the following: (h) Credit phase-Out (1) In general (A) Reduction based on emissions from production of electricity Subject to subparagraphs (B) and (C), if the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than 25 percent of the annual greenhouse gas emissions from the production of electricity in the United States for calendar year 2021, the amount of the carbon oxide sequestration credit under subsection (a) for any qualified facility the construction of which begins during a calendar year described in paragraph (2) shall be equal to the product of— (i) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (ii) the phase-out percentage under paragraph (2). (B) Other industrial facilities In the case of any qualified facility described in subsection (d)(2)(B) the construction of which begins during a calendar year described in paragraph (2), subparagraph (A) shall be applied by substituting industrial sector for production of electricity each place it appears. (C) Direct air capture facilities In the case of any qualified facility described in subsection (d)(1), subparagraph (A) shall not apply. (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a facility the construction of which begins during the first calendar year following the calendar year in which the determination described in paragraph (1)(A) is made, 100 percent, (B) for a facility the construction of which begins during the second calendar year following such determination year, 75 percent, (C) for a facility the construction of which begins during the third calendar year following such determination year, 50 percent, and (D) for a facility the construction of which begins during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (2) Elimination of election for applicable facilities (A) In general Section 45Q(f), as amended by paragraph (1)(C), is amended— (i) by striking paragraph (6), and (ii) by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively. (B) Conforming amendment Section 45Q(a)(4)(B)(i), as amended by paragraph (1)(A), is amended by striking subsection (f)(8) and inserting subsection (f)(7) . (3) Wage requirements Section 45Q(f), as amended by paragraphs (1)(C) and (2), is amended by adding at the end the following: (8) Wage requirements (A) In general The term qualified facility shall not include any facility which fails to satisfy— (i) the requirements under subparagraph (B), and (ii) with respect to— (I) the construction of any facility the construction of which begins after the date of enactment of the Clean Energy for America Act , and (II) the construction of any carbon capture equipment, the requirements under section 601 of the Clean Energy for America Act . (B) Requirements The requirements described in this clause with respect to any facility, and any carbon capture equipment placed in service at such facility, are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (i) in the case of any facility the construction of which begins after the date of enactment of the Clean Energy for America Act , the construction of such facility, or (ii) during the 12-year period beginning on the date on which carbon capture equipment is originally placed in service at any facility (as described in paragraphs (3)(A) and (4)(A) of subsection (a)), the alteration or repair of such facility or such equipment, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. . (4) Election for direct payment Section 45Q , as amended by the preceding paragraphs of this subsection, is amended— (A) by redesignating subsection (i) as subsection (j), and (B) by inserting after subsection (h) the following: (i) Election for direct payment (1) In general The amount of any credit determined under paragraph (3) or (4) of subsection (a) with respect to any qualified carbon oxide for any taxable year during the period described in paragraph (3)(A) or (4)(A) of such subsection, respectively, shall, at the election of the taxpayer, be treated as a payment equal to such amount which is made by the taxpayer against the tax imposed by chapter 1 for such taxable year. (2) Form and effect of election An election under paragraph (1) shall be made prior to the date on which construction of the carbon capture equipment begins and in such manner as the Secretary may prescribe. Such election, once made, shall— (A) be irrevocable with respect to such carbon capture equipment for the period described in paragraph (3)(A) or (4)(A) of subsection (a), and (B) for any taxable year during such period, reduce the amount of the credit which would (but for this paragraph) be allowable under this section with respect to such equipment for such taxable year to zero. (3) Application to partnerships and S corporations Rules similar to the rules of section 45U(h)(3) shall apply for purposes of this subsection. . (5) Effective dates (A) In general The amendments made by paragraph (1) shall apply to facilities the construction of which begins after the date of enactment of this Act. (B) Elimination of election for applicable facilities The amendments made by paragraph (2) shall take effect on the date of enactment of this Act. (C) Wage requirements The amendments made by paragraph (3) shall apply to facilities or equipment the construction of which begins after December 31, 2021. (D) Election for direct payment The amendments made by paragraph (4) shall apply to equipment the construction of which begins after December 31, 2021. (d) Modification of credits for energy property (1) Solar energy property Subclause (II) of section 48(a)(2)(A)(i) is amended by striking January 1, 2024 and inserting January 1, 2023 . (2) Phase-outs Section 48(a) is amended— (A) in paragraph (6)— (i) by striking subparagraph (A) and inserting the following: (A) In general Subject to subparagraph (B), in the case of any energy property described in paragraph (3)(A)(i) the construction of which begins after December 31, 2019, before January 1, 2023, the energy percentage determined under paragraph (2) shall be equal to 26 percent. , and (ii) in subparagraph (B), by striking January 1, 2024 and inserting January 1, 2023 , and (B) in paragraph (7), by striking subparagraph (A) and inserting the following: (A) In general Subject to subparagraph (B), in the case of any qualified fuel cell property, qualified small wind property, waste energy recovery property, or energy property described in paragraph (3)(A)(ii) the construction of which begins after December 31, 2019, and before January 1, 2023, the energy percentage determined under paragraph (2) shall be equal to 26 percent. . (3) Effective date The amendments made by this subsection shall take effect on the date of enactment of this Act. (e) Energy credit (1) Solar energy property Section 48(a)(3)(A) is amended— (A) in clause (i), by inserting but only with respect to property the construction of which begins before January 1, 2023, after swimming pool, , and (B) in clause (ii), by striking January 1, 2024 and inserting January 1, 2023 . (2) Geothermal energy property Section 48(a)(3)(A)(iii) is amended by inserting with respect to property the construction of which begins before January 1, 2023, and after but only . (3) Qualified offshore wind facilities Section 48(a)(5)(F) is amended by striking January 1, 2026 each place it appears and inserting January 1, 2023 . (4) Qualified fuel cell property Section 48(c)(1)(D) is amended by striking January 1, 2024 and inserting January 1, 2023 . (5) Qualified microturbine property Section 48(c)(2)(D) is amended by striking January 1, 2024 and inserting January 1, 2023 . (6) Combined heat and power system property Section 48(c)(3)(A)(iv) is amended by striking January 1, 2024 and inserting January 1, 2023 . (7) Qualified small wind energy property Section 48(c)(4)(C) is amended by striking January 1, 2024 and inserting January 1, 2023 . (8) Waste energy recovery property Section 48(c)(5)(D) is amended by striking January 1, 2024 and inserting January 1, 2023 . (f) Cost recovery for qualified facilities, qualified property, and grid improvement property (1) In general Section 168(e)(3)(B) is amended— (A) in clause (vi)(III), by striking and at the end, (B) in clause (vii), by striking the period at the end and inserting , and , and (C) by inserting after clause (vii) the following: (viii) any qualified facility (as defined in section 45U(b)(1)(A)), any qualified property (as defined in subsection (b)(2) of section 48D), or any grid improvement property (as defined in subsection (c)(1)(B) of such section). . (2) Alternative system The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (B)(vii) the following new item: (B)(viii) 30 . (3) Effective date The amendments made by this subsection shall apply to facilities and property placed in service after December 31, 2022. II Incentives for Clean Transportation 201. Clean fuel production credit (a) In general Subpart D of part IV of subchapter A of chapter 1, as amended by section 101, is amended by adding at the end the following new section: 45V. Clean fuel production credit (a) Amount of credit (1) In general For purposes of section 38, the clean fuel production credit for any taxable year is an amount equal to— (A) for any transportation fuel sold during any calendar year ending before January 1, 2030, and amount equal to the product of— (i) $1.00 per gallon (or gallon equivalent) with respect to any transportation fuel which is— (I) produced by the taxpayer at a qualified facility, and (II) sold by the taxpayer in a manner described in paragraph (3), and (ii) the emissions factor for such fuel (as determined under subsection (b)), and (B) for any transportation fuel sold during any calendar year beginning after December 31, 2029, an amount equal to the applicable amount (as determined under paragraph (2)) per gallon (or gallon equivalent) with respect to any transportation fuel which is— (i) produced by the taxpayer at a qualified facility, and (ii) sold by the taxpayer in a manner described in paragraph (3). (2) Applicable amount For purposes of paragraph (1)(B), the applicable amount with respect to any transportation fuel shall be an amount equal to $1.00 increased by 10 cents for every kilogram of CO 2 e per mmBTU (or fraction thereof) for which the emissions rate for such fuel is below zero. (3) Sale For purposes of paragraph (1), the transportation fuel is sold in a manner described in this paragraph if such fuel is sold by the taxpayer to an unrelated person— (A) for use by such person in the production of a fuel mixture, (B) for use by such person in a trade or business, or (C) who sells such fuel at retail to another person and places such fuel in the fuel tank of such other person. (4) Rounding If any amount determined under paragraph (1)(A) or (2) is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent. (b) Emissions factors (1) Emissions factor (A) Calculation (i) In general The emissions factor of a transportation fuel shall be an amount equal to the quotient of— (I) an amount equal to— (aa) the baseline emissions rate, minus (bb) the emissions rate for such fuel, divided by (II) the baseline emissions rate. (B) Baseline emissions rate For purposes of this paragraph, the term baseline emissions rate means— (i) for any calendar year ending before January 1, 2026, 75 kilograms of CO 2 e per mmBTU, (ii) for calendar years 2026 and 2027, 50 kilograms of CO 2 e per mmBTU, and (iii) for calendar years 2028 and 2029, 25 kilograms of CO 2 e per mmBTU. (C) Establishment of emissions rate The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish the emissions rate for similar types and categories of transportation fuels based on the amount of lifecycle greenhouse gas emissions (as described in section 211(o)(1)(H) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(H) ), as in effect on the date of the enactment of this section) for such fuels, expressed as kilograms of CO 2 e per mmBTU, which a taxpayer shall use for purposes of this section. (D) Rounding of emissions rate The Secretary may round the emissions rates under subparagraph (B) to the nearest multiple of 5 kilograms of CO 2 e per mmBTU, except that, in the case of an emissions rate that is less than 2.5 kilograms of CO 2 e per mmBTU, the Secretary may round such rate to zero. (E) Provisional emissions rate (i) In general In the case of any transportation fuel for which an emissions rate has not been established by the Secretary, a taxpayer producing such fuel may file a petition with the Secretary for determination of the emissions rate with respect to such fuel. (ii) Establishment of provisional and final emissions rate In the case of a transportation fuel for which a petition described in clause (i) has been filed, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall— (I) not later than 12 months after the date on which the petition was filed, provide a provisional emissions rate for such fuel which a taxpayer shall use for purposes of this section, and (II) not later than 24 months after the date on which the petition was filed, establish the emissions rate for such fuel. (F) Rounding If any amount determined under subparagraph (A) is not a multiple of 0.1, such amount shall be rounded to the nearest multiple of 0.1. (2) Publishing emissions rate The Secretary shall publish a table that sets forth the emissions rate (as established pursuant to paragraph (1)) for similar types and categories of transportation fuels. (c) Inflation adjustment (1) In general In the case of calendar years beginning after 2023, the $1.00 amount in paragraphs (1)(A)(i) and (2) of subsection (a) shall be adjusted by multiplying such amount by the inflation adjustment factor for the calendar year in which the sale or use of the transportation fuel occurs. If any amount as increased under the preceding sentence is not a multiple of 1 cent, such amount shall be rounded to the nearest multiple of 1 cent. (2) Inflation adjustment factor For purposes of paragraph (1), the inflation adjustment factor shall be the inflation adjustment factor determined and published by the Secretary pursuant to section 45U(c), determined by substituting calendar year 2022 for calendar year 1992 in paragraph (3) thereof. (d) Credit phase-Out (1) In general If the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the clean fuel production credit under this section shall be determined by substituting the applicable amount (as determined under paragraph (2)(A)) for the dollar amount in paragraphs (1)(A)(i) and (2) of subsection (a). (2) Applicable dollar amount (A) In general The applicable amount for any taxable year described in subparagraph (B) shall be an amount equal to the product of— (i) the dollar amount in paragraphs (1)(A)(i) and (2) of subsection (a) (as adjusted by subsection (c)), multiplied by (ii) the phase-out percentage under subparagraph (B). (B) Phase-out percentage The phase-out percentage under this subparagraph is equal to— (i) for any taxable year beginning in the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (ii) for any taxable year beginning in the second calendar year following such determination year, 75 percent, (iii) for any taxable year beginning in the third calendar year following such determination year, 50 percent, and (iv) for any taxable year beginning in any calendar year subsequent to the year described in clause (iii), 0 percent. (e) Definitions In this section: (1) mm BTU The term mmBTU means 1,000,000 British thermal units. (2) CO 2 e The term CO 2 e means, with respect to any greenhouse gas, the equivalent carbon dioxide (as determined based on relative global warming potential). (3) Greenhouse gas The term greenhouse gas has the same meaning given that term under section 211(o)(1)(G) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(G) ), as in effect on the date of the enactment of this section. (4) Qualified facility (A) In general The term qualified facility means a facility— (i) used for the production of transportation fuels, and (ii) which— (I) satisfies the requirements under subparagraph (B), and (II) with respect to the construction of such facility, satisfies the requirements under section 601 of the Clean Energy for America Act . (B) Wage requirements The requirements described in this subparagraph with respect to any facility are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in— (i) the construction of such facility, or (ii) for any year described in subsection (a)(1) for which the credit under this section is claimed, the alteration or repair of such facility, shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (5) Transportation fuel The term transportation fuel means a fuel which is suitable for use as a fuel in a highway vehicle or aircraft. (f) Final guidance Not later than January 1, 2023, the Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall issue final guidance regarding implementation of this section, including calculation of emissions factors for transportation fuel, the table described in subsection (b)(2), and the determination of clean fuel production credits under this section. (g) Special rules (1) Only registered production in the United States taken into account (A) In general No clean fuel production credit shall be determined under subsection (a) with respect to any transportation fuel unless— (i) the taxpayer is registered as a producer of clean fuel under section 4101 at the time of production, and (ii) such fuel is produced in the United States. (B) United States For purposes of this paragraph, the term United States includes any possession of the United States. (2) Production attributable to the taxpayer In the case of a facility in which more than 1 person has an ownership interest, except to the extent provided in regulations prescribed by the Secretary, production from the facility shall be allocated among such persons in proportion to their respective ownership interests in the gross sales from such facility. (3) Related persons Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as selling fuel to an unrelated person if such fuel is sold to such a person by another member of such group. (4) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (5) Allocation of credit to patrons of agricultural cooperative (A) Election to allocate (i) In general In the case of an eligible cooperative organization, any portion of the credit determined under subsection (a) for the taxable year may, at the election of the organization, be apportioned among patrons of the organization on the basis of the amount of business done by the patrons during the taxable year. (ii) Form and effect of election An election under clause (i) for any taxable year shall be made on a timely filed return for such year. Such election, once made, shall be irrevocable for such taxable year. Such election shall not take effect unless the organization designates the apportionment as such in a written notice mailed to its patrons during the payment period described in section 1382(d). (B) Treatment of organizations and patrons The amount of the credit apportioned to any patrons under subparagraph (A)— (i) shall not be included in the amount determined under subsection (a) with respect to the organization for the taxable year, and (ii) shall be included in the amount determined under subsection (a) for the first taxable year of each patron ending on or after the last day of the payment period (as defined in section 1382(d)) for the taxable year of the organization or, if earlier, for the taxable year of each patron ending on or after the date on which the patron receives notice from the cooperative of the apportionment. (C) Special rules for decrease in credits for taxable year If the amount of the credit of a cooperative organization determined under subsection (a) for a taxable year is less than the amount of such credit shown on the return of the cooperative organization for such year, an amount equal to the excess of— (i) such reduction, over (ii) the amount not apportioned to such patrons under subparagraph (A) for the taxable year, shall be treated as an increase in tax imposed by this chapter on the organization. Such increase shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter. (D) Eligible cooperative defined For purposes of this section the term eligible cooperative means a cooperative organization described in section 1381(a) which is owned more than 50 percent by agricultural producers or by entities owned by agricultural producers. For this purpose an entity owned by an agricultural producer is one that is more than 50 percent owned by agricultural producers. . (b) Conforming amendments (1) Section 38(b), as amended by section 101, is amended— (A) in paragraph (33), by striking plus at the end, (B) in paragraph (34), by striking the period at the end and inserting , plus , and (C) by adding at the end the following new paragraph: (35) the clean fuel production credit determined under section 45V(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by section 101, is amended by adding at the end the following new item: Sec. 45V. Clean fuel production credit. . (3) Section 4101(a)(1) is amended by inserting every person producing a fuel eligible for the clean fuel production credit (pursuant to section 45V), after section 6426(b)(4)(A)), . (c) Effective date The amendments made by this section shall apply to transportation fuel produced after December 31, 2022. 202. Transportation electrification (a) Alternative motor vehicle credit for fuel cell motor vehicles (1) In general Section 30B(k) is amended— (A) by striking paragraph (1), and (B) by redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively. (2) Phase-out Section 30B is amended by adding at the end the following: (l) Credit phase-Out for new qualified fuel cell motor vehicles (1) In general Following a determination by the Secretary, in consultation with the Secretary of Transportation, that total annual sales of new qualified fuel cell motor vehicles and new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1)) in the United States are greater than 50 percent of total annual sales of new passenger vehicles in the United States, the amount of the new qualified fuel cell motor vehicle credit under this section for any new qualified fuel cell motor vehicle purchased during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (b) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a vehicle purchased during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a vehicle purchased during the second calendar year following such determination year, 75 percent, (C) for a vehicle purchased during the third calendar year following such determination year, 50 percent, and (D) for a vehicle purchased during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (3) Effective date The amendments made by this subsection shall apply to property purchased after December 31, 2021. (b) Alternative fuel vehicle refueling property credit (1) Extension and modification (A) In general Section 30C is amended— (i) in subsection (b)— (I) by striking with respect to all qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year at a location and inserting with respect to any single item of qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year , and (II) in paragraph (1), by striking $30,000 and inserting $200,000 , (ii) in subsection (e), by adding at the end the following: (7) Wage requirements (A) In general The term qualified alternative fuel vehicle refueling property shall not include any property which fails to satisfy— (i) the requirements under subparagraph (B), and (ii) with respect to the construction of such property, the requirements under section 601 of the Clean Energy for America Act . (B) Requirements The requirements described in this subparagraph with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the construction of such property are to be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. , and (iii) in subsection (g), by striking December 31, 2021 and inserting December 31, 2022 . (B) Effective date The amendments made by this paragraph shall apply to property placed in service after December 31, 2021. (2) Additional modification (A) In general Section 30C , as amended by paragraph (1), is amended— (i) in subsection (c)(2)— (I) in subparagraph (A), by striking one or more and all that follows through the period and inserting the following: hydrogen or any transportation fuel for which the clean fuel production credit is allowed under section 45V with respect to the production and sale of such fuel. , and (II) by striking subparagraph (B) and inserting the following: (B) Any mixture— (i) which consists of— (I) any transportation fuel— (aa) for which the clean fuel production credit is allowed under section 45V with respect to the production and sale of such fuel, and (bb) which is a liquid fuel, and (II) any taxable fuel (as defined in section 4083(a)(1)), and (ii) at least 20 percent of the volume of which consists of fuel described in clause (i)(I). , and (ii) by striking subsection (g) and inserting the following: (g) Credit phase-Out (1) In general Following a determination by the Secretary under section 45V(d)(1) that the greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than 25 percent of the greenhouse gas emissions from the transportation of persons and goods in the United States during calendar year 2021, the amount of the credit under this section for any qualified alternative fuel vehicle refueling property placed in service during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit allowed under subsection (a) (as determined without regard to this subsection), multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for any property placed in service during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for any property placed in service during the second calendar year following such determination year, 75 percent, (C) for any property placed in service during the third calendar year following such determination year, 50 percent, and (D) for any property placed in service during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (c) Electric vehicles (1) 2- and 3-wheeled plug-in electric vehicles (A) In general Section 30D(g)(3)(E) is amended by striking clause (ii) and inserting the following: (ii) after December 31, 2014. . (B) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2020. (2) Elimination on limitation on number of vehicles eligible for credit (A) In general Section 30D is amended by striking subsection (e). (B) Effective date The amendment made by this paragraph shall apply to vehicles sold after the date of the enactment of this Act. (3) Making new qualified plug-in electric drive motor vehicle credit refundable for individuals (A) In general The Internal Revenue Code of 1986 is amended— (i) by redesignating section 30D as section 36C, and (ii) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (B) Conforming amendments (i) Section 36C , as amended by paragraph (2) and as redesignated and moved by subparagraph (A), is amended— (I) in subsection (a), by striking There shall be allowed and inserting In the case of an individual, there shall be allowed , (II) by striking subsection (c), (III) by redesignating subsections (d), (f), and (g) as subsections (c), (d), and (e), respectively, (IV) in subsection (d), as so redesignated— (aa) by striking (determined without regard to subsection (c)) each place it appears, and (bb) by striking paragraph (3), and (V) in subsection (e)(3)(B), as so redesignated, by striking subsection (d)(1) and inserting subsection (c)(1) . (ii) Subsection (l)(1) of section 30B , as added by subsection (a)(2), is amended by striking section 30D(d)(1) and inserting section 36C(c)(1) . (iii) Paragraph (37) of section 1016(a) is amended by striking section 30D(f)(1) and inserting section 36C(d)(1) . (iv) Section 6501(m) is amended by striking 30D(e)(4) and inserting 36C(d)(6) . (v) Section 166(b)(5)(A)(ii) of title 23, United States Code, is amended by striking section 30D(d)(1) and inserting section 36C(c)(1) . (vi) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. New qualified plug-in electric drive motor vehicles. . (C) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (4) VIN requirement (A) In general Section 36C(c)(1), as redesignated and moved by paragraph (3), is amended— (i) in subparagraph (E), by striking and at the end, (ii) in subparagraph (F)(ii), by striking the period at the end and inserting , and , and (iii) by adding at the end the following: (G) for which the taxpayer has provided the vehicle identification number on the return of tax for the taxable year. . (B) Mathematical or clerical error Section 6213(g)(2) is amended— (i) in subparagraph (P), by striking and at the end, (ii) in subparagraph (Q), by striking the period at the end and inserting , and , and (iii) by adding at the end the following: (R) an omission of a correct vehicle identification number required under section 36C(c)(1)(G) (relating to credit for new qualified plug-in electric drive motor vehicles) to be included on a return. . (C) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. (5) Phase-out Section 36C, as redesignated, moved, and amended by the preceding paragraphs of this subsection, is amended by adding at the end the following: (f) Credit phase-Out (1) In general Following a determination by the Secretary, in consultation with the Secretary of Transportation, that total annual sales of new qualified fuel cell motor vehicles (as defined in section 30B(b)(3)) and new qualified plug-in electric drive motor vehicles in the United States are greater than 50 percent of total annual sales of new passenger vehicles in the United States, the amount of the credit allowed under this section for any new qualified plug-in electric drive motor vehicle sold or qualified 2- or 3-wheeled plug-in electric vehicle acquired during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a vehicle sold or acquired during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a vehicle sold or acquired during the second calendar year following such determination year, 75 percent, (C) for a vehicle sold or acquired during the third calendar year following such determination year, 50 percent, and (D) for a vehicle sold or acquired during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (6) Qualified commercial electric vehicles (A) In general Subpart D of part IV of subchapter A of chapter 1, as amended by sections 101 and 201, is amended by adding at the end the following new section: 45W. Credit for qualified commercial electric vehicles (a) In general For purposes of section 38, the qualified commercial electric vehicle credit for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each qualified commercial electric vehicle placed in service by the taxpayer during the taxable year. (b) Per vehicle amount (1) In general The amount determined under this subsection with respect to any qualified commercial electric vehicle shall be equal the lesser of— (A) 30 percent of the basis of such vehicle, or (B) the incremental cost of such vehicle. (2) Incremental cost (A) In general For purposes of paragraph (1)(B), the incremental cost of any qualified commercial electric vehicle is an amount equal to the excess of the manufacturer's suggested retail price for such vehicle over such price for a comparable vehicle. (B) Comparable vehicle For purposes of this paragraph, the term comparable vehicle means, with respect to any qualified commercial electric vehicle, any vehicle which is powered solely by a gasoline or diesel internal combustion engine and which is comparable in weight, size, and use to such vehicle. (c) Qualified commercial electric vehicle For purposes of this section, the term qualified commercial electric vehicle means any vehicle which— (1) meets the requirements of subparagraphs (A), (B), (C), (D), and (G) of section 36C(c)(1), (2) is primarily propelled by an electric motor which draws electricity from a battery which— (A) has a capacity of not less than 10 kilowatt hours, and (B) is capable of being recharged from an external source of electricity, and (3) is of a character subject to the allowance for depreciation. (d) Special rules (1) In general Rules similar to the rules under subsections (d) of section 36C shall apply for purposes of this section. (2) Property used by tax-exempt entity In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle. (e) Credit phase-Out (1) In general Following a determination by the Secretary, in consultation with the Secretary of Transportation, that total annual sales of qualified commercial electric vehicles in the United States are greater than 50 percent of total annual sales of new commercial vehicles in the United States, the amount of the credit allowed under this section for any qualified commercial electric vehicle acquired during a calendar year described in paragraph (2) shall be equal to the product of— (A) the amount of the credit determined under subsection (a) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (2). (2) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for a vehicle acquired during the first calendar year following the calendar year in which the determination described in paragraph (1) is made, 100 percent, (B) for a vehicle acquired during the second calendar year following such determination year, 75 percent, (C) for a vehicle acquired during the third calendar year following such determination year, 50 percent, and (D) for a vehicle acquired during any calendar year subsequent to the year described in subparagraph (C), 0 percent. . (B) Conforming amendments (i) Section 38(b) is amended by striking paragraph (30) and inserting the following: (30) the qualified commercial electric vehicle credit determined under section 45W, . (ii) The table of sections for subpart D of part IV of subchapter A of chapter 1, as amended by sections 101 and 102, is amended by adding at the end the following new item: Sec. 45W. Credit for qualified commercial electric vehicles. . (C) Effective date The amendments made by this paragraph shall apply to vehicles acquired after December 31, 2021. 203. Temporary extensions of existing fuel incentives (a) Second generation biofuel producer credit (1) In general Section 40(b)(6)(J)(i) is amended by striking 2022 and inserting 2023 . (2) Effective date The amendments made by this subsection shall apply to qualified second generation biofuel production after December 31, 2021. (b) Credit for alternative fuel mixtures (1) In general Section 6426 is amended— (A) in subsection (d)— (i) in paragraph (2)(D), by striking liquefied , and (ii) in paragraph (5), by striking 2021 and inserting 2022 , and (B) in subsection (e)— (i) in paragraph (2), by inserting nonliquid hydrogen or before a fuel described , and (ii) in paragraph (3), by striking 2021 and inserting 2022 . (2) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2021. (c) Biodiesel, biodiesel mixtures, and alternative fuels (1) In general Section 6427(e)(6)(C) is amended by striking 2021 and inserting 2022 . (2) Effective date The amendments made by this subsection shall apply to fuel sold or used after December 31, 2021. III Incentives for Energy Efficiency 301. Credit for new energy efficient residential buildings (a) In general Section 45L is amended to read as follows: 45L. New energy efficient home credit (a) Allowance of credit For purposes of section 38, in the case of an eligible contractor, the new energy efficient home credit for the taxable year is the applicable amount for each qualified residence which is— (1) constructed by the eligible contractor, and (2) acquired by a person from such eligible contractor for use as a residence during the taxable year. (b) Applicable amount (1) In general For purposes of subsection (a), the applicable amount shall be an amount equal to— (A) in the case of a qualified residence described in subclause (I) of subsection (c)(3)(A)(iii), $2,500, and (B) in the case of a qualified residence described in subclause (II) of such subsection, $5,000. (2) Adjustment for inflation (A) In general In the case of a taxable year beginning after 2022, the dollar amounts in paragraph (1) shall each be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any amount as increased under subparagraph (A) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. (c) Definitions For purposes of this section: (1) Construction The term construction does not include substantial reconstruction or rehabilitation. (2) Eligible contractor The term eligible contractor means— (A) the person who constructed the qualified residence, or (B) in the case of a qualified residence which is a manufactured home, the manufactured home producer of such residence. (3) Qualified residence (A) In general The term qualified residence means a dwelling unit— (i) located in the United States, (ii) the construction of which is substantially completed after the date of the enactment of this section, (iii) which is certified as satisfying the requirements for new residential construction under— (I) the Energy Star program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which construction of the dwelling unit begins, or (II) the Zero Energy Ready Home program (or any successor program, as determined by the Secretary), as in effect on January 1 of the year in which construction of the dwelling unit begins, and (iv) which satisfies the requirements under subparagraph (B). (B) Wage requirements The requirements described in this subparagraph with respect to any dwelling unit are that the eligible contractor shall ensure that any laborers and mechanics employed by such contractor and subcontractors in the construction of such dwelling unit shall be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. (d) Certification A certification described in this section shall be made— (1) by a third party which is accredited by a certification program approved by the Secretary, in consultation with the Secretary of Energy, and (2) in accordance with— (A) any applicable rules under the Energy Star or Zero Energy Ready Home programs, as in effect on the date on which construction of the dwelling unit begins, and (B) guidance prescribed by the Secretary, in consultation with the Secretary of Energy. (e) Basis adjustment For purposes of this subtitle, if a credit is allowed under this section in connection with any expenditure for any property (other than a qualified low-income building, as described in section 42(c)(2)), the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so determined. (f) Coordination with investment credits For purposes of this section, expenditures taken into account under section 25D or 47 shall not be taken into account under this section. . (b) Effective date The amendment made by this section shall apply to any qualified residence acquired after December 31, 2021. 302. Energy efficient home improvement credit (a) In general Section 25C is amended to read as follows: 25C. Energy efficient home improvement credit (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the lesser of— (1) the sum of the applicable qualified property amounts for any qualified property placed in service by the individual during such taxable year, or (2) $1,500. (b) Applicable qualified property amount (1) In general For any qualified property, the applicable qualified property amount shall be equal to the lesser of— (A) 30 percent of the amount paid or incurred by the individual for such qualified property (including any expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of such property), or (B) $600. (2) Adjustment for inflation (A) In general In the case of a taxable year beginning after 2022, the dollar amount in paragraph (1)(B) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding If any amount as increased under subparagraph (A) is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. (c) Qualified property (1) In general The term qualified property means a furnace, boiler, condensing water heater, central air conditioning unit, heat pump, biomass property, or building envelope improvement which— (A) except in the case of a building envelope improvement, meets or exceeds the requirements of the highest efficiency tier (not including any advanced tier) established by the Consortium for Energy Efficiency which are in effect at the time that the property is placed in service, (B) is installed according to applicable Air Conditioning Contractors of America Quality Installation standards which are in effect at the time that the property was placed in service, (C) is for use in a dwelling unit which is located in the United States and used as a residence by the individual, and (D) is reasonably expected to remain in service in such dwelling unit for not less than 5 years. (2) Special rules for certain heat pumps (A) Air-source heat pumps In the case of any air-source heat pump which satisfies the requirements under paragraph (1), subsection (b)(1)(B) shall be applied by substituting $800 for $600 . (B) Ground source heat pump (i) In general In the case of any qualified geothermal heat pump property which satisfies the requirements under subparagraphs (B) through (D) of paragraph (1)— (I) subsection (b)(1)(B) shall be applied by substituting $10,000 for $600 , and (II) subsection (a)(2) shall not apply. (ii) Qualified geothermal heat pump property For purposes of this subparagraph, the term qualified geothermal heat pump property means any equipment which— (I) uses the ground or ground water as a thermal energy source to heat a dwelling unit located in the United States and used as a residence by the taxpayer or as a thermal energy sink to cool such dwelling unit, and (II) meets the requirements of the Energy Star program which are in effect at the time that the expenditure for such equipment is made. (3) Special rule for insulation In the case of any building envelope improvement described in subsection (d)(2)(A) which satisfies the requirements under paragraph (1), subsection (b)(1)(B) shall not apply. (d) Other definitions (1) Biomass property (A) In general For purposes of this section, the term biomass property means any property which— (i) uses the burning of biomass fuel to heat a dwelling unit or to heat water for use in a dwelling unit, and (ii) using the higher heating value, has a thermal efficiency of not less than 75 percent. (B) Biomass fuel For purposes of subparagraph (A), the term biomass fuel means any plant-derived fuel which is available on a renewable or recurring basis, including any such fuel which has been subject to a densification process (such as wood pellets). (2) Building envelope improvement For purposes of this section, the term building envelope improvement means— (A) any insulation material or system which— (i) is specifically and primarily designed to reduce the heat loss or gain of a dwelling unit when installed in or on such dwelling unit, and (ii) meets the prescriptive criteria for such material or system established by the International Energy Conservation Code, as such Code (including supplements) is in effect on January 1 of the calendar year in which such material or system is installed, and (B) exterior doors and windows (including skylights) which received the most efficient certification under applicable Energy Star program requirements which are in effect on January 1 of the calendar year in which the property is placed in service. (3) Manufactured homes included For purposes of this section, the term dwelling unit includes a manufactured home which conforms to Federal Manufactured Home Construction and Safety Standards (part 3280 of title 24, Code of Federal Regulations). (e) Denial of double benefit No credit shall be allowed under subsection (a) for any amounts paid or incurred for which a deduction or credit is allowed under any other provision of this chapter. . (b) Clerical amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 25C and inserting after the item relating to section 25B the following item: 25C. Energy efficient home improvement credit. . (c) Effective date The amendments made by this section shall apply to qualified property placed in service after December 31, 2021. 303. Enhancement of energy efficient commercial buildings deduction (a) In general Section 179D is amended— (1) by striking subsection (b) and inserting the following: (b) Maximum amount of deduction (1) In general The deduction under subsection (a) with respect to any building for any taxable year shall not exceed the excess (if any) of— (A) the product of— (i) the applicable dollar value, and (ii) the square footage of the building, over (B) the aggregate amount of the deductions under subsection (a) with respect to the building for all prior taxable years. (2) Applicable dollar value For purposes of paragraph (1)(A)(i), the applicable dollar value shall be an amount equal to $2.50 increased (but not above $5.00) by $0.10 for each percentage point by which the total annual energy and power costs for the building are certified to be reduced by a percentage greater than 25 percent. , (2) in subsection (c)(1)— (A) in subparagraph (C)(iii), by striking and at the end, (B) in subparagraph (D)— (i) by striking 50 percent and inserting 25 percent , and (ii) by striking the period at the end and inserting , and , and (C) by adding at the end the following: (E) which satisfies the requirements— (i) under subsection (d)(7), and (ii) with respect to the construction of such property, the requirements under section 601 of the Clean Energy for America Act . , (3) in subsection (d)— (A) by striking paragraph (1), (B) by striking paragraph (4) and inserting the following: (4) Allocation of deduction (A) In general In the case of energy efficient commercial building property installed on or in property owned by an eligible entity, the Secretary shall promulgate regulations to allow the allocation of the deduction to the person primarily responsible for designing the property in lieu of the owner of such property, with such person to be treated as the taxpayer for purposes of this section. (B) Eligible entity For purposes of this paragraph, the term eligible entity means— (i) a Federal, State, or local government or a political subdivision thereof, (ii) an Indian tribe (as defined in section 45A(c)(6)), or (iii) an organization described in section 501(c) and exempt from tax under section 501(a). , and (C) by adding at the end the following: (7) Wage requirements The requirements described in this paragraph with respect to any property are that the taxpayer shall ensure that any laborers and mechanics employed by contractors and subcontractors in the construction of such property shall be paid wages at rates not less than the prevailing rates for construction of a similar character in the locality as determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. , (4) by striking subsection (f), and (5) in subsection (g)— (A) by striking 2020, each dollar amount in subsection (b) or subsection (d)(1)(A) and inserting 2022, each dollar amount in subsection (b)(2) , (B) in paragraph (2), by striking 2019 and inserting 2021 , and (C) in the flush matter at the end, by striking a multiple of 1 cent shall be rounded to the nearest cent and inserting a multiple of 10 cents shall be rounded to the nearest multiple of 10 cents . (b) Conforming amendments Section 179D , as amended by subsection (a), is amended— (1) in subsection (c)(1)(D)— (A) by striking subsection (d)(6) and inserting subsection (d)(5) , and (B) by striking subsection (d)(2) and inserting subsection (d)(1) , (2) in subsection (d)— (A) by redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively, (B) in paragraph (2), as so redesignated, by striking paragraph (2) and inserting paragraph (1) , and (C) in paragraph (4), as so redesignated, by striking paragraph (3)(B)(iii) and inserting paragraph (2)(B)(iii) , (3) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively, and (4) in subsection (g)(2), as so redesignated, by striking or (d)(1)(A) . (c) Effective date The amendments made by this section shall apply to any property placed in service after December 31, 2021. 304. Enhancement of energy credit for geothermal heat pumps (a) In general Section 48(a) is amended— (1) in paragraph (2)(A)(i)(III), by striking paragraph (3)(A)(ii) and inserting clause (ii) or (vii) of paragraph (3)(A) , and (2) in paragraph (3)(A)(vii), by striking but only with respect to property the construction of which begins before January 1, 2024, . (b) Effective date The amendments made by this section shall apply to property the construction of which begins after December 31, 2021. IV Clean electricity and fuel bonds 401. Clean energy bonds (a) In general Part IV of subchapter A of chapter 1 is amended by inserting after subpart G the following new subpart: H Clean energy bonds Sec. 54. Clean energy bonds. 54. Clean energy bonds (a) In general If a taxpayer holds a clean energy bond on one or more interest payment dates of the bond during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to such dates. (b) Amount of credit (1) In general The amount of the credit determined under this subsection with respect to any interest payment date for a clean energy bond is the applicable percentage (as determined under paragraph (2)) of the amount of interest payable by the issuer with respect to such date. (2) Applicable percentage (A) In general (i) Maximum percentage Except as provided in clause (ii), the applicable percentage is 70 percent. (ii) Reduction of credit based on greenhouse gas emission rate In the case of a qualified facility described in subsection (e)(4) of section 45V, the applicable percentage shall be reduced (but not below zero) by an amount which bears the same ratio to the percentage in effect under clause (i) as the anticipated average emissions rate for all transportation fuel produced by such facility bears to the baseline emissions rate (as determined under subsection (b)(1)(B) of such section). (B) Rounding If any applicable percentage determined under subparagraph (A) is not a whole percentage point, such percentage shall be rounded to the nearest whole percentage point. (C) Published emissions rules Rules similar to the rules of section 45V(b) shall apply for purposes of this section. (c) Limitation based on amount of tax (1) In general The credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (B) the sum of the credits allowable under this part (other than subpart C and this subpart). (2) Carryover of unused credit If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year (determined before the application of paragraph (1) for such succeeding taxable year). (d) Clean energy bond (1) In general For purposes of this section, the term clean energy bond means any bond issued as part of an issue if— (A) 100 percent of the excess of the available project proceeds of such issue over the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect to such issue are to be used for capital expenditures incurred by an entity described in subparagraph (B) for— (i) 1 or more qualified facilities, or (ii) grid improvement property (as defined in section 48D(c)(1)(B)), (B) the bond is issued by— (i) a governmental body, (ii) a public power provider, or (iii) a cooperative electric company, and (C) the issuer makes an irrevocable election to have this section apply. (2) Applicable rules For purposes of applying paragraph (1)— (A) for purposes of section 149(b), a clean energy bond shall not be treated as federally guaranteed by reason of the credit allowed under subsection (a) or section 6431, (B) for purposes of section 148, the yield on a clean energy bond shall be determined without regard to the credit allowed under subsection (a), and (C) a bond shall not be treated as a clean energy bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond. (e) Definitions In this section: (1) Available project proceeds The term available project proceeds means— (A) the excess of— (i) the proceeds from the sale of an issue, over (ii) the issuance costs financed by the issue (to the extent that such costs do not exceed 2 percent of such proceeds), and (B) the proceeds from any investment of the excess described in subparagraph (A). (2) Cooperative electric company The term cooperative electric company means a mutual or cooperative electric company described in section 501(c)(12) or section 1381(a)(2)(C). (3) Governmental body The term governmental body means any State or Indian tribal government, or any political subdivision thereof. (4) Interest payment date The term interest payment date means any date on which the holder of record of the clean energy bond is entitled to a payment of interest under such bond. (5) Public power provider The term public power provider means a State utility with a service obligation, as such terms are defined in section 217 of the Federal Power Act (as in effect on the date of the enactment of this paragraph). (6) Qualified facility The term qualified facility means a facility which— (A) is described in section 45U(b)(1)(A) and satisfies the requirements under clause (iv) of such section, or (B) (i) is described in subsection (e)(4) of section 45V and satisfies the requirements under subparagraph (B) of such subsection, and (ii) only produces transportation fuel which has an emissions rate of less than 75 kilograms of CO 2 e per mmBTU (as such terms are defined in subsections (b) and (e) of section 45V). (f) Credit phase-Out (1) Electrical production and energy storage property In the case of a clean energy bond for which the proceeds are used for capital expenditures incurred by an entity for a qualified facility described in subsection (e)(6)(A) or any property described in subsection (d)(1)(A)(ii), if the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the annual greenhouse gas emissions from the production of electricity in the United States are equal to or less than the percentage specified in section 45U(d)(1), the amount of the credit determined under subsection (b) with respect to any clean energy bond issued during a calendar year described in paragraph (3) shall be equal to the product of— (A) the amount determined under subsection (b) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (3). (2) Fuel production In the case of a clean energy bond for which the proceeds are used for capital expenditures incurred by an entity for a qualified facility described in subsection (e)(6)(B), if the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines that the annual greenhouse gas emissions from the transportation of persons and goods annually in the United States are equal to or less than the percentage specified in section 45V(d)(1), the amount of the credit determined under subsection (b) with respect to any clean energy bond issued during a calendar year described in paragraph (3) shall be equal to the product of— (A) the amount determined under subsection (b) without regard to this subsection, multiplied by (B) the phase-out percentage under paragraph (3). (3) Phase-out percentage The phase-out percentage under this paragraph is equal to— (A) for any bond issued during the first calendar year following the calendar year in which the determination described in paragraph (1) or (2) is made, 100 percent, (B) for any bond issued during the second calendar year following such determination year, 75 percent, (C) for any bond issued during the third calendar year following such determination year, 50 percent, and (D) for any bond issued during any calendar year subsequent to the year described in subparagraph (C), 0 percent. (g) Special rules (1) Interest on clean energy bonds includible in gross income for Federal income tax purposes For purposes of this title, interest on any clean energy bond shall be includible in gross income. (2) S corporations and partnerships In the case of a clean energy bond held by an S corporation or partnership, the allocation of the credit allowed by this section to the shareholders of such corporation or partners of such partnership shall be treated as a distribution. (3) Bonds held by real estate investment trusts If any clean energy bond is held by a real estate investment trust, the credit determined under subsection (a) shall be allowed to beneficiaries of such trust (and any gross income included under paragraph (1) with respect to such credit shall be distributed to such beneficiaries) under procedures prescribed by the Secretary. (4) Credits may be stripped Under regulations prescribed by the Secretary— (A) In general There may be a separation (including at issuance) of the ownership of a clean energy bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. (B) Certain rules to apply In the case of a separation described in subparagraph (A), the rules of section 1286 shall apply to the clean energy bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. (h) Regulations The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section and section 6431. . (b) Credit for qualified clean energy bonds allowed to issuer Subchapter B of chapter 65 of subtitle F is amended by adding at the end the following new section: 6431. Credit for qualified clean energy bonds allowed to issuer (a) In general The issuer of a qualified clean energy bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). (b) Payment of credit (1) In general The Secretary shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) the applicable percentage (as determined under section 54(b)) of the interest payable under such bond on such date. (2) Interest payment date For purposes of this subsection, the term interest payment date means each date on which interest is payable by the issuer under the terms of the bond. (c) Application of arbitrage rules For purposes of section 148, the yield on a qualified clean energy bond shall be reduced by the credit allowed under this section. (d) Qualified clean energy bond For purposes of this section, the term qualified clean energy bond means a clean energy bond (as defined in section 54(d)) issued as part of an issue if the issuer, in lieu of any credit allowed under section 54(a) with respect to such bond, makes an irrevocable election to have this section apply. . (c) Conforming amendments (1) The table of subparts for part IV of subchapter A of chapter 1 is amended by inserting after the item relating to subpart G the following: Subpart H—Clean Energy Bonds . (2) The table of sections for subchapter B of chapter 65 of subtitle F is amended by adding at the end the following new item: Sec. 6431. Credit for qualified clean energy bonds allowed to issuer. . (3) Subparagraph (A) of section 6211(b)(4) is amended by striking and 6428A and inserting 6428A, and 6431 . (d) Gross-Up of payment to issuers in case of sequestration (1) In general In the case of any payment under subsection (b) of section 6431 of the Internal Revenue Code of 1986 (as added by this Act) made after the date of the enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to— (A) such payment (determined before such sequestration), multiplied by (B) the quotient obtained by dividing 1 by the amount by which 1 exceeds the percentage reduction in such payment pursuant to such sequestration. (2) Sequestration For purposes of this subsection, the term sequestration means any reduction in direct spending ordered by the President under the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010. (e) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2022. V Termination of certain fossil fuel provisions 501 Termination of provisions relating to oil, gas, and other materials (a) Amortization of geological and geophysical expenditures Section 167(h) is amended by adding at the end the following new paragraph: (6) Termination This subsection shall not apply to any expenses paid or incurred during any taxable year beginning after the date of the enactment of the Clean Energy for America Act . . (b) Alaska natural gas pipelines Subparagraph (B) of section 168(i)(16) is amended to read as follows: (B) is— (i) (I) placed in service after December 31, 2013, or (II) treated as placed in service on January 1, 2014, if the taxpayer who places such system in service before January 1, 2014, elects such treatment, and (ii) placed in service before the end of the calendar year in which the Clean Energy for America Act is enacted. . (c) Natural gas gathering line Paragraph (17) of section 168(i) is amended— (1) in subparagraph (A), by inserting which are placed in service before the end of the calendar year in which the Clean Energy for America Act is enacted and are after pipe, equipment, and appurtenances , and (2) in subparagraph (B), by inserting which are placed in service before the end of the calendar year in which the Clean Energy for America Act is enacted and are after pipe, equipment, and appurtenances . (d) Repeal of deduction for tertiary injectants Subsection (c) of section 193 is amended— (1) in paragraph (1), by striking or at the end, (2) in paragraph (2), by striking the period at the end and inserting , or , and (3) by inserting at the end the following: (3) which is paid or incurred during any taxable year beginning after the date of the enactment of the Clean Energy for America Act . . (e) Intangible drilling and development costs Subsection (c) of section 263 is amended to read as follows: (c) Intangible drilling and development costs in the case of oil and gas wells and geothermal wells (1) In general Notwithstanding subsection (a), and except as provided in subsection (i), regulations shall be prescribed by the Secretary under this subtitle corresponding to the regulations which granted the option to deduct as expenses intangible drilling and development costs in the case of oil and gas wells and which were recognized and approved by the Congress in House Concurrent Resolution 50, Seventy-ninth Congress. Such regulations shall also grant the option to deduct as expenses intangible drilling and development costs in the case of wells drilled for any geothermal deposit (as defined in section 613(e)(2)) to the same extent and in the same manner as such expenses are deductible in the case of oil and gas wells. This subsection shall not apply with respect to any costs to which any deduction is allowed under section 59(e) or 291. (2) Exclusion (A) In general This subsection shall not apply to amounts paid or incurred by a taxpayer with regard to any oil or gas well in any taxable year beginning after the date of the enactment of the Clean Energy for America Act . (B) Amortization of excluded amounts The amount not allowable as a deduction for any taxable year by reason of subparagraph (A) shall be allowable as a deduction ratably over the 60-month period beginning with the month in which the costs are paid or incurred. For purposes of section 1254, any deduction under this subparagraph shall be treated as a deduction under this subsection. . (f) Percentage depletion (1) Percentage depletion of oil and gas wells, coal, lignite, and oil shale Section 613 is amended— (A) in subsection (a), by striking (100 percent in the case of oil and gas properties) , (B) in subsection (b)— (i) by striking paragraph (2) and inserting the following: (2) 15 percent If from deposits in the United States, gold, silver, copper, and iron ore. , (ii) in paragraph (4), by striking coal, lignite, , (iii) in paragraph (5), by inserting (except oil shale) after Clay and shale , and (iv) in paragraph (6)(A), by striking (except shale described in paragraph (2)(B) or (5)) and inserting (except oil shale and shale described in paragraph (5)) , (C) in subsection (c)(4)— (i) by striking subparagraphs (A) and (H), (ii) by inserting and at the end of subparagraph (G), (iii) by redesignating subparagraphs (B) through (G) as subparagraphs (A) through (F), respectively, and (iv) by redesignating subparagraph (I) as subparagraph (G), (D) in subsection (d), by striking Except as provided in section 613A, in the case of and inserting In the case of , and (E) in subsection (e)(2), by striking or section 613A . (2) Oil and gas wells Section 613A is amended by adding at the end the following new subsection: (f) Termination This section shall not apply to any taxable year beginning after the date of the enactment of the Clean Energy for America Act . . (3) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (g) Termination of capital gains treatment for royalties from coal (1) In general Subsection (c) of section 631 is amended— (A) by striking coal (including lignite), or iron ore and inserting iron ore , (B) by striking coal or iron ore each place it appears and inserting iron ore , (C) by striking iron ore or coal each place it appears and inserting iron ore , and (D) by striking coal or in the heading. (2) Conforming amendment The heading of section 631 of the Internal Revenue Code of 1986 is amended by striking , coal, . (3) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (h) Enhanced oil recovery credit (1) In general Subpart D of part IV of subchapter A of chapter 1 is amended by striking section 43. (2) Conforming amendments (A) Section 38(b) is amended by striking paragraph (6). (B) Section 45Q is amended— (i) by striking section 43(b)(3)(B) each place it appears and inserting section 43(b)(3)(B) (as in effect on the day before the date of the enactment of the Clean Energy for America Act ) , and (ii) in subsection (e)(2), by inserting (as in effect on the day before the date of the enactment of the Clean Energy for America Act ) after section 43(c)(2) . (C) Section 196(c) is amended— (i) by striking paragraph (5), and (ii) by redesignating paragraphs (6) through (14) as paragraphs (5) through (13), respectively. (3) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (i) Credit for producing oil and gas from marginal wells (1) In general Subpart D of part IV of subchapter A of chapter 1 is amended by striking section 45I. (2) Conforming amendment Section 38(b) is amended by striking paragraph (19). (3) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (j) Qualifying advanced coal project credit (1) In general Subpart E of part IV of subchapter A of chapter 1 is amended by striking section 48A. (2) Conforming amendments (A) Section 46 , as amended by section 102 of this Act, is amended by striking paragraph (3) and redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. (B) Section 49(a)(1)(C), as amended by section 102 of this Act, is amended by striking clause (iii) and redesignating clauses (iv) through (vii) as clauses (iii) through (vi), respectively. (C) Section 50(a)(2)(E), as amended by section 102 of this Act, is amended by striking 48A(b)(3), . (3) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (k) Qualifying gasification project credit (1) In general Subpart E of part IV of subchapter A of chapter 1 is amended by striking section 48B. (2) Conforming amendments (A) Section 46 , as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (B) Section 49(a)(1)(C), as amended by this Act, is amended by striking clause (iii) and redesignating clauses (iv) through (vi) as clauses (iii) through (v). (C) Section 50(a)(2)(E), as amended by this Act, is amended by striking 48B(b)(3), . (3) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (4) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. (l) Reinstatement of treatment of foreign base company oil related income as foreign base company income (1) In general Section 954(a) is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following new paragraph: (4) the foreign base company oil related income for the taxable year (determined under subsection (g) and reduced as provided in subsection (b)(5)). . (2) Foreign base company oil related income Section 954 is amended by inserting before subsection (h) the following new subsection: (g) Foreign base company oil related income For purposes of this section— (1) In general Except as otherwise provided in this subsection, the term foreign base company oil related income means foreign oil related income (within the meaning of paragraphs (2) and (3) of section 907(c)) other than income derived from a source within a foreign country in connection with— (A) oil or gas which was extracted from an oil or gas well located in such foreign country, or (B) oil, gas, or a primary product of oil or gas which is sold by the foreign corporation or a related person for use or consumption within such country or is loaded in such country on a vessel or aircraft as fuel for such vessel or aircraft. Such term shall not include any foreign personal holding company income (as defined in subsection (c)). (2) Paragraph (1) applies only where corporation has produced 1,000 barrels per day or more (A) In general The term foreign base company oil related income shall not include any income of a foreign corporation if such corporation is not a large oil producer for the taxable year. (B) Large oil producer For purposes of subparagraph (A), the term large oil producer means any corporation if, for the taxable year or for the preceding taxable year, the average daily production of foreign crude oil and natural gas of the related group which includes such corporation equaled or exceeded 1,000 barrels. (C) Related group The term related group means a group consisting of the foreign corporation and any other person who is a related person with respect to such corporation. (D) Average daily production of foreign crude oil and natural gas For purposes of this paragraph, the average daily production of foreign crude oil or natural gas of any related group for any taxable year (and the conversion of cubic feet of natural gas into barrels) shall be determined under rules similar to the rules of section 613A except that only crude oil or natural gas from a well located outside the United States shall be taken into account. . (3) Conforming amendments (A) Section 952(c)(1)(B)(iii) is amended by redesignating subclauses (I) through (IV) as subclauses (II) through (V), respectively, and by inserting before subclause (II) (as redesignated) the following new subclause: (I) foreign base company oil related income, . (B) Section 954(b) is amended— (i) in paragraph (4), by inserting at the end the following new sentence: The preceding sentence shall not apply to foreign base company oil-related income described in subsection (a)(4). , (ii) in paragraph (5), by striking and the foreign base company services income and inserting the foreign base company services income, and the foreign base company oil related income , and (iii) by adding at the end the following new paragraph: (6) Foreign base company oil related income not treated as another kind of base company income Income of a corporation which is foreign base company oil related income shall not be considered foreign base company income of such corporation under paragraph (2) or (3) of subsection (a). . (4) Effective date The amendments made by this subsection shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end. (m) Inclusion of foreign oil and gas extraction income in tested income for purpose of determining global intangible low-Taxed income (1) In general Section 951A(c)(2)(A)(i) is amended by inserting and at the end of subclause (III), by striking and at the end of subclause (IV) and inserting over , and by striking subclause (V). (2) Effective date The amendments made by this subsection shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such tax years of foreign corporations end. (n) Repeal of corporate income tax exemption for publicly traded partnerships with qualifying income and gains from activities relating to fossil fuels (1) In general Section 7704(d)(1) is amended— (A) in subparagraph (E), by striking (including pipelines transporting gas, oil, or products thereof) , and (B) in the flush matter at the end, by inserting or any coal, gas, oil, or products thereof before the period. (2) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date of the enactment of this Act. VI Workforce development requirements 601. Use of qualified apprentices (a) In general All contractors and subcontractors engaged in the performance of construction, alteration, or repair work on any applicable project shall, subject to subsection (b), ensure that not less than 15 percent of the total labor hours of such work be performed by qualified apprentices. (b) Apprentice-to-Journeyworker ratio The requirement under subsection (a) shall be subject to any applicable requirements for apprentice-to-journeyworker ratios of the Department of Labor or the applicable State apprenticeship agency. (c) Participation Each contractor and subcontractor who employs 4 or more individuals to perform construction, alteration, or repair work on an applicable project shall employ 1 or more qualified apprentices to perform such work. (d) Exception Notwithstanding any other provision in this section, this section shall not apply in the case of a taxpayer who— (1) demonstrates a lack of availability of qualified apprentices in the geographic area of the construction, alteration, or repair work; and (2) makes a good faith effort, and its contractors and subcontractors make a good faith effort, to comply with the requirements of this section. (e) Definitions In this section: (1) Applicable project The term applicable project means, with respect to— (A) subsection (e)(7)(A)(ii) of section 30C of the Internal Revenue Code of 1986, (B) subsection (f)(8)(A)(ii) of section 45Q of such Code, (C) subsection (b)(1)(A)(iv)(II) of section 45U of such Code, (D) subsections (b)(3)(A)(iv)(II) and (c)(1)(B)(ii) of section 48D of such Code, and (E) subsection 9c)(1)(E)(ii) of section 179D of such Code, any property, equipment, or facility for which a credit is allowed under such sections. (2) Labor hours The term labor hours — (A) means the total number of hours devoted to the performance of construction, alteration, or repair work by employees of the contractor or subcontractor; and (B) excludes any hours worked by— (i) foremen; (ii) superintendents; (iii) owners; or (iv) persons employed in a bona fide executive, administrative, or professional capacity (within the meaning of those terms in part 541 of title 29, Code of Federal Regulations). (3) Qualified apprentice The term qualified apprentice means an individual who is an employee of the contractor or subcontractor and who is participating in a registered apprenticeship program, as defined in section 3131(e)(3)(B) of the Internal Revenue Code of 1986. | https://www.govinfo.gov/content/pkg/BILLS-117s1298is/xml/BILLS-117s1298is.xml |
117-s-1299 | II 117th CONGRESS 1st Session S. 1299 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Young (for himself, Ms. Cortez Masto , Mr. Scott of South Carolina , Mr. Bennet , Mr. Cardin , and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide for the tax-exempt financing of certain government-owned buildings.
1. Short title This Act may be cited as the Public Buildings Renewal Act of 2021 . 2. Tax-exempt financing of qualified government buildings (a) In general Section 142(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , or , and by adding at the end the following new paragraph: (16) qualified government buildings. . (b) Qualified government buildings Section 142 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (n) Qualified governmental buildings (1) In general For purposes of subsection (a)(16), the term qualified governmental buildings means any building or facility that consists of one or more of the following: (A) An elementary school or a secondary school (within the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 8801 ), as in effect on the date of the enactment of this subsection). (B) A facility of a State college or university used for educational purposes. (C) A library maintained for, and open to, the general public. (D) A court of law. (E) A hospital or health care facility. (F) A laboratory or research facility used by a governmental unit. (G) A public safety facility (including police, fire, enhanced 911, emergency or disaster management, and ambulance or emergency medical service facilities and jails and correctional facilities). (H) An office for employees of a governmental unit. Such term shall include any equipment, functionally related and subordinate facility, or land (and any real property rights appurtenant thereto) with respect to any such building or facility. (2) Specifically excluded facilities Such term shall not include— (A) a building or facility the primary purpose of which is one of the following: retail food and beverage services, or the provision of recreation or entertainment, or (B) any building or facility that includes any of the following: any private or commercial golf course, country club, massage parlor, tennis club, skating facility (including roller skating, skateboard, and ice skating), racquet sports facility (including any handball or racquetball court), hot tub facility, suntan facility, racetrack, convention center, or sports stadium or arena. (3) National limitation on amount of tax-exempt financing for qualified governmental building (A) National limitation The aggregate amount allocated by the Secretary under subparagraph (C) shall not exceed $5,000,000,000. (B) Enforcement of national limitation An issue shall not be treated as an issue described in subsection (a)(16) if the aggregate face amount of bonds issued pursuant to such issue for any qualified governmental building (when added to the aggregate face amount of bonds previously so issued for such facility) exceeds the amount allocated to such qualified governmental building under subparagraph (C). (C) Allocation by the Secretary The Secretary shall allocate, on a first come, first serve basis, a portion of the amount described in subparagraph (A) to a qualified governmental building if the Secretary determines that— (i) the application for financing of such qualified governmental building meets the requirements set forth in subparagraph (D), and (ii) the amount of the allocation requested, if allocated by the Secretary, would not cause the national limitation set forth in subparagraph (A) to be exceeded. (D) Applications for financing An application for financing a qualified governmental building meets the requirements of this subparagraph if such application includes— (i) the amount of the allocation requested, (ii) the name of the governmental unit that will own the project, together with complete contact information, (iii) a description of the project as a whole and the proposed organizational and legal structure of the project, (iv) a timeline showing the estimated start and completion dates for each major phase or milestone of project development and an indication of the current status of milestones on this timeline, including all necessary permits and environmental approvals, (v) a statement of anticipated sources and uses of funds for the project, and (vi) the following declaration signed by an individual who has personal knowledge of the relevant facts and circumstances: “Under penalties of perjury, I declare that I have examined this document and, to the best of my knowledge and belief, the document contains all the relevant facts relating to the document, and such facts are true, correct, and complete.” (E) Use of allocation in a timely manner If, following an allocation by the Secretary under subparagraph (C), bonds are not issued in the amount of such allocation after the date that is 2 years after the date of such allocation, then the unused portion of the allocation shall be withdrawn, unless the Secretary, upon a showing of good cause by the applicant, grants an extension of such date. (4) Exception for current refunding bonds Paragraph (3) shall not apply to any bond (or series of bonds) issued to refund a bond issued under subsection (a)(16) if— (A) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (B) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (C) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. For purposes of subparagraph (A), average maturity shall be determined in accordance with section 147(b)(2)(A). (5) Office space Subsection (b)(2) shall not apply with respect to any qualified governmental building. (6) No depreciation or investment credit No depreciation, amortization, or business credit under section 38 shall be allowed with respect to any facility described in subsection (a)(16) which has been financed by the net proceeds of the issue. . (c) Governmentally owned requirement Section 142(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking or (12) and inserting (12), or (16) . (d) Exemption from volume cap on private activity bonds Section 146(g)(3) of the Internal Revenue Code of 1986 is amended by striking or (15) and inserting (15), or (16) . (e) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1299is/xml/BILLS-117s1299is.xml |
117-s-1300 | II 117th CONGRESS 1st Session S. 1300 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Cardin (for himself, Mr. Portman , Ms. Stabenow , Mr. Crapo , Ms. Cantwell , Mr. Daines , Mr. Brown , Ms. Collins , Mr. Casey , Mr. Risch , Mr. Whitehouse , Mr. Blunt , Ms. Hassan , Mr. Boozman , Mr. Leahy , Mrs. Fischer , Mrs. Murray , Ms. Ernst , Mr. Sanders , Ms. Klobuchar , Mr. Tester , Mrs. Shaheen , Mr. King , Mr. Booker , Mr. Peters , Mr. Van Hollen , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 and the Small Business Act to expand the availability of employee stock ownership plans in S corporations, and for other purposes.
1. Short title This Act may be cited as the Promotion and Expansion of Private Employee Ownership Act of 2021 . 2. Findings Congress finds that— (1) on January 1, 1998—nearly 25 years after the Employee Retirement Income Security Act of 1974 was enacted and the employee stock ownership plan (hereafter in this section referred to as an ESOP ) was created—employees were first permitted to be owners of subchapter S corporations pursuant to the Small Business Job Protection Act of 1996 ( Public Law 104–188 ); (2) with the passage of the Taxpayer Relief Act of 1997 ( Public Law 105–34 ), Congress designed incentives to encourage businesses to become ESOP-owned S corporations; (3) since that time, several thousand companies have become ESOP-owned S corporations, creating an ownership interest for several million Americans in companies in every State in the country, in industries ranging from heavy manufacturing to technology development to services; (4) while estimates show that 40 percent of working Americans have no formal retirement account at all, every United States worker who is an employee-owner of an S corporation company through an ESOP has a valuable qualified retirement savings account; (5) recent studies have shown that employees of ESOP-owned S corporations enjoy greater job stability than employees of comparable companies; (6) studies also show that employee-owners of S corporation ESOP companies have amassed meaningful retirement savings through their S ESOP accounts that will give them the means to retire with dignity; (7) under the Small Business Act ( 15 U.S.C. 631 et seq.) and the regulations promulgated by the Administrator of the Small Business Administration, a small business concern that was eligible under the Small Business Act for the numerous preferences of the Act is denied treatment as a small business concern after an ESOP acquires more than 49 percent of the business, even if the number of employees, the revenue of the small business concern, and the racial, gender, or other criteria used under the Act to determine whether the small business concern is eligible for benefits under the Act remain the same, solely because of the acquisition by the ESOP; and (8) it is the goal of Congress to both preserve and foster employee ownership of S corporations through ESOPs. 3. Deferral of tax for certain sales of employer stock to employee stock ownership plan sponsored by S corporation (a) In general Subparagraph (A) of section 1042(c)(1) of the Internal Revenue Code of 1986 is amended by striking domestic C corporation and inserting domestic corporation . (b) Effective date The amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act. 4. Department of the Treasury Technical Assistance Office (a) Establishment required Before the end of the 90-day period beginning on the date of enactment of this Act, the Secretary of the Treasury shall establish the S Corporation Employee Ownership Assistance Office to foster increased employee ownership of S corporations. (b) Duties of the office The S Corporation Employee Ownership Assistance Office shall provide— (1) education and outreach to inform companies and individuals about the possibilities and benefits of employee ownership of S corporations; and (2) technical assistance to assist S corporations in sponsoring employee stock ownership plans. 5. Small business and employee stock ownership (a) In general The Small Business Act ( 15 U.S.C. 631 et seq.) is amended— (1) by redesignating section 49 as section 50; and (2) by inserting after section 48 the following: 49. Employee stock ownership plans (a) Definitions In this section— (1) the term ESOP means an employee stock ownership plan, as defined in section 4975(e)(7) of the Internal Revenue Code of 1986, as amended; and (2) the term ESOP business concern means a business concern that was a small business concern eligible for a loan, preference, or other program under this Act before the date on which more than 49 percent of the business concern was acquired by an ESOP. (b) Continued eligibility In determining whether an ESOP business concern qualifies as a small business concern for purposes of a loan, preference, or other program under this Act, each ESOP participant shall be treated as directly owning his or her proportionate share of the stock in the ESOP business concern owned by the ESOP. . (b) Effective date The amendments made by this section shall take effect on January 1 of the first calendar year beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1300is/xml/BILLS-117s1300is.xml |
117-s-1301 | II 117th CONGRESS 1st Session S. 1301 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Brown (for himself, Mr. Wicker , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the publication by the Secretary of Health and Human Services of physical activity recommendations for Americans.
1. Short title This Act may be cited as the Promoting Physical Activity for Americans Act . 2. Physical activity recommendations for Americans (a) Reports (1) In general Not later than December 31, 2028, and at least every 10 years thereafter, the Secretary of Health and Human Services (referred to in this section as the Secretary ) shall publish a report that provides physical activity recommendations for the people of the United States. Each such report shall contain physical activity information and recommendations for consideration and use by the general public, and shall be considered, as applicable and appropriate, by relevant Federal agencies in carrying out relevant Federal health programs. (2) Basis of recommendations The information contained in each report required under paragraph (1) shall be based on the most current evidence-based scientific and medical knowledge at the time the report is prepared, and shall include additional recommendations for population subgroups, such as children or individuals with disabilities, including information regarding engagement in appropriate physical activity and avoiding inactivity. (3) Update reports Not later than 5 years after the publication of the first report under paragraph (1), and at least every 10 years thereafter, the Secretary shall publish an updated report detailing evidence-based practices and highlighting continuing issues with respect to physical activity. The contents of reports under this paragraph may focus on a particular group, subsection, or other division of the general public or on a particular issue relating to physical activity. (b) Interaction with other recommendations Federal agencies proposing to issue physical activity recommendations that differ from the recommendations in the most recent report published under subsection (a)(1) shall, as applicable and appropriate, take into consideration the recommendations provided through reports issued under this Act. (c) Existing authority not affected This section is not intended to limit the support of biomedical research by any Federal agency or to limit the presentation or communication of scientific or medical findings or review of such findings by any Federal agency. (d) Limitation Notwithstanding any other provision of this Act, no physical fitness standard established under this Act shall be binding on any individual as a matter of Federal law or regulation. | https://www.govinfo.gov/content/pkg/BILLS-117s1301is/xml/BILLS-117s1301is.xml |
117-s-1302 | II 117th CONGRESS 1st Session S. 1302 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Brown (for himself, Ms. Collins , Ms. Murkowski , Mr. Cassidy , Ms. Smith , Ms. Warren , Mr. Bennet , Mr. Reed , Mr. Leahy , Mr. Casey , Mr. Murphy , Mrs. Murray , Mr. Menendez , Mr. Whitehouse , Ms. Stabenow , Ms. Cortez Masto , Mr. Blumenthal , Ms. Hassan , Mr. Merkley , Ms. Baldwin , Ms. Klobuchar , Mr. Van Hollen , Mr. Booker , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to repeal the Government pension offset and windfall elimination provisions.
1. Short title This Act may be cited as the Social Security Fairness Act . 2. Repeal of government pension offset provision (a) In general Section 202(k) of the Social Security Act ( 42 U.S.C. 402(k) ) is amended by striking paragraph (5). (b) Conforming amendments (1) Section 202(b)(2) of the Social Security Act ( 42 U.S.C. 402(b)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q) . (2) Section 202(c)(2) of such Act ( 42 U.S.C. 402(c)(2) ) is amended by striking subsections (k)(5) and (q) and inserting subsection (q) . (3) Section 202(e)(2)(A) of such Act ( 42 U.S.C. 402(e)(2)(A) ) is amended by striking subsection (k)(5), subsection (q), and inserting subsection (q) . (4) Section 202(f)(2)(A) of such Act ( 42 U.S.C. 402(f)(2)(A) ) is amended by striking subsection (k)(5), subsection (q) and inserting subsection (q) . 3. Repeal of windfall elimination provisions (a) In general Section 215 of the Social Security Act ( 42 U.S.C. 415 ) is amended— (1) in subsection (a), by striking paragraph (7); (2) in subsection (d), by striking paragraph (3); and (3) in subsection (f), by striking paragraph (9). (b) Conforming amendments Subsections (e)(2) and (f)(2) of section 202 of such Act ( 42 U.S.C. 402 ) are each amended by striking section 215(f)(5), 215(f)(6), or 215(f)(9)(B) in subparagraphs (C) and (D)(i) and inserting paragraph (5) or (6) of section 215(f) . 4. Effective date The amendments made by this Act shall apply with respect to monthly insurance benefits payable under title II of the Social Security Act for months after December 2021. Notwithstanding section 215(f) of the Social Security Act, the Commissioner of Social Security shall adjust primary insurance amounts to the extent necessary to take into account the amendments made by section 3. | https://www.govinfo.gov/content/pkg/BILLS-117s1302is/xml/BILLS-117s1302is.xml |
117-s-1303 | II 117th CONGRESS 1st Session S. 1303 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Brown (for himself, Mr. Portman , Mr. Peters , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To ensure that certain Federal infrastructure programs require the use of materials produced in the United States, and for other purposes.
1. Short title This Act may be cited as the Build America, Buy America Act . 2. Findings Congress finds that— (1) the United States must make significant investments to install, upgrade, or replace the public works infrastructure of the United States; (2) with respect to investments in the infrastructure of the United States, taxpayers expect that their public works infrastructure will be produced in the United States by American workers; (3) United States taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations, investment dollars, and jobs to foreign countries or foreign factories, particularly those that do not share or openly flout the commitments of the United States to environmental, worker, and workplace safety protections; (4) in procuring materials for public works projects, entities using taxpayer-financed Federal assistance should give a commonsense procurement preference for the materials and products produced by companies and workers in the United States in accordance with the high ideals embodied in the environmental, worker, workplace safety, and other regulatory requirements of the United States; (5) the benefits of domestic content preferences extend beyond economics; (6) by incentivizing domestic manufacturing, domestic content preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world; (7) strong domestic content preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the United States; (8) for over 75 years, Buy America and other domestic preference laws have been part of the United States procurement policy, ensuring that the United States can build and rebuild the infrastructure of the United States with high-quality American-made materials; (9) Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains; (10) as of the date of enactment of this Act, domestic procurement preference policies apply to all Federal Government procurement and to various Federal-aid infrastructure programs; (11) a robust domestic manufacturing sector is a vital component of the national security of the United States; (12) as more manufacturing operations of the United States have moved offshore, the strength and readiness of the defense industrial base of the United States has been diminished; and (13) domestic procurement preference laws— (A) are fully consistent with the international obligations of the United States; and (B) together with the government procurements to which the laws apply, are important levers for ensuring that United States manufacturers can access the government procurement markets of the trading partners of the United States. 3. Definitions In this Act: (1) Deficient program The term deficient program means a program identified by the head of a Federal agency under section 4(c). (2) Domestic content procurement preference The term domestic content procurement preference means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless— (A) all iron and steel used in the project are produced in the United States; or (B) the manufactured products used in the project are produced in the United States. (3) Federal agency The term Federal agency has the meaning given the term agency in section 552(f) of title 5, United States Code. (4) Federal financial assistance (A) In general The term Federal financial assistance has the meaning given the term in section 200.40 of title 2, Code of Federal Regulations (or successor regulations). (B) Inclusion The term Federal financial assistance includes all expenditures by a Federal agency for an infrastructure project. (5) Infrastructure The term infrastructure includes, at a minimum, the structures, facilities, and equipment for, in the United States— (A) roads, highways, and bridges; (B) public transportation; (C) dams, ports, harbors, and other maritime facilities; (D) intercity passenger and freight railroads; (E) freight and intermodal facilities; (F) airports; (G) water systems, including drinking water and wastewater systems; (H) electrical transmission facilities and systems; (I) utilities; (J) broadband infrastructure; and (K) buildings and real property. (6) Produced in the United States The term produced in the United States means, in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (7) Project The term project means the construction, alteration, maintenance, or repair of infrastructure in the United States. 4. Identification of deficient programs (a) In general Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall— (1) submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and (2) publish in the Federal Register the report under paragraph (1). (b) Requirements In the report under subsection (a), the head of each Federal agency shall, for each Federal financial assistance program— (1) identify all domestic content procurement preferences applicable to the Federal financial assistance; (2) assess the applicability of the domestic content procurement preference requirements, including— (A) section 313 of title 23, United States Code; (B) section 5323(j) of title 49, United States Code; (C) section 22905(a) of title 49, United States Code; (D) section 50101 of title 49, United States Code; (E) section 603 of the Federal Water Pollution Control Act ( 33 U.S.C. 1388 ); (F) section 1452(a)(4) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(4) ); (G) section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 ( 33 U.S.C. 3914 ); (H) any domestic content procurement preference included in an appropriations Act; and (I) any other domestic content procurement preference in Federal law (including regulations); (3) provide details on any applicable domestic content procurement preference requirement, including the purpose, scope, applicability, and any exceptions and waivers issued under the requirement; and (4) include a description of the type of infrastructure projects that receive funding under the program, including information relating to— (A) the number of entities that are participating in the program; (B) the amount of Federal funds that are made available for the program for each fiscal year; and (C) any other information the head of the Federal agency determines to be relevant. (c) List of deficient programs In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement— (1) does not apply; or (2) is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project. 5. Application of Buy America preference (a) In general Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. (b) Waiver The head of a Federal agency that applies a domestic content procurement preference under this section may waive the application of that preference in any case in which the head of the Federal agency finds that— (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) types of iron, steel, or manufactured products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, or manufactured products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) Written justification Before issuing a waiver under subsection (b), the head of the Federal agency shall— (1) publish in the Federal Register and make publicly available in an easily accessible location on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and (2) provide a reasonable period for public comment on the proposed waiver. (d) Prohibition on waivers of general applicability A waiver issued under subsection (b) shall be limited to the use of specific products for use in a specific project. (e) Consistency with international agreements This section shall be applied in a manner consistent with United States obligations under international agreements. 6. OMB guidance The Director of the Office of Management and Budget shall— (1) issue guidance to the head of each Federal agency— (A) to assist in identifying deficient programs under section 4(c); and (B) to assist in applying new domestic content procurement preferences under section 5; and (2) if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this Act or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance. 7. Application (a) In general This Act shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 5 does not already apply to iron, steel, and manufactured products. (b) Savings provision Nothing in this Act affects a domestic content procurement preference for a Federal financial assistance program for infrastructure that is in effect and that meets the requirements of section 5. | https://www.govinfo.gov/content/pkg/BILLS-117s1303is/xml/BILLS-117s1303is.xml |
117-s-1304 | II 117th CONGRESS 1st Session S. 1304 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Van Hollen (for himself, Mr. Wyden , Mr. Murphy , Mr. Merkley , Mrs. Gillibrand , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish jobs programs for long-term unemployed workers, and for other purposes.
1. Short title This Act may be cited as the Long-Term Unemployment Elimination Act of 2021 . 2. Purpose The purpose of this Act is to provide job opportunities for every long-term unemployed worker in the United States. 3. Definitions In this Act: (1) Career services The term career services includes the services described in section 134(c)(2)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(c)(2)(A) ). (2) Covered area The term covered area means the local area in which a local board is carrying out a jobs program, or (in the circumstances described in section 4(d)) the local area in which a community-based organization is carrying out a jobs program, under this Act. (3) Eligible worker The term eligible worker means an individual who— (A) is not less than 18 years old; (B) is authorized to be employed in the United States for purposes of section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ); (C) has not been employed or a full-time student for a period of not less than 27 weeks (except as modified under section 5(e)); and (D) is currently seeking employment and has been seeking employment for a period of not less than 4 weeks (except as modified under section 5(e)). (4) Individual with a barrier to employment The term individual with a barrier to employment has the meaning given in section 3(24) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(24) ), except that such term shall not include individuals who meet the terms of the definition in that section solely on the basis of their status as long-term unemployed individuals. (5) On-the-job training The term on-the-job training has the meaning given the term in section 3(44) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(44) ), except that subparagraph (B) of that section shall not apply. (6) Participating employer The term participating employer means an employer— (A) that is— (i) a government agency; (ii) a nonprofit organization; (iii) operating as an employment social enterprise; or (iv) a business; and (B) includes— (i) an employer at the site of employment for an eligible worker in a program position; or (ii) a community-based organization that acts as an employer of record by— (I) assuming the roles and responsibilities assigned to employers described in clause (i) under this Act; (II) entering into an agreement with an employer described in clause (i) to set forth the terms and conditions for employment of an eligible worker in a program position in a jobs program in accordance with the provisions of this Act; and (III) acting as an intermediary between eligible workers and employers described in clause (i) to facilitate participation in the jobs program involved. (7) Payroll taxes The term payroll taxes means taxes under section 3111, 3221, 3301, or 3321 of the Internal Revenue Code of 1986, and any similar State or local tax imposed on employers. (8) Pre-apprenticeship The term pre-apprenticeship , used with respect to a program, means a program that is designed to prepare individuals to enter and succeed in a registered apprenticeship program and is carried out by an entity that has a documented partnership with at least one sponsor of a registered apprenticeship program. (9) Program position (A) In general The term program position , used with respect to a jobs program— (i) means a position— (I) in a temporary job that is designed to lead to long-term employment; and (II) that is provided along with, as necessary, career services, supportive services, and training services to enable an individual to succeed in the job and obtain and retain long-term employment; and (ii) includes— (I) a position in a transitional job; (II) a position in a registered apprenticeship program; and (III) an approved national service position made available under section 129 of the National and Community Service Act of 1990 ( 42 U.S.C. 12581 ), including a position sponsored under subsection (i) of that section, subject to subparagraph (B). (B) Rule (i) Employers with certain program positions A participating employer for an eligible worker (or an employer at the site of employment for an eligible worker) in a program position described in subparagraph (A)(ii)(III) shall be considered to be a service sponsor, as defined in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 ). (ii) Eligible workers in certain program positions In parity with section 101(30) of the National and Community Service Act of 1990 ( 42 U.S.C. 12511(30) ), an eligible worker in such a program position shall not be considered to be an employee of the participating employer (or of an employer at the site of employment for the eligible worker). (10) Recognized postsecondary credential The term recognized postsecondary credential means such a credential as defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ), if the provider of the program leading to the credential is identified under section 122(h) of such Act ( 29 U.S.C. 3152(h) ). (11) Registered apprenticeship program The term registered apprenticeship program means a 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.). (12) Secretary The term Secretary means the Secretary of Labor. (13) Transitional job The term transitional job means a job described in section 134(d)(5) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174(d)(5) ), without regard to the limitation described in that section on funding for such jobs. (14) WIOA terms The terms adult education and literacy activities , career pathway , community-based organization , customized training , industry or sector partnership , in-demand industry sector or occupation , integrated education and training , local area , local board , one-stop operator , poverty line , State area , State board , supportive services , training services , and veteran have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (15) Worker-owned enterprise (A) In general The term worker-owned enterprise means— (i) an eligible worker-owned cooperative, as defined in section 1042(c)(2) of the Internal Revenue Code of 1986; or (ii) an enterprise for which the majority of the voting stock is owned by workers employed by such enterprise. (B) Voting stock For purposes of subparagraph (A)(ii), the share of the voting stock owned by workers shall include stock held by an employee stock ownership plan, as defined in section 4975(e)(7) of such Code. 4. Jobs programs for long-term unemployed workers (a) In general (1) Establishment The Secretary shall establish and administer a jobs initiative for eligible workers, consisting of jobs programs carried out through local boards. (2) Partnerships A local board may enter into a partnership with one or more community-based organizations to submit an application and carry out a jobs program. (3) Agreements In administering the initiative, the Secretary shall enter into 4-year agreements with local boards, under which the Secretary shall provide payments to local boards. Such an agreement shall specify which functions described in this Act will be carried out by the local board, by the community-based organization, and by the partnership. (4) Payments The Secretary shall make such a payment in an amount that equals the eligible costs incurred by the local board— (A) to provide wages and compensation for program positions for eligible workers under this section, minus any employer share of the eligible costs of providing the wages and compensation; (B) to provide career services, supportive services, and training services to eligible workers under this section; and (C) to administer the jobs program under this section. (b) Local board application To be eligible to enter into an agreement under subsection (a), a local board shall submit an application to the Secretary at such time, in such manner, and containing a 4-year plan that includes such information as the Secretary may require, including— (1) the number of eligible workers that the local board proposes to serve under the jobs program involved and the estimated cost of serving that number of workers; (2) a plan for one-stop operators to identify the issues preventing each eligible worker served by the jobs program from securing employment, and to reduce the impact of those issues with career services, supportive services, and training services; (3) a description of how the local board will engage labor organizations, joint labor-management organizations, community-based organizations, community colleges, economic development agencies, and career and technical education programs as partners to provide training services to eligible workers, including any— (A) adult education and literacy activities, including activities of English language acquisition, and integrated education and training programs; (B) pre-apprenticeship and registered apprenticeship programs; and (C) career pathways; (4) a description of how the local board will support the creation and expansion of industry or sector partnerships and alignment of the jobs program with career pathways to improve outcomes for eligible workers in program positions; (5) proposed levels for the performance accountability measures described in subsection (c); (6) a description of the controls established by the local board to assure that the local board— (A) disburses funding to each participating employer for all eligible costs described in subsection (h) incurred under the jobs program, minus the employer share described in subsection (i); (B) oversees participating employers to ensure compliance with program rules and collection of accurate data for performance accountability measures described in subsection (c); and (C) requests accurate advance payment or reimbursement for the eligible costs described in subsection (h), minus any employer share described in subsection (i) of the eligible costs; (7) a description of how the local board will collaborate with the corresponding State board to implement the jobs program and align such program with the plan submitted by the corresponding State board under subtitle A of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq.); (8) a description of how the local board will align the activities carried out under the grant with the activities carried out under— (A) the plans submitted by the local board under subtitle A of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq.); (B) the employment and training program established by the corresponding State under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); (C) the corresponding State program for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); (D) the national service plan submitted by the corresponding State Commission on National and Community Service under section 178 of the National and Community Service Act of 1990 ( 42 U.S.C. 12638 ); (E) programs established under the Second Chance Act of 2007 ( 34 U.S.C. 60501 et seq.); (F) employment and community development programs carried out by the Secretary of Housing and Urban Development; (G) career and technical education programs authorized by the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq.); (H) the continuum of care projects (relating to ending homelessness) carried out under applications submitted, by communities serving an area that is substantially similar to the covered area, under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq.); (I) programs to support competitive integrated employment for individuals with disabilities, including programs of vocational rehabilitation services under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq.) and the Ticket to Work and Self-Sufficiency Program carried out under section 1148 of the Social Security Act ( 42 U.S.C. 1320b–19 ); (J) the program of employment services provided under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq.); and (K) employment and training programs for veterans; and (9) assurances that— (A) prior to the placement of an eligible worker in a program position, the local board will consult with the appropriate local labor organization, if any, representing employees in the covered area who are engaged in the same or similar work as that proposed to be carried out by the eligible worker, to prevent the displacement and protect the rights of such employees; and (B) the local board will comply with the nondisplacement provisions of subsection (f) and the grievance procedures of subsection (g). (c) Performance accountability (1) In general For each local board, the performance accountability measures shall consist of the indicators described in paragraph (2) and the levels described in paragraph (3). (2) Indicators The indicators for the performance accountability measures shall consist of— (A) the primary indicators of performance described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(2)(A)(i) ); (B) the number of eligible workers placed in jobs created by the jobs program of the local board; (C) for households with an eligible worker who participated in the program, the average increase in income by the end of such participation; and (D) the percentage of program positions filled by eligible workers who were individuals with a barrier to employment. (3) Acceptable overall levels of performance The local board shall reach agreement with the Secretary, acting in consultation with the Secretary of Education, on acceptable overall levels of performance for each indicator described in paragraph (2) for each year covered by the application submitted under subsection (b). In reaching such agreements, the local board and the Secretaries shall take into account— (A) the purpose of this Act, as described in section 2, by seeking to provide job opportunities for as many eligible workers as possible; and (B) the factors described in section 116(b)(3)(A)(v) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(3)(A)(v) ), except that references in that section to a State shall be considered to be references to a local area. (4) Reporting requirement (A) In general The local board shall provide information specifying the board's level of performance on the performance accountability measures specified in this subsection, including disaggregated data specified under subparagraph (B), as part of the local board performance reports established under section 116(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(d) ). (B) Disaggregated data Each such performance report shall include data specifying the board’s level of performance with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age. (d) Sanctions for failure To meet performance accountability measures or submit an application (1) Performance improvement plan and technical assistance If a local board fails to meet performance accountability measures specified in subsection (c)— (A) the local board shall develop a performance improvement plan; and (B) the Secretary and State board may provide technical assistance, including assistance in the development of the performance improvement plan. (2) Repeated failure to meet performance accountability measures If a local board fails to meet the performance accountability measures for at least 3 consecutive years, the Secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board. (3) Failure to submit application (A) In general If a local board fails to submit an application under subsection (b) by the such date as the Secretary may require— (i) the Secretary shall notify the local board of the local board’s failure to submit such application; and (ii) the Secretary and State board may provide technical assistance to enable the local board to submit such application. (B) Failure to submit application for 1 year or longer If a local board fails to submit an application under subsection (b) for 1 year or longer after the date described in subparagraph (A), the Secretary may enter into an agreement with a community-based organization to carry out a jobs program serving the corresponding local area in place of the local board. (4) Programs carried out by community-based organizations (A) Application A community-based organization that seeks to carry out a jobs program in place of a local board as described in paragraph (2) or (3) shall submit an application to the Secretary. (B) Selection The Secretary shall select, on a competitive basis, community-based organizations to carry out jobs programs as described in paragraphs (2) and (3) for a local area. The Secretary shall select such organizations based on their ability to implement a jobs program that achieves the highest levels on the performance accountability measures, taking into account the factors described in section 116(b)(3)(A)(v) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3141(b)(3)(A)(v) ), except that references in that section to a State shall be considered to be references to a local area, and meets the other requirements specified in this Act. (C) Renewal After the initial selection under subparagraph (B), the Secretary shall, every 4 years, hold a new competition to select community-based organizations to carry out jobs programs for local areas. The local board for such an area may also submit an application in such competition. (D) Implementation This Act shall apply to a community-based organization selected under this paragraph as if the organization was the local board for the corresponding local area. (e) Participating employer (1) In general Participating employers shall be selected by a local board. An entity who seeks to be a participating employer shall enter into an agreement with the local board to act as a participating employer under this subsection. (2) Selection criteria (A) In general To select participating employers (including the renewal of such a selection), the local board shall take into account the considerations, and comply with the requirements, specified in subparagraphs (B) through (H). (B) Worker feedback The local board shall provide an opportunity for eligible workers to provide feedback on participating employers, and shall take this feedback into account when determining whether to renew the selection of an employer. (C) Labor organizations (i) In general The local board shall consider input from labor organizations and joint labor-management organizations to select participating employers. (ii) Collective bargaining agreements For a site of employment at which workers are covered by a collective bargaining agreement, the local board shall not place a program participant in a program position at the site without the consent of all labor organizations and joint labor-management organizations representing workers at such site. (D) Long-term employment prospects The local board shall consider whether the employer under consideration is proposing or providing an experience that will help eligible workers secure long-term employment after the program position ends, either with the participating employer or another employer. (E) Community impact and input (i) Community impact preference The local board shall consider whether the employer is offering program positions in which the work to be performed is designed to have a positive impact on the communities in the covered area served through the jobs program, and shall develop criteria for that positive impact based on input from members of such communities. (ii) Community input The local board shall also provide an opportunity for such communities to provide input on how a participating employer should be selected and whether specific employers should be selected, and shall take this input into account when selecting a participating employer. (F) In-demand industry sector or occupation The local board shall consider whether the employer is offering program positions that lead to employment in an in-demand industry sector or occupation. (G) Type of business The local board shall consider whether the employer is— (i) a worker-owned enterprise; or (ii) a small business concern owned and controlled by women, a small business concern owned and controlled by socially and economically disadvantaged individuals, a small business concern owned and controlled by veterans, or a qualified HUBZone small business concern, as those 4 terms are defined in section 8(d)(3) of the Small Business Act ( 15 U.S.C. 637(d)(3) ). (H) Other factors The local board may consider other factors, besides the factors explicitly stated in this paragraph, that are relevant to achieving the performance accountability measures and other requirements specified in this Act. (3) Participating employer duties The participating employer shall— (A) provide wages for each eligible worker in a program position at a rate that— (i) is not less than the greatest of the 3 rates described in subsection (h)(1)(B); (ii) is not less than the customary rate paid by the employer for the same or similar work performed by other employees who— (I) are not eligible workers in program positions; (II) are similarly situated in similar occupations by the same employer; and (III) have similar training, experience, and skills; and (iii) is in accordance with any applicable collective bargaining agreements at the site of employment; (B) provide benefits for each eligible worker in a program position— (i) at the same level as is provided to other employees who are not eligible workers in program positions; and (ii) in accordance with any applicable collective bargaining agreements at the site of employment; (C) ensure that the site of employment is a location where an eligible worker in a program position who is an individual with a disability, as defined in section 7 of the Rehabilitation Act of 1973 ( 29 U.S.C. 705 ), interacts with other persons who are not such individuals with disabilities (not including supervisory personnel or individuals who are providing services to such worker) to the same extent as individuals who are not such individuals with disabilities and who are in comparable positions interact with other persons; (D) offer opportunities for advancement to eligible workers in program positions, as appropriate, that are similar to those for other employees who are not eligible workers in program positions; and (E) fulfill legal and administrative duties including payroll processing, tax withholding and documentation, making deductions for any applicable labor organization dues, and meeting liability requirements such as workers’ compensation requirements. (4) Payment to participating employer (A) Wages and compensation The local board shall provide payment to the participating employer for all eligible costs described in subsection (h) for wages and compensation provided by the employer for eligible workers in program positions, minus the employer share described in subsection (i). (B) Employer-provided training The local board may enter into an agreement with the participating employer under which the employer provides on-the-job training or customized training to eligible workers, and, subject to subsection (h)(3), the local board provides payment to reimburse the employer for the cost of providing the training described in the agreement. (f) Nondisplacement (1) Nondisplacement of existing employees The participating employer shall not place an eligible worker hired for a jobs program in a position under this Act if— (A) employing such individual will result in the layoff or partial displacement (such as a reduction in hours, wages, or employment benefits) of an existing employee (as of the date of the hiring) of the employer; (B) such individual will assume any of the duties or responsibilities of an employee who is on strike; (C) employing such individual infringes upon the promotional opportunities of an existing employee (as of the date of the hiring) of the employer; or (D) such individual will perform the same work or substantially the same work as that performed by any individual, employed by the employer at the site of employment, who— (i) has been laid off or partially displaced (as such term is described in subparagraph (A)); and (ii) has not been offered by to be restored to the position the employee had immediately prior to being laid off or partially displaced. (2) Prohibition on rotation The participating employer may not make placements in a program position by constantly rotating new eligible workers into a permanent position temporarily, except in circumstances in which— (A) the employer reasonably intends to promote each such eligible worker to a different permanent position within the employer’s business at the end of that worker’s employment in the program position; or (B) the program position is part of an on-the-job training program that leads to a recognized postsecondary credential. (3) Nondisplacement of government employees or functions (A) Government agency A participating employer that is a government agency may not place an eligible worker hired for a jobs program in an existing position (as of the date of the hiring) that is subject to civil service laws of a Federal, State, or local government. (B) Other participating employer A participating employer that is not a government agency may not use funds provided under this Act to provide services or carry out other functions that are customarily provided by a unit of State government or general local government. (4) Limitation on program positions for participating employer (A) In general No more than 10 percent of the employees of a participating employer may be in program positions funded under this Act, except as provided in any of subparagraphs (B) through (E). (B) Minimum A participating employer with fewer than 10 employees may employ 1 individual in a program position funded under this Act. (C) Maximum A participating employer with more than 1,000 employees may employ not more than 100 individuals in program positions funded under this Act, unless the employer obtains permission under subparagraph (D). (D) Permission (i) In general A local board may grant permission for a participating employer to have a higher percentage or number of employees in program positions than is allowed under subparagraph (A) or (C)— (I) under the circumstance described in subclause (I) or (II) of clause (ii); or (II) under the circumstance described in clause (ii)(III), with the consent of all labor organizations and joint labor-management organizations representing workers at the site involved. (ii) Circumstances The circumstances described in this clause are any of the following: (I) A circumstance in which the most recent 3-month average of the unemployment rate in the covered area is not less than 8 percent. (II) A circumstance in which the employer is a worker-owned enterprise and worker-ownership is widely available to the employer’s employees, including eligible workers in program positions. (III) A circumstance in which a collective bargaining agreement covers eligible workers in program positions at a site of employment. (iii) Duration (I) In general An employer granted the permission described in clause (i) under the circumstance described in clause (ii)(I) may be granted such permission for a term of not more than 2 years, subject to subclause (II), regardless of whether the unemployment rate in the covered area falls below 8 percent during that 2-year period. (II) Renewal If the permission is granted under a circumstance described in clause (ii)(I) and is scheduled to expire in 3 months or less, and if the most recent 3-month average of the unemployment rate in the covered area is not less than 8 percent, the local board may renew the permission for another term described in subclause (I). (E) Application to government agency If the employer is a Federal, State, or local agency, the limitations described in subparagraphs (A), (B), and (C) shall be applied separately to each unit within that agency. (F) Modification The requirements of this paragraph may be modified under section 5(e). (G) Definition For purposes of this paragraph and subsection (g), the term participating employer shall not include a community-based organization that acts as an employer of record and (even if a community-based organization is so acting) shall include the employer at the site. (g) Grievance procedure (1) In general The local board shall establish and maintain a procedure for the filing and adjudication of grievances from participants, labor organizations, or joint labor-management organizations, and other interested individuals concerning participating employers, including grievances relating to proposed placements of eligible workers with such employers. (2) Deadline for grievances Except for a grievance that alleges fraud or criminal activity, a grievance shall be filed not later than 1 year after the date of the alleged occurrence of the event that is the subject of the grievance. (3) Deadline for hearing and decision (A) Hearing A hearing on any grievance conducted under this subsection shall be conducted not later than 30 days after the filing of such grievance. (B) Decision A decision on any such grievance shall be made not later than 60 days after the filing of such grievance. (4) Arbitration (A) In general (i) Jointly selected arbitrator In the event of a decision on a grievance that is adverse to the party who filed the grievance, or 60 days after the filing of such grievance if no decision has been reached, such party shall be permitted to submit such grievance to binding arbitration before a qualified arbitrator who is jointly selected and independent of the interested parties. (ii) Appointed arbitrator If the parties cannot agree on an arbitrator, the Secretary shall appoint an arbitrator from a list of qualified arbitrators within 15 days after receiving a request for such appointment from one of the parties to the grievance. (B) Deadline for proceeding An arbitration proceeding shall be held not later than 45 days after the request for such arbitration proceeding, or, if the arbitrator is appointed by the Secretary in accordance with subparagraph (A)(ii), not later than 30 days after the appointment of such arbitrator. (C) Deadline for decision A decision concerning a grievance shall be made not later than 30 days after the date such arbitration proceeding begins. (D) Cost (i) In general Except as provided in clause (ii), the cost of an arbitration proceeding shall be divided evenly between the parties to the arbitration. (ii) Exception If a participant, labor organization, joint labor-management organization, or other interested individual described in paragraph (1) prevails under a binding arbitration proceeding, the other entity that is a party to such grievance shall pay the total cost of such proceeding and the attorneys’ fees of such participant, labor organization, or individual, as the case may be. (5) Proposed placement If a grievance is filed regarding a proposed placement of an eligible worker with a participating employer, such placement shall not be made unless the placement is consistent with the resolution of the grievance pursuant to this subsection. (6) Remedies Remedies for a grievance filed under this subsection include— (A) suspension of payments for the participating employer; (B) termination of such payments; (C) prohibition of the placement described in paragraph (5); (D) in a case in which the grievance is filed by an individual eligible worker or program participant— (i) the eligible worker’s selection to be a program participant, or the program participant’s reinstatement, as the case may be; and (ii) other changes in the terms and conditions of employment applicable to the individual; and (E) in a case in which the grievance involves a violation of subsection (f) and the employer of the displaced employee is the participating employer— (i) reinstatement of the displaced employee to the position held by such employee prior to displacement; (ii) payment of lost wages and benefits of the displaced employee; (iii) reestablishment of other relevant terms, conditions, and privileges of employment of the displaced employee; and (iv) such equitable relief as is necessary to correct any violation of subsection (f) or to make the displaced employee whole. (7) Enforcement Suits to enforce awards under this subsection may be brought in any district court of the United States having jurisdiction of the parties, without regard to the amount in controversy and without regard to the citizenship of the parties. (8) Existing grievance procedures Notwithstanding any other provision of this subsection, a grievance relating to a site of employment that is covered by a collective bargaining agreement that includes a grievance procedure that applies to such grievance shall be adjudicated under the terms of such grievance procedure and not this subsection. Nothing in this subsection shall be construed to limit the application of any grievance procedure included in a collective bargaining agreement. (h) Eligible costs (1) Wages and compensation (A) In general Subject to paragraph (2), for purposes of this Act, the eligible costs of providing wages and compensation shall be the eligible costs of providing the wages described in subparagraph (B), and the compensation described in subparagraph (C), for eligible workers. (B) Wages The eligible costs described in this subparagraph shall be the costs of providing wages at a rate that is the greatest of— (i) the applicable minimum wage rate under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) (not counting any rate authorized for employment under special certificates under section 14 of such Act ( 29 U.S.C. 214 )); (ii) the applicable State or local minimum wage rate; or (iii) a rate, calculated as an amount per hour, with the amount determined by dividing the poverty line for a family of 4 by 2,080. (C) Compensation The eligible costs described in this subparagraph— (i) subject to clause (ii), shall be nonwage expenses that are directly related to compensation for eligible workers, including— (I) costs for employer payroll taxes; (II) costs for employee benefits; (III) costs to provide a national service education award for approved national service positions sponsored under section 129(i) of the National and Community Service Act of 1990 ( 42 U.S.C. 12581(i) ); and (IV) costs of fulfilling the duties described in subsection (e)(3)(E); and (ii) for each eligible worker, shall not exceed 20 percent of the eligible costs of providing the wages described in subparagraph (B). (2) Limitation for duration of wages and compensation (A) In general Subject to subparagraph (B), an eligible cost related to wages and compensation for a program position is an expense related to the first 12 months of the program position, subject to section 5(e). (B) Extension A local board may extend the 12-month period described in subparagraph (A) for not more than an additional 12 months, subject to section 5(e), to the extent that such extension is necessary to cover the period of a program position that is part of an on-the-job training program that leads to a recognized postsecondary credential. (3) Career services, supportive services, and training services (A) Aggregate limit The eligible costs of providing, or facilitating the provision of, career services, supportive services, and training services to eligible workers shall, in total, not exceed 20 percent of the total eligible costs of providing the wages described in paragraph (1)(B) to those eligible workers. (B) Flexibility for individuals The limit in subparagraph (A) shall apply to the eligible costs for the total amount of such career services, supportive services, and training services provided by a jobs program to all eligible workers, and shall not be construed to constitute a separate limit on the eligible costs for the career services, supportive services, and training services so provided to each eligible worker. (C) Modification The requirements of this paragraph may be modified under section 5(e). (4) Administration (A) Local boards The eligible costs incurred by a local board (and a State board, under subparagraph (B)) of administering a jobs program under this section shall not exceed 10 percent of the total eligible costs of providing the wages described in paragraph (1)(B) to all eligible workers served by the jobs program. (B) State boards A State board may enter into an agreement with a local board to receive a portion of the amount made available under subparagraph (A) to carry out the responsibilities of the State board under subsection (k). (C) Secretary Of the maximum amount that the Secretary may make available under subparagraph (A) with respect to a jobs program, the Secretary may reserve not more than 10 percent to administer the jobs program under this section. (5) Modification The requirements of paragraphs (2), (3), and (4) may be modified under section 5(e). (i) Employer share for wages and compensation (1) In general (A) Baseline Except as provided in subparagraph (C), for a local board carrying out a jobs program in a covered area where the unemployment rate does not exceed 5 percent, the employer share of the eligible costs for wages and compensation shall be 33 percent. (B) Higher unemployment covered areas Except as provided in subparagraph (C), for a local board carrying out a jobs program in a covered area where the unemployment rate exceeds 5 percent, the employer share of those costs shall be the percentage (not less than 0 percent) obtained by subtracting— (i) 3.3 percentage points for every half of a percentage point by which the unemployment rate in the covered area exceeds 5 percent; from (ii) 33 percent. (C) Second year for program positions leading to recognized postsecondary credentials With respect to an eligible worker who is in the second year of a program position that is part of an on-the-job training program, pre-apprenticeship program, or registered apprenticeship program, that leads to a recognized postsecondary credential, the employer share of the eligible costs of wages and compensation for the project shall be 50 percent. That employer share for such a worker shall remain 50 percent regardless of any change in the unemployment rate of the covered area. (2) Recalculation The employer share under subparagraphs (A) and (B) of paragraph (1) shall be recalculated for the local board once per calendar quarter, using the unemployment rate from the calendar quarter in the 12-month period preceding the calculation with the highest average unemployment rate in the covered area. (3) Modification The requirements of this subsection may be modified under section 5(e). (j) Requirements for the Secretary of Labor The Secretary shall— (1) oversee jobs programs funded under this Act to ensure that program requirements are being met, and verify that requests for Federal funding accurately reflect eligible costs; (2) perform random, periodic audits to determine compliance with this Act; (3) provide payments to local boards for the eligible costs described in subsection (h), minus any employer share of the eligible costs described in subsection (i); (4) evaluate the performance of jobs programs carried out under this section, which may include entering into agreements with other entities to conduct such evaluations; (5) establish a clearinghouse to identify and publicize best practices used by local boards carrying out such jobs programs this Act; (6) provide technical assistance to local boards, and to State boards that are providing assistance to local boards, carrying out such jobs programs under this Act; (7) conduct outreach to State boards, local boards, employers, and eligible workers to maximize opportunities for participation in jobs programs by eligible workers, in furtherance of the purpose of this Act as described in section 2, by providing job opportunities for as many eligible workers as possible; and (8) administer this Act in consultation with the Secretary of Education, the Secretary of Housing and Urban Development, the Secretary of Health and Human Services, the Attorney General, and the Secretary of Veterans Affairs. (k) Role of State boards In order to assist local boards in carrying out programs under this Act, a State board may— (1) work with local boards to develop statewide strategies to implement programs under this Act; (2) align programs carried out under this Act with the plan submitted by the State board under subtitle A of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq.); (3) facilitate coordination of programs carried out under this Act with the activities carried out under— (A) the employment and training program established by the corresponding State under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); (B) the corresponding State program for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.); (C) the national service plan submitted by the corresponding State Commission on National and Community Service under section 178 of the National and Community Service Act of 1990 ( 42 U.S.C. 12638 ); and (D) the corresponding State plan for career and technical education under part B of title I of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2341 et seq.); (4) assist local boards in the process of submitting applications under this Act; and (5) provide technical assistance to local boards and employers participating in programs under this Act. (l) Payment (1) Advance payment The Secretary may provide a payment under this Act, as described in subsection (a), for a quarter on the basis of an advance estimate of expenditures submitted by the local board and any other investigation the Secretary may find necessary. (2) Retrospective adjustment The Secretary may reduce or increase a payment referred to in paragraph (1) for a quarter as necessary to adjust for any overpayment or underpayment resulting from such a payment in a previous quarter. (3) Reimbursement The Secretary may provide a reimbursement payment under this Act, as described in subsection (a), for a quarter on the basis of the actual expenditures of the local board, if payment has not already been made under this subsection for the same expenditure. (m) Mandatory funding For the purpose of carrying out this section, there is authorized to be appropriated and there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year. 5. Grants for high-poverty areas and areas with chronically low employment rates (a) Definitions In this section: (1) High-poverty area The term high-poverty area means an area in which the poverty rate, as determined by the Bureau of the Census, has been not less than 20 percent for a period of not less than 3 years. (2) Prime working-age employment-to-population ration The term prime working-age employment-to-population ratio , used with respect to an area, means the ratio of the number of individuals age 25 through 54 in the area who are employed, to the number of individuals age 25 through 54 in the area. (b) Establishment The Secretary shall award grants on a competitive basis to local boards (including community-based organizations, consistent with section 4(d)(4)(D)), that carry out jobs programs described in section 4, to provide for added costs related to carrying out the programs with modified standards specified in subsection (e), with the purpose of achieving economic development and job growth through the programs. The Secretary shall award the grants for periods of 4 years, and pay such grants as provided under section 4(l). (c) Application To be eligible to receive a grant under this section, a local board shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) a plan for the jobs program involved to achieve performance accountability measures described in section 4(c) through modified standards described in subsection (e), and sustain that achievement in the long term without permanent support from a grant awarded under this section; (2) information that demonstrates stakeholder engagement in the jobs program from the public and private sectors, especially major institutions such as institutions of higher education, hospitals, or other large employers and organizations, that are located in the covered area; and (3) a plan to ensure that residents of the covered area are part of the operation of and benefit from the results of the jobs program, which may include a plan to expand worker-owned enterprises, expand small local businesses, support start-up businesses owned by covered area residents, or give covered area residents a role in carrying out the jobs program. (d) Priority In selecting a local board to receive a grant under this section, the Secretary shall give priority to local boards proposing to serve— (1) high-poverty areas; or (2) areas for which the prime working-age employment-to-population ratio has been low, relative to that ratio for the United States, for a period of not less than 3 years. (e) Modification of certain standards In awarding a grant under this section to a local board, the Secretary is authorized to modify 1 or more of the following standards for the program carried out by the local board, if the Secretary determines that making such a modification can be reasonably expected to help the program achieve the performance accountability measures referred to in subsection (c)(1): (1) The periods of time specified in subparagraphs (C) and (D) of section 3(3). (2) The limitation on the percentage or number of employees in program positions with a single participating employer, as specified in section 4(f)(4). (3) The allowable duration of funding for wages and compensation as eligible costs, for a program position, as specified in section 4(h)(2). (4) The limitation on eligible costs for career services, supportive services, and training services, as specified in section 4(h)(3). (5) The limitation on eligible costs for administration, as specified in section 4(h)(4). (6) The employer share of eligible costs for wages and compensation, as specified in section 4(i). (f) Evaluations The Secretary shall— (1) evaluate the performance of jobs programs that receive funding under this section, which may include entering into agreements with other entities to conduct such evaluations; and (2) identify and publicize best practices used by local boards carrying out jobs programs that receive funding under this section, through the clearinghouse described in section 4(j)(5). (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s1304is/xml/BILLS-117s1304is.xml |
117-s-1305 | II 117th CONGRESS 1st Session S. 1305 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Booker (for himself, Mr. Brown , Ms. Smith , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To promote equity in advanced coursework and programs at elementary and secondary schools.
1. Short title This Act may be cited as the Advanced Coursework Equity Act . 2. Purpose The purposes of this Act are— (1) to expand access to advanced courses and programs at under-resourced elementary and secondary schools; (2) to advance equitable enrollment practices, so that all students who are ready to engage in more rigorous coursework can benefit from advanced courses and programs; and (3) to equip dramatically more students, especially students from historically underrepresented groups, with the twenty-first century skills needed to succeed in college and a competitive global workforce. 3. Findings Congress finds the following: (1) Black, Latino, and Native American students, students with disabilities, and students from low-income families are underrepresented in advanced programs and courses. (2) While 1 in 10 students in schools in the United States participate in the Advanced Placement (AP) program, just over 1 in 20 low-income, Black, and Native American students participate in Advanced Placement, and fewer than 1 in 50 students with disabilities participate. (3) Taking the mathematics course Algebra I in grade 8 is necessary for most students to be on track for enrolling in advanced courses, such as Calculus, in high school, however, Black students are half as likely as white students to take Algebra I in grade 8. If Black and Latino students had a fair opportunity to participate in eighth grade Algebra I across the country, schools would enroll an additional 43,019 Black students and 59,452 Latino students in eighth grade Algebra I courses. The Department of Education reported that in the 2015–2016 school year, only 48 percent of schools with high concentrations of English learners offered Algebra I compared with 70 percent of schools with low concentrations of English learner students. In the same year, just 2 percent of English learner students nationwide were enrolled in Algebra I in grade 8. (4) A low-income student with reading and math achievement levels equal to those of a high-income student is half as likely to receive gifted services as the high-income student. Black students are approximately half as likely as white peers with the same mathematics and reading achievement levels to be referred to gifted services. (5) A major barrier for Black and Latino students and students with disabilities to access advanced courses and programs is the over-reliance on subjective criteria, such as the recommendation of teachers and counselors, in the advanced course admittance process. When Denver Public Schools implemented universal screening for gifted and talented programs, Latino students were identified for the program at twice the rate as the year before. (6) Just 1 in 12 students in the United States scored in the top 2 proficiency levels on the 2018 PISA math assessment. This is below the Organisation for Economic Co-operation and Development (OECD) average and less than half the rate of South Korea, Japan, and Switzerland. (7) Public elementary schools and secondary schools face a $305,000,000,000 budget shortfall due to COVID–19 related tax revenue decreases and new COVID–19 related expenses. As school districts prepare to make drastic cuts to educational programming, access to advanced coursework and programs is in jeopardy for millions of students, especially students from underrepresented groups and students attending under-resourced schools. Additional funding and reforms are needed to maintain and expand access to advanced coursework and programs, especially for marginalized students in communities hit hardest by the COVID–19 pandemic. 4. Definitions In this Act: (1) Terms from the Elementary and Secondary Education Act of 1965 The terms early college high school , elementary school , English learner , gifted and talented , institution of higher education , parent , school leader , secondary school , and State educational agency have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Local educational agency The term local educational agency has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ), and includes a public charter school that is a local educational agency. (3) Open enrollment The term open enrollment means an enrollment mechanism through which any student that chooses to enroll in an advanced course or program is allowed to do so, without regard to previous academic performance or test scores. (4) Subgroup of students The term subgroup of students has the meaning given that term in section 1111(c)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(c)(2) ). (5) Universal enrollment The term universal enrollment means an enrollment mechanism through which all students are automatically enrolled in an advanced course or program for a particular subject, without regard to previous academic performance or test scores. A parent may choose to opt out a student from enrolling in one or more advanced courses or programs. (6) Universal screening The term universal screening means an enrollment mechanism through which all students in a grade are screened for enrollment in advanced courses and programs. Students that are determined to be qualified for advanced courses or programs are automatically enrolled in those courses or programs, unless a parent chooses to opt out a student. The determination of which students are qualified for advanced courses or programs— (A) shall be made after consideration of not less than 2 objective assessments (except that a student may qualify based on only 1 such assessment)— (i) that are combined in a reasoned way that is not biased against any particular subgroup of students; (ii) that provide appropriate accommodations for students with disabilities; (iii) that may be administered not explicitly for the primary purpose of determining enrollment in an advanced course or program (such as through a statewide exam that all students in a grade will take), so long as students with disabilities have equal access to the assessment and are provided appropriate accommodations in accordance with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (iv) that may include— (I) a standardized assessment that provides appropriate accommodations for students with disabilities in accordance with the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); (II) a statewide, districtwide, or schoolwide assessment; or (III) grades from relevant courses, a portfolio of relevant work, or class ranking; and (B) may be partially based upon a subjective measure (such as a teacher’s recommendation) in addition to the required 2 objective measures. 5. Grant program authorized (a) In General The Secretary shall— (1) conduct 3 separate grant programs, by— (A) awarding not less than 80 percent of the amounts authorized to be appropriated under section 9 to State educational agencies to allow those State educational agencies to award subgrants to participating local educational agencies, including public charter schools, to enable those local educational agencies to carry out the activities described in section 7; (B) awarding not less than 15 percent of the amounts authorized to be appropriated under section 9 to participating local educational agencies to allow those local educational agencies to carry out the activities described in section 7; and (C) awarding not more than 4 percent of the amounts authorized to be appropriated under section 9 to a nonprofit institution of higher education or other nonprofit entity that has a demonstrated record of effectiveness in delivering or designing advanced coursework or programs (such as by previously executing a successful project that was part of the Jacob K. Javits Gifted and Talented Students Education Program under section 4644 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7294 )), to enable that institution or entity to provide services to students in rural areas and students who otherwise lack access to advanced courses or programs; and (2) reserve not more than 1 percent of the amounts authorized to be appropriated under section 9 for the Department of Education to administer the program under this Act, provide technical assistance to grantees, evaluate grantees’ performance (as required by this Act), and disseminate information about findings and best practices related to the activities authorized under this Act. (b) Application (1) State educational agency A State educational agency desiring to receive a grant under subsection (a)(1)(A) shall submit an application to the Secretary during the first year of the 3-year grant cycle, and at such time and in such manner as the Secretary may require. The application shall include the following: (A) An assurance that memoranda of understanding, as described in section 6(c), have been executed between the State educational agency and not less than 50 percent of the local educational agencies in the State, representing not less than 50 percent of all students in the State, to participate in the grant program and fulfill the program obligations. (B) A list of the participating local educational agencies that have executed such memoranda, and the percentage of the State's public school students who are served by those local educational agencies. (C) A plan for supporting participating local educational agencies with implementing open enrollment, universal enrollment, or universal screening for all advanced courses or programs offered by the local educational agency. (D) A plan to assemble a statewide advisory council of students from underrepresented subgroups of students, and parents or guardians of students from those subgroups, with at least 2 members of each subgroup of students. The plan shall explain how the council will be involved in the State educational agency's implementation of the grant, as well as oversight and evaluation of the grant. (E) A plan for supporting participating local educational agencies in collecting and reporting data about advanced coursework enrollment and student performance data, including data disaggregated and cross-tabulated by race and ethnicity, sex, disability status, socioeconomic status, and status as an English learner. (F) A description of ambitious 3-year enrollment and performance goals for each subgroup of students, and intermediate annual targets for each subgroup of students, to bridge statewide inequities (according to race and ethnicity, sex, disability status, socioeconomic status, and status as an English learner) in advanced coursework or program participation and performance. (G) A proposed budget for how the State educational agency will spend funding awarded through the grant. (2) Local educational agency A local educational agency desiring to receive a grant under subsection (a)(1)(B) shall be eligible to apply for a grant if the local educational agency is not also seeking a subgrant from a State educational agency that receives a grant under this Act. A local educational agency shall submit an application to the Secretary at such time and in such manner as the Secretary may require. The application shall include the following: (A) An assurance that— (i) the local educational agency is not also seeking a subgrant from a State educational agency that receives a grant under this Act during the applicable grant cycle; and (ii) the local educational agency has a high student poverty ratio (as measured by comparing the number of students meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ) to the total number of students in the school). (B) A description of the enrollment mechanism that the participating local educational agency will use for its various advanced courses or programs, which shall include open enrollment, universal enrollment, or universal screening, including in the case of universal screening, a description of what assessments will be used to determine enrollment as described in section 4(6), and a justification for why each assessment was selected. (C) A plan to assemble a local advisory council of students from underrepresented subgroups of students, and parents or guardians of students from those subgroups, with at least 2 members of each subgroup of students. The plan shall explain how the council will be involved in the local educational agency's implementation of the grant, as well as oversight and evaluation of the grant. (D) A plan to train school leaders, academic advisors or counselors, and teachers on strategies for bridging inequities (according to race and ethnicity, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance. (E) A plan to communicate to students and families, in multiple languages and through multiple formats, the process and requirements to enroll in advanced courses. (F) An agreement to carry out the activities described in section 7. (G) A plan for collecting and reporting data about advanced coursework enrollment and student performance data, including data disaggregated and cross-tabulated by race and ethnicity, sex, disability status, socioeconomic status, and status as an English learner. (H) A description of ambitious 3-year enrollment and performance goals for each subgroup of students, and intermediate annual targets for each subgroup of students, to bridge statewide inequities (according to race and ethnicity, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance. (I) A proposed budget for how the participating local educational agency will spend funding awarded through the grant. (3) Other nonprofit entity A nonprofit institution of higher education or nonprofit entity desiring to receive a grant under subsection (a)(1)(C) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum— (A) at least one memorandum of understanding that the applicant has already established with a school, local educational agency, or State educational agency that the applicant intends to work with, and a description of the services the applicant would provide to that school, local educational agency, or State educational agency; (B) materials that demonstrate the applicant’s record of effectiveness in designing or delivering advanced coursework or programs and providing academic supports for students that belong to underrepresented subgroups; (C) a description of ambitious 3-year enrollment and performance goals for each subgroup of students that the applicant intends to serve, and intermediate annual targets for each such subgroup of students, to bridge statewide inequities (according to race and ethnicity, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance; (D) a plan for collecting and reporting data about advanced coursework enrollment and student performance data, including data disaggregated and cross-tabulated by race and ethnicity, sex, disability status, socioeconomic status, and status as an English learner; and (E) a proposed budget for how the applicant will spend funding awarded through the grant. (c) Criteria for awarding grants (1) In General In evaluating applications for a grant under subparagraphs (A), (B), and (C), of subsection (a)(1), respectively, the Secretary shall consider— (A) the 3-year goals, and intermediate annual targets, for bridging statewide inequities (according to race and ethnicity, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance; (B) the level of detail and feasibility of the plan for implementing (or supporting a participating State educational agency, local educational agency, or school in implementing, as applicable) open enrollment, universal enrollment, or universal screening for all advanced courses or programs offered by the local educational agency; (C) the level of detail and feasibility of the plan for assembling an advisory council of students from underrepresented subgroups of students, and parents or guardians of students from those subgroups, and involving that advisory council in the implementation of the grant, as well as oversight and evaluation of the grant; and (D) the level of detail and feasibility of the plan for collecting and reporting (or supporting a participating State educational agency, local educational agency, or school in collecting or reporting, as applicable) data by subgroup of students about advanced coursework enrollment and performance. (2) Priorities (A) State educational agency In awarding a grant under subsection (a)(1)(A), the Secretary shall give priority to— (i) States that established memoranda of understanding, as described in section 6(c), with a high percentage of the local educational agencies in the State and covering a high percentage of total students in the State; (ii) States with large gaps in equitable access, enrollment, and performance in advanced coursework across subgroups of students, as described in the grant applications of the State educational agencies; and (iii) States that made recent improvements to equitable participation and performance in advanced coursework among historically underrepresented subgroups of students based on data collection from the Office of Civil Rights of the Department of Education, and demonstrate a need for additional funds to expand improvements. (B) Local educational agency In awarding a grant under subsection (a)(1)(B), the Secretary shall give priority to local educational agencies that have made recent improvements to equitable participation and performance in advanced coursework among historically underrepresented subgroups of students based on data collection from the Office of Civil Rights of the Department of Education. (d) Amount; duration (1) State educational agency (A) Amount A grant awarded under subsection (a)(1)(A) shall be in an amount that is not less than $15,000,000 and not more than $60,000,000. (B) Duration A grant awarded under subsection (a)(1)(A) shall be for a 3-year period. (2) Local educational agency (A) Amount A grant awarded under subsection (a)(1)(B) shall be in an amount that is not less than $1,000,000 and not more than $20,000,000. (B) Duration A grant awarded under subsection (a)(1)(B) shall be for a 3-year period. (3) Other nonprofit entity (A) Amount A grant awarded under subsection (a)(1)(C) shall be in an amount that is not more than $3,000,000. (B) Duration A grant awarded under subsection (a)(1)(C) shall be for a 3-year period. (e) Number of grants awarded (1) State educational agency (A) In General Subject to subparagraph (B), the Secretary shall award not less than 6 and not more than 10 grants under subsection (a)(1)(A) per 3-year grant cycle period. (B) Exceptions Notwithstanding subparagraph (A), if the amount appropriated to carry out this Act is— (i) less than $233,000,000 in any year, the Secretary may award fewer than 6 awards under subsection (a)(1)(A) per cycle; and (ii) more than $300,000,000 in any year, the Secretary may award more than 10 awards under subsection (a)(1)(A) per cycle. (2) Local educational agency (A) In General Subject to subparagraph (B), the Secretary shall award not less than 8 and not more than 16 grants under subsection (a)(1)(B) per 3-year grant cycle period. (B) Exceptions Notwithstanding subparagraph (A), if the amount appropriated to carry out this Act is— (i) less than $233,000,000 in any year, the Secretary may award fewer than 8 awards under subsection (a)(1)(B) per cycle; and (ii) more than $300,000,000 in any year, the Secretary may award more than 16 awards under subsection (a)(1)(B) per cycle. (f) Special rule In the event a local educational agency that is receiving a subgrant cannot carry out one or more of the activities described in section 7, a State educational agency receiving a grant under subsection (a)(1)(A) may use not more than 4 percent of the grant funds to carry out high-quality technical assistance for local educational agencies in the State. 6. Subgrants (a) In General A State educational agency receiving a grant under this Act shall use the grant funds to award subgrants to local educational agencies in the State. (b) Requirement A State educational agency shall award not less than 65 percent of grant funds to— (1) local educational agencies that have a high student poverty ratio (as measured by comparing the number of students meeting at least one measure of poverty described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ) to the total number of children in the school); and (2) local educational agencies that will support elementary schools and secondary schools that offer fewer advanced course or program offerings (or fewer available slots in those courses or programs) than the average for the State. (c) Subgrant agreement As part of a memorandum of understanding described in section 5(b)(1)(A), and as a requirement for receiving a subgrant under this Act, a participating local educational agency shall— (1) establish ambitious 3-year enrollment and performance goals for each subgroup of students, and intermediate annual targets for each subgroup of students, to bridge districtwide inequities (according to race, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance; (2) specify the enrollment mechanism that the local educational agency will use for its various advanced courses or programs, which shall include open enrollment, universal enrollment, or universal screening, including in the case of universal screening, a description of what assessments will be used to determine enrollment as described in section 4(6), and a justification for why each assessment was selected; (3) submit a plan to train school leaders, academic counselors or advisors, and teachers on strategies for bridging inequities (according to race and ethnicity, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance; (4) submit a plan to assemble a local advisory council of students from underrepresented subgroups of students, and parents or guardians of students from those subgroups, with at least 2 members of each subgroup of students, including an explanation of how the council will be involved in the local educational agency's implementation of the grant, as well as oversight and evaluation of the grant; (5) submit a plan to communicate to students and families, in multiple languages and through multiple formats, the process and requirements to enroll in advanced courses; and (6) an agreement to carry out the activities described in section 7. 7. Uses of Funds (a) Required uses of funds A local educational agency receiving a grant or subgrant under this Act shall use the grant or subgrant funds to carry out each of the following: (1) Use not more than 5 percent of funds to conduct community engagement (including by assembling a local advisory council) with regard to changes to advanced courses or programs. (2) Not later than 1 year after funding is received, use not more than 5 percent of subgrant funds to train school leaders, academic counselors or advisors, and teachers on strategies for bridging inequities (according to race and ethnicity, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance. (3) Expand enrollment in advanced courses or programs for underrepresented students. (4) Not later than 1 year after funding is received, implement open enrollment, universal enrollment, or universal screening for all advanced courses and programs, including— (A) gifted and talented programs, 8th grade Algebra I, Advanced Placement, International Baccalaureate, dual enrollment, early college high school, and any similarly advanced courses or programs; and (B) training individuals involved in the assessment process in the administration of the assessments and the interpretation of the results. (5) Launch advanced courses or programs, or expand enrollment capacity in advanced courses or programs, which may include gifted and talented programs, 8th grade Algebra I, Advanced Placement, International Baccalaureate, dual enrollment, early college high school, or any similarly advanced courses or programs. (6) Provide direct services, such as tutoring, to students from underrepresented groups to enable those students to thrive academically in advanced courses and programs. (b) Permitted uses of funds A local educational agency receiving a grant or subgrant under this Act may (in addition to the required uses described in subsection (a)) use the grant or subgrant funds to carry out one or more of the following: (1) Launch innovative advanced coursework models that allow all students to benefit from advanced coursework, such as embedded enrichment (for elementary and middle school students), and open honors (for high school students). (2) Purchase curricula and materials for advanced courses and programs, such as calculators, books, and laboratory materials. (3) Cover the cost of advanced coursework exams for low-income students. (4) Use not more than 20 percent of funds to train or hire teachers to teach advanced coursework. (c) Nonprofit entity A nonprofit institution of higher education or other nonprofit entity receiving a grant under section 5(a)(1)(C) may use the grant to carry out one or more of the following activities for students in rural areas and students who otherwise lack access to advanced courses or programs: (1) Provide direct services, such as tutoring, to students from underrepresented groups to enable those students to thrive academically in advanced courses and programs, which may include gifted and talented programs, 8th grade Algebra I, Advanced Placement, International Baccalaureate, dual enrollment, early college high school, embedded enrichment (for elementary and middle school students), open honors (for high school students), or any similarly advanced courses or programs. (2) Purchase curricula and materials for advanced courses and programs, such as calculators, books, and laboratory materials. (3) Cover the cost of advanced coursework exams for low-income students. 8. Reporting; bonus grant (a) Report to Secretary (1) States and LEAs Not later than 60 days after the end of each year of the grant, each State educational agency or local educational agency receiving a grant shall prepare and submit to the Secretary a report containing the following: (A) A description of the training that the local educational agency receiving a grant, or local educational agencies receiving a subgrant in the State, as applicable, conducted to train school leaders, academic counselors or advisors, and teachers on strategies for bridging inequities (according to race and ethnicity, sex, socioeconomic status, disability status, and status as an English learner) in advanced coursework or program participation and performance, including the number of people trained and what schools those trained individuals are affiliated with. (B) A listing of the advanced courses or programs available at the local educational agency receiving a grant, or at each local educational agency that received a subgrant, as applicable, and the student enrollment mechanism for each of those courses or programs. If a local educational agency uses universal screening instead of open enrollment or universal enrollment, then the list shall include a description of what assessments will be used to determine enrollment as described in section 4(6). (C) The number and percentages of students in the State (or in the local educational agency, in the case of a local educational agency receiving a grant) that are enrolled in advanced courses or programs, disaggregated and cross-tabulated by race and ethnicity, sex, disability status, socioeconomic status, and status as an English learner. (D) The academic outcomes (such as grades or exam scores) of students enrolled in advanced courses or programs in the State (or in the local educational agency, in the case of a local educational agency receiving a grant), disaggregated and cross-tabulated by race and ethnicity, sex, disability status, socioeconomic status, and status as an English learner. (E) A final budget for how the State or local educational agency spent funding awarded through the grant. (F) A narrative articulating whether the State or local educational agency receiving a grant met its annual intermediate targets for equitable enrollment and performance among underrepresented subgroups of students in advanced coursework or programs, including analysis for why the State did or did not meet these targets across underrepresented subgroups of students, and a plan to remediate any gaps for the coming grant year. This narrative shall also include the analysis from the local advisory council (in the case of a grantee that is a local educational agency) or the State advisory council (in the case of a grantee that is a State educational agency). (2) Other nonprofit entities Not later than 60 days after the end of each year of the grant, each nonprofit entity receiving a grant under section 5(a)(1)(C) shall prepare and submit to the Secretary a report containing the information described in subparagraph (C) through (F) of paragraph (1) with respect to students that are enrolled in advanced courses or programs provided by the nonprofit entity and the nonprofit entity's targets. (b) Bonus (1) State educational agency The State educational agency receiving a grant under section 5(a)(1)(A) that achieves the greatest growth toward that State's advanced coursework enrollment and performance equity goals described in section 5(b)(1)(F) at the end of the first or second grant year shall receive a bonus payment of 5 percent of the original grant amount (to be used during the subsequent grant year). A State educational agency shall direct not less than 50 percent of the bonus funds to local educational agency subgrantees that achieved the greatest growth toward the local educational agency's advanced coursework equity goals described in section 6(c)(1). (2) Local educational agency The local educational agency receiving a grant under section 5(a)(1)(B) that achieves the greatest growth toward that local educational agency's advanced coursework enrollment and performance equity goals described in section 5(b)(2)(H) at the end of the first grant year shall receive a bonus payment of 5 percent of the original grant amount (to be used during the subsequent grant year). A local educational agency shall direct not less than 50 percent of the bonus funds to the schools that achieved the greatest growth toward the local educational agency's advanced coursework equity goals described in section 5(b)(2)(H). (c) Evaluation At the end of the 3-year grant period, the Secretary shall prepare and submit to Congress a report containing an evaluation of the grant program under this Act and a summary of the reports submitted under subsection (a). The evaluation shall contain an analysis of the effectiveness of the program, including the impact of the grants on equitable enrollment and performance in advanced courses and programs. This evaluation shall provide recommendations based on the Secretary's findings from the grant program. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act $266,000,000 for fiscal year 2022, $266,000,000 for fiscal year 2023, and $266,000,000 for fiscal year 2024. | https://www.govinfo.gov/content/pkg/BILLS-117s1305is/xml/BILLS-117s1305is.xml |
117-s-1306 | II 117th CONGRESS 1st Session S. 1306 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Portman (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for domestic sourcing of personal protective equipment, and for other purposes.
1. Short title This Act may be cited as the Make PPE in America Act . 2. Findings Congress makes the following findings: (1) The COVID–19 pandemic has exposed the vulnerability of the United States supply chains for, and lack of domestic production of, personal protective equipment (PPE). (2) The United States requires a robust, secure, and wholly domestic PPE supply chain to safeguard public health and national security. (3) Issuing a strategy that provides the government’s anticipated needs over the next three years will enable suppliers to assess what changes, if any, are needed in their manufacturing capacity to meet expected demands. (4) In order to foster a domestic PPE supply chain, United States industry needs a strong and consistent demand signal from the Federal Government providing the necessary certainty to expand production capacity investment in the United States. (5) In order to effectively incentivize investment in the United States and the re-shoring of manufacturing, long-term contracts must be no shorter than three years in duration. (6) The United States needs a long-term investment strategy for the domestic production of PPE items critical to the United States national response to a public health crisis, including the COVID–19 pandemic. 3. Requirement of long-term contracts for domestically manufactured personal protective equipment (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Health, Education, Labor, and Pensions, the Committee on Finance, the Committee on Homeland Security and Governmental Affairs, the Committee on Veterans’ Affairs, and the Committee on Armed Services of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Homeland Security, the Committee on Veterans’ Affairs, and the Committee on Armed Services of the House of Representatives. (2) Covered Secretary The term covered Secretary means the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Defense, the Secretary of Education, and the Secretary of Veterans Affairs. (3) Personal protective equipment The term personal protective equipment means surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, gloves, disposable and reusable surgical and isolation gowns, and head and foot coverings, or other gear or clothing used to protect an individual from the transmission of disease. (4) United States The term United States means the 50 States, the District of Columbia, and the possessions of the United States. (b) Contract requirements Beginning 90 days after the date of the enactment of this Act, in order to ensure the sustainment and expansion of personal protective equipment manufacturing in the United States and meet the needs of the current pandemic response, any contract for the procurement of personal protective equipment entered into by a covered Secretary, or a covered Secretary's designee, shall— (1) be issued for a duration of at least 3 years, including a base period and all option periods, to incentivize investment in the production of personal protective equipment and the materials and components thereof in the United States; and (2) be for personal protective equipment that— (A) is grown, reprocessed, reused, or produced in the United States; and (B) when assembled outside the United States, contains only materials and components that are grown, reprocessed, reused, or produced in the United States. (c) Availability exception Paragraph (2) of subsection (b) shall not apply to an item of personal protective equipment, or component or material thereof— (1) that is, or that includes, a material listed in section 25.104 of the Federal Acquisition Regulation as one for which a non-availability determination has been made; (2) as to which the covered Secretary determines that a sufficient quantity of a satisfactory quality that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices; or (3) if, after maximizing to the extent feasible sources consistent with subsection (b), the covered Secretary certifies every 120 days that it is necessary to procure personal protective equipment under alternate procedures to respond to the immediate needs of a public health emergency. (d) Report (1) In general Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the covered Secretaries, shall submit to the chairs and ranking members of the appropriate congressional committees a report on the procurement of personal protective equipment. (2) Elements The report required under paragraph (1) shall include the following elements: (A) The United States long-term domestic procurement strategy for PPE produced in the United States, including strategies to incentivize investment in and maintain United States supply chains for all PPE sufficient to meet the needs of the United States during a public health emergency. (B) An estimate of long-term demand quantities for all PPE items procured by the United States. (C) Recommendations for congressional action required to implement the United States Government's procurement strategy. (D) A determination whether all notifications, amendments, and other necessary actions have been completed to bring the United States existing international obligations into conformity with the statutory requirements of this Act. (e) Authorization of transfer of equipment A covered Secretary may transfer to the Strategic National Stockpile established under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) any excess personal protective equipment acquired under a contract executed pursuant to subsection (b). (f) Compliance with international agreements This Act shall be applied in a manner consistent with United States obligations under international agreements. | https://www.govinfo.gov/content/pkg/BILLS-117s1306is/xml/BILLS-117s1306is.xml |
117-s-1307 | II 117th CONGRESS 1st Session S. 1307 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to enforce licensure and related requirements for health care professionals of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Department of Veteran Affairs Provider Accountability Act . 2. Compliance with requirements for examining qualifications and clinical abilities of health care professionals of Department of Veterans Affairs (a) In general Subchapter I of chapter 74 of title 38, United States Code, is amended by adding at the end the following new section: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals (a) Compliance with credentialing requirements The Secretary shall ensure that each medical center of the Department, in a consistent manner— (1) compiles, verifies, and reviews documentation for each health care professional of the Department at such medical center regarding, at a minimum— (A) the professional licensure, certification, or registration of the health care professional; (B) whether the health care professional holds a Drug Enforcement Administration registration; and (C) the education, training, experience, malpractice history, and clinical competence of the health care professional; and (2) continuously monitors any changes to the matters under paragraph (1), including with respect to suspensions, restrictions, limitations, probations, denials, revocations, and other changes, relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (b) Registration regarding controlled substances (1) Except as provided in paragraph (2), the Secretary shall ensure that each covered health care professional holds an active Drug Enforcement Administration registration. (2) The Secretary shall— (A) determine the circumstances in which a medical center of the Department must obtain a waiver under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) with respect to covered health care professionals; and (B) establish a process for medical centers to request such waivers. (3) In carrying out paragraph (1), the Secretary shall ensure that each medical center of the Department monitors the Drug Enforcement Administration registrations of covered health care professionals at such medical center in a manner that ensures the medical center is made aware of any change in status in the registration by not later than seven days after such change in status. (4) If a covered health care professional does not hold an active Drug Enforcement Administration registration, the Secretary shall carry out any of the following actions, as the Secretary determines appropriate: (A) Obtain a waiver pursuant to paragraph (2). (B) Transfer the health care professional to a position that does not require prescribing, dispensing, administering, or conducting research with controlled substances. (C) Take adverse actions under subchapter V of this chapter, with respect to an employee of the Department, or take appropriate contract administration actions, with respect to a contractor of the Department. (c) Reviews of concerns relating to quality of clinical care (1) The Secretary shall ensure that each medical center of the Department, in a consistent manner, carries out— (A) ongoing, retrospective, and comprehensive monitoring of the performance and quality of the health care delivered by each health care professional of the Department located at the medical center, including with respect to the safety of such care; and (B) timely and documented reviews of such care if an individual notifies the Secretary of any potential concerns relating to a failure of a health care professional of the Department to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (2) The Secretary shall establish a policy to carry out paragraph (1), including with respect to— (A) determining the period by which a medical center of the Department must initiate the review of a concern described in subparagraph (B) of such paragraph following the date on which the concern is received; and (B) ensuring the compliance of each medical center with such policy. (d) Compliance with requirements for reporting quality of care concerns If the Secretary substantiates a concern relating to the clinical competency of, or quality of care delivered by, a health care professional of the Department (including a former health care professional of the Department), the Secretary shall ensure that the appropriate medical center of the Department timely notifies the following entities of such concern, as appropriate: (1) The appropriate licensing, registration, or certification body in each State in which the health care professional is licensed, registered, or certified. (2) The Drug Enforcement Administration. (3) The National Practitioner Data Bank established pursuant to the Health Care Quality Improvement Act of 1986 ( 42 U.S.C. 11101 et seq.). (4) Any other relevant entity. (e) Prohibition on certain settlement agreement terms (1) Except as provided in paragraph (2), the Secretary may not enter into a settlement agreement relating to an adverse action against a health care professional of the Department if such agreement includes terms that require the Secretary to conceal from the personnel file of the employee a serious medical error or lapse in clinical practice that constitutes a substantial failure to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Paragraph (1) does not apply to adverse actions that the Special Counsel under section 1211 of title 5 determines constitutes a prohibited personnel practice. (f) Training Not less frequently than biannually, the Secretary shall provide mandatory training on the following duties to employees of the Department who are responsible for performing such duties: (1) Compiling, validating, or reviewing the credentials of health care professionals of the Department. (2) Reviewing the quality of clinical care delivered by health care professionals of the Department. (3) Taking adverse privileging actions or making determinations relating to other disciplinary actions or employment actions against health care professionals of the Department for reasons relating to the failure of a health care professional to meet generally accepted standards of clinical practice in a manner that presents reasonable concern for the safety of patients. (4) Making notifications under subsection (d). (g) Definitions In this section: (1) The term controlled substance has the meaning given that term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) The term covered health care professional means a person employed in a position as a health care professional of the Department, or a contractor of the Department, that requires the person to be authorized to prescribe, dispense, administer, or conduct research with, controlled substances. (3) The term Drug Enforcement Administration registration means registration with the Drug Enforcement Administration under section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) by health care practitioners authorized to dispense, prescribe, administer, or conduct research with, controlled substances. (4) The term health care professional of the Department means the professionals described in section 1730C(b) of this title, and includes a contractor of the Department serving as such a professional. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7413 the following new item: 7414. Compliance with requirements for examining qualifications and clinical abilities of health care professionals. . (c) Deadline for implementation The Secretary of Veterans Affairs shall commence the implementation of section 7414 of title 38, United States Code, as added by subsection (a), by the following dates: (1) With respect to subsections (a), (c)(2), (d), and (f) of such section, not later than 180 days after the date of the enactment of this Act. (2) With respect to subsection (c)(1) of such section, not later than one year after the date of the enactment of this Act. (3) With respect to subsection (b)(2) of such section, not later than 18 months after the date of the enactment of this Act. (d) Audits and reports (1) Audits (A) In general The Secretary of Veterans Affairs shall carry out annual audits of the compliance of medical centers of the Department of Veterans Affairs with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (B) Conduct of audits In carrying out audits under subparagraph (A), the Secretary— (i) may not authorize the medical center being audited to conduct the audit; and (ii) may enter into an agreement with another department or agency of the Federal Government or a nongovernmental entity to conduct such audits. (2) Reports (A) In general Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the audits conducted under paragraph (1). (B) Elements Each report submitted under subparagraph (A) shall include a summary of the compliance by each medical center with the matters required by section 7414 of title 38, United States Code, as added by subsection (a). (C) Initial report The Secretary of Veterans Affairs shall include in the first report submitted under subparagraph (A) the following: (i) A description of the progress made by the Secretary in implementing such section 7414, including any matters under such section that the Secretary has not fully implemented. (ii) An analysis of the feasibility, advisability, and cost of requiring credentialing employees of the Department— (I) to be trained by an outside entity; and (II) to maintain a credentialing certification. (e) Report on updates to policy for reporting patient safety concerns to appropriate State and other entities (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the efforts of the Department of Veterans Affairs to update policies and practices for employees of medical centers, Veterans Integrated Service Networks, and the Veterans Health Administration to report to State licensing boards, the National Practitioner Data Bank of the Department of Health and Human Services, and any other relevant entity health care professionals who are employed by or separated from employment with the Department and whose behavior and clinical practice so substantially failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients. (2) Elements The report required under paragraph (1) shall include a description of the efforts of the Department to consult with— (A) State licensing boards; (B) the Centers for Medicare & Medicaid Services; (C) the National Practitioner Data Bank; and (D) the exclusive representative of employees of the Department appointed under section 7401(1) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1307is/xml/BILLS-117s1307is.xml |
117-s-1308 | II 117th CONGRESS 1st Session S. 1308 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Wicker (for himself, Mr. Bennet , Mr. Blunt , Ms. Stabenow , Mrs. Capito , Mr. Kaine , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit to issuers of American infrastructure bonds.
1. Short title This Act may be cited as the American Infrastructure Bonds Act of 2021 . 2. Credit for American infrastructure bonds allowed to issuers (a) In general Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after section 6430 the following new section: 6431. Credit to issuer of american infrastructure bonds (a) In general The issuer of an American infrastructure bond shall be allowed a credit with respect to each interest payment under such bond which shall be payable by the Secretary as provided in subsection (b). (b) Payment of credit (1) In general The Secretary shall pay (contemporaneously with each interest payment date under such bond) to the issuer of such bond (or to any person who makes such interest payments on behalf of the issuer) 28 percent of the interest payable under such bond on such date. (2) Interest payment date For purposes of this subsection, the term interest payment date means each date on which the holder of record of the American infrastructure bond is entitled to a payment of interest under such bond. (c) American infrastructure bond (1) In general For purposes of this section, the term American infrastructure bond means any obligation if— (A) the interest on such obligation would (but for this section) be excludable from gross income under section 103, (B) the obligation is not a private activity bond, and (C) the issuer makes an irrevocable election to have this section apply. (2) Applicable rules For purposes of applying paragraph (1)— (A) for purposes of section 149(b), a bond shall not be treated as federally guaranteed by reason of the credit allowed under this section, and (B) a bond shall not be treated as an American infrastructure bond if the issue price has more than a de minimis amount (determined under rules similar to the rules of section 1273(a)(3)) of premium over the stated principal amount of the bond. (d) Special rules (1) Interest on American infrastructure bonds includible in gross income for Federal income tax purposes For purposes of this title, interest on any American infrastructure bond shall be includible in gross income. (2) Application of arbitrage rules For purposes of section 148, the yield on an issue of American infrastructure bonds shall be reduced by the credit allowed under this section, except that no such reduction shall apply with respect to determining the amount of gross proceeds of an issue that qualifies as a reasonably required reserve or replacement fund. (e) Regulations The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section. . (b) Conforming amendments (1) The table of sections for subchapter B of chapter 65 of subtitle F of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 6431. Credit to issuer of american infrastructure bonds. . (2) Subparagraph (A) of section 6211(b)(4) of such Code is amended by striking and 6428A and inserting 6428A, and 6431 . (c) Transitional coordination with state law Except as otherwise provided by a State after the date of the enactment of this Act, the interest on any American infrastructure bond (as defined in section 6431 of the Internal Revenue Code of 1986 (as added by this Act)) and the amount of any credit determined under such section with respect to such bond shall be treated for purposes of the income tax laws of such State as being exempt from Federal income tax. (d) Adjustment to payment to issuers in case of sequestration (1) In general In the case of any payment under subsection (b) of section 6431 of the Internal Revenue Code of 1986 (as added by this Act) made after the date of enactment of this Act to which sequestration applies, the amount of such payment shall be increased to an amount equal to— (A) such payment (determined before such sequestration), multiplied by (B) the quotient obtained by dividing the number 1 by the amount by which the number 1 exceeds the percentage reduction in such payment pursuant to such sequestration. (2) Sequestration For purposes of this subsection, the term sequestration means any reduction in direct spending ordered in accordance with a sequestration report prepared by the Director of the Office and Management and Budget pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or the Statutory Pay-As-You-Go Act of 2010 or future legislation having similar effect. (e) Effective date The amendments made by this section shall apply to obligations issued after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1308is/xml/BILLS-117s1308is.xml |
117-s-1309 | II 117th CONGRESS 1st Session S. 1309 IN THE SENATE OF THE UNITED STATES April 22, 2021 Ms. Collins (for herself, Mr. Cardin , Mr. Marshall , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide payments for home health services furnished via visual or audio telecommunication systems during an emergency period.
1. Short title This Act may be cited as the Home Health Emergency Access to Telehealth Act or the HEAT Act . 2. Authorization of payments for home health services furnished via visual or audio telecommunication systems during an emergency period (a) Waiver authority (1) In general The first sentence of section 1135(b) of the Social Security Act ( 42 U.S.C. 1320b–5(b) ) is amended— (A) in paragraph (8), by striking and at the end; (B) in paragraph (9), by striking the period at the end and inserting ; and ; and (C) by adding the following new paragraph: (10) in the case of home health services furnished in an emergency area (or portion of such an area) during any portion of any emergency period (as those terms are defined in subsection (g)(1)(C)), the provisions of subparagraphs (A) and (B) of section 1895(e)(1), as determined appropriate by the Secretary. . (2) Definitions of emergency area; emergency period Section 1135(g)(1) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1) ) is amended— (A) in subparagraph (A), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (B) by adding at the end the following new subparagraph: (C) Additional exception For purposes of subsection (b)(10), an emergency area is a geographical area in which, and an emergency period is the period during which, there exists a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. . (b) Authorization Section 1895(e) of the Social Security Act ( 42 U.S.C. 1395fff(e) ) is amended— (1) in paragraph (1), by striking Nothing and inserting Subject to paragraph (2), nothing ; (2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the following new paragraph: (2) Exception for public health emergencies Nothing in this section shall be construed as preventing a home health agency furnishing a home health unit of service for which payment is made under the prospective payment system established by this section for such units of service from furnishing services via a video or audio telecommunication system if such services— (A) are furnished pursuant to a waiver under section 1135(b)(10); (B) constitute no more than 50 percent of the number of billable visits, consistent with the in-person visit equivalency determination, billed under the 30-day period of care established under section 484.215(f) of title 42, Code of Federal Regulations; (C) are furnished to a beneficiary under a plan of care established by a physician or practitioner with whom the beneficiary has an existing care relationship prior to the receipt of home health services that includes home health services to be furnished via a video or audio telecommunication system; and (D) such beneficiary consents to receiving home health services via a video or audio telecommunication system. . (c) Implementation (1) In general The Secretary shall prescribe regulations to apply to home health services furnished pursuant to the amendments made by this Act, which shall become effective no later than 60 days after the date of enactment of this Act. The Secretary shall issue an interim final rule, if necessary, to comply with the required effective date. (2) Considerations In prescribing such regulations, the Secretary may consider including— (A) standards for the content of orders and patient consent for such services; (B) documentation of such services provided and billing units of such services; (C) the nature and level of resources utilized for such services provided via video or audio telecommunication systems for purposes of determining equivalency with in-person visits in establishing the payment for such services; and (D) standards to ensure program integrity and prevent the incidence of fraud, waste, and abuse with respect to such services. | https://www.govinfo.gov/content/pkg/BILLS-117s1309is/xml/BILLS-117s1309is.xml |
117-s-1310 | II 117th CONGRESS 1st Session S. 1310 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Wicker (for himself and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To oppose violations of religious freedom in Ukraine by Russia and armed groups commanded by Russia.
1. Short title This Act may be cited as the Ukraine Religious Freedom Support Act . 2. Findings Congress makes the following findings: (1) Russia invaded, illegally occupied, and attempted to annex the Crimea region of Ukraine in February 2014, continues to occupy and control that region, and has exercised control over part of the Donbas region of eastern Ukraine since April 2014 through non-state armed groups and illegal entities it has established, instigated, commanded, and supported, including with military and intelligence personnel on the ground from Russia. (2) International humanitarian law, including the Geneva Conventions, to which Russia is a signatory, requires Russia to respect and protect the religious freedom of the inhabitants of the territory it occupies or controls, including through organized non-state armed groups and illegal entities it commands and supports, and holds Russia responsible for violations of religious freedom in this territory. (3) According to the Department of State’s International Religious Freedom Reports, and other reporting, violations of religious freedom in the Crimea region of Ukraine since Russia invaded and occupied the territory have included abduction, detention and imprisonment, torture, forced psychiatric hospitalizations, fines, restrictions on missionary activities, confiscations of property, including churches and meeting halls, expulsions and obstructions to reentry, denying registration of religious groups, vandalism, fines, and banning peaceful religious groups, and targeted groups have included Muslim Crimean Tatars, the Orthodox Church of Ukraine, formerly the Ukrainian Orthodox Church of the Kyivan Patriarchate, the Ukrainian Greek Catholic Church, Protestant Christians, and Jehovah’s Witnesses. (4) According to the Department of State’s International Religious Freedom Reports, violations of religious freedom in the part of the Donbas region of Ukraine controlled by armed groups commanded by Russia have included detention and imprisonment, torture, confiscation of property, including churches and meeting halls, physical assaults and threats of violence, vandalism, fines, restrictions on missionary activities, religious services, ceremonies, gatherings, and literature, and banning of peaceful religious groups, and targeted groups have included the Orthodox Church of Ukraine, formerly the Ukrainian Orthodox Church-Kyiv Patriarchate, the Ukrainian Greek Catholic Church, Protestant Christians, and Jehovah’s Witnesses. (5) The International Religious Freedom Act of 1998, as amended by the Frank R. Wolf International Religious Freedom Act, requires the President to— (A) designate a foreign country as a country of particular concern for religious freedom when its government has engaged in or tolerated particularly severe violations of religious freedom in that country over the previous 12 months; (B) take one or more of the actions described in paragraphs (9) through (15) of section 405(a) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6445(a) ), or commensurate actions in substitution, not later than 90 days, or 180 days in case of a delay under paragraph (3), after the date of the designation of a country as a country of particular concern for religious freedom; and (C) designate a foreign country on a Special Watch List when its government has engaged in or tolerated severe violations of religious freedom in that country over the previous 12 months. (6) The Secretary of State designated Russia for the Special Watch List on November 28, 2018, and redesignated Russia for the Special Watch List on December 18, 2019, and December 2, 2020. (7) The National Security Strategy of the United States issued in 2017, 2015, 2006, 2002, 2000, 1999, 1998, and 1997, committed the United States to promoting international religious freedom to advance the security, economic, and other national interests of the United States. 3. Statement of policy It is the policy of the United States— (1) to never recognize the illegal, attempted annexation of Crimea by the Government of the Russia or the separation of any portion of Ukrainian territory through the use of military force; and (2) to consider any alien who, while serving as an official of the Government of Russia, was responsible for or directly carried out particularly severe violations of religious freedom in the sovereign territory of Ukraine that Russia illegally occupies or controls, including through non-state armed groups and illegal entities it commands and supports, to have committed particularly severe violations of religious freedom for purposes of applying section 212(a)(2)(G) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(G) ) with respect to any such alien. 4. Designation of Russia as a country of particular concern for religious freedom For purposes of making a determination of whether to designate Russia as a country of particular concern for religious freedom under section 402 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442 ), the President shall consider any particularly severe violation of religious freedom in the territory of Ukraine that Russia occupies or controls, including controls through non-state armed groups and illegal entities it commands and supports, during the period of time that is the basis for the determination and designation, to be a particularly severe violation of religious freedom that the Government of Russia has engaged in or tolerated. 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s1310is/xml/BILLS-117s1310is.xml |
117-s-1311 | II 117th CONGRESS 1st Session S. 1311 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Cotton (for himself, Mrs. Blackburn , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To secure the research enterprise of the United States from the Chinese Communist Party, and for other purposes.
1. Short title This Act may be cited as the Safeguarding Educational Institutions, Colleges, Universities, and Research Entities from China's Attempts to Misappropriate Property of the United States Act of 2021 or the SECURE CAMPUS Act of 2021 . 2. Exclusion of certain citizens of the People's Republic of China (a) In general The Secretary of State shall deny a nonimmigrant visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) to, and the Secretary of Homeland Security may not admit to the United States pursuant to such a nonimmigrant visa, an alien who is a citizen of the People's Republic of China if the Secretary of State determines that the alien seeks to enter the United States to participate in graduate-level or post-graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at an institution of higher education. (b) Applicability Subsection (a) shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. (c) Waivers (1) Humanitarian purposes The Secretary of State may waive the application of subsection (a) with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. (2) National security interests (A) In general The President may waive the application of subsection (a) on a case-by-case basis if such application would harm the national security of the United States. (B) Report Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. (d) Student and Exchange Visitor Program certification requirement Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(d) ) is amended by adding at the end the following: (3) Certification relating to STEM fields (A) In general As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post-graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. (B) Participating institution of higher education defined In this paragraph, the term participating institution of higher education means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program. . (e) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. (f) Rule of construction (1) In general Nothing in this section shall be construed to require the denial of a visa application of— (A) a citizen or permanent resident of Taiwan; or (B) a bona fide Hong Kong applicant. (2) Definition of bona fide Hong Kong applicant In this subsection, bona fide Hong Kong applicant means an individual who— (A) (i) was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or (ii) (I) has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph (F) or (J) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and (II) the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People’s Republic of China, or any entity controlled by the government of the People’s Republic of China; (B) is a citizen of the People’s Republic of China; and (C) is not a citizen of any other country. 3. Conditions on Federal research grants As a condition of receiving a Federal research and development grant in a field of science, technology, engineering, or mathematics, a grant recipient shall certify that the recipient— (1) is not— (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7; and (2) will not knowingly employ to carry out activities funded by the Federal research and development grant— (A) a citizen of the People's Republic of China; or (B) a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7. 4. Protecting institutions, laboratories, and research institutes (a) In general Notwithstanding any other provision of law, the head of each Federal agency shall ensure that any institution of higher education, laboratory, or research institute receiving Federal assistance agrees, as a condition of such assistance, to not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China. (b) Program participation agreements Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended by adding at the end the following: (30) The institution will not knowingly employ any individual who is a participant in a foreign talent recruitment program of the People's Republic of China listed by the Secretary of State in accordance with section 7 of the SECURE CAMPUS Act of 2021 . . 5. Registration of participants in foreign talent recruitment programs of the People's Republic of China as agents of the Government of the People's Republic of China Notwithstanding section 3 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 613 ), any individual in the United States who is associated with a foreign talent recruitment program of the People's Republic of China, either as a recruiter or as a recruit— (1) shall be deemed to be an agent of a foreign principal (as defined in section 1(c) of such Act ( 22 U.S.C. 611(c) ); and (2) shall comply with the registration requirements set forth in section 2 of such Act ( 22 U.S.C. 612 ) not later than 30 days after the later of— (A) the date of the enactment of this Act; or (B) the date on which the individual entered the United States. 6. Economic espionage Section 1839(1) of title 18, United States Code, is amended— (1) by inserting education, research, after commercial, ; and (2) by inserting or otherwise incorporated or substantially located in or composed of citizens of countries subject to compulsory political or governmental representation within corporate leadership after foreign government . 7. Department of State list of foreign talent recruitment programs of the People's Republic of China (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Attorney General, the Secretary of Defense, and the Director of National Intelligence, shall compile and publish in the Federal Register a list of foreign talent recruitment programs of the People's Republic of China. (b) Annual review and revision Not less frequently than annually, the Secretary of State shall— (1) review and revise the list compiled under subsection (a); and (2) publish the revised list in the Federal Register. 8. Definitions In this Act: (1) Foreign talent recruitment program of the People's Republic of China The term foreign talent recruitment program of the People's Republic of China means any effort organized, managed, funded, or otherwise controlled by the Government of the People's Republic of China or the Chinese Communist Party to employ, contract, or otherwise compensate 1 or more individuals to conduct research, development, testing, or any other science or technology activity for the direct or indirect benefit of the People's Republic of China. (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). | https://www.govinfo.gov/content/pkg/BILLS-117s1311is/xml/BILLS-117s1311is.xml |
117-s-1312 | II 117th CONGRESS 1st Session S. 1312 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mr. Murphy (for himself, Ms. Ernst , Ms. Hassan , Mrs. Shaheen , Mrs. Capito , Mr. Blunt , Mr. Blumenthal , Mr. Van Hollen , Ms. Smith , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to eliminate the waiting periods for disability insurance benefits and Medicare coverage for individuals with metastatic breast cancer, and for other purposes.
1. Short title This Act may be cited as the Metastatic Breast Cancer Access to Care Act . 2. Elimination of waiting period for individuals with metastatic breast cancer (a) In general Section 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is amended— (1) in paragraph (1), in the matter following subparagraph (E), by inserting or metastatic breast cancer after amyotrophic lateral sclerosis ; and (2) in paragraph (2)(B), by inserting or (iii) after clause (ii) . (b) Effective date The amendments made by this section shall apply with respect to applications for disability insurance benefits filed after the date of the enactment of this Act. 3. Waiver of 24-month waiting period for Medicare coverage of individuals with metastatic breast cancer (a) In general Section 226(h) of the Social Security Act ( 42 U.S.C. 426(h) ) is amended by inserting or metastatic breast cancer after amyotrophic lateral sclerosis (ALS) . (b) Effective Date The amendments made by this section shall apply to benefits for months beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1312is/xml/BILLS-117s1312is.xml |
117-s-1313 | II 117th CONGRESS 1st Session S. 1313 IN THE SENATE OF THE UNITED STATES April 22, 2021 Mrs. Gillibrand (for herself, Ms. Murkowski , Ms. Klobuchar , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to establish a mission statement of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Honoring All Veterans Act of 2021 . 2. Mission statement of Department of Veterans Affairs (a) Required mission statement Section 301 of title 38, United States Code, is amended by adding at the end the following new subsection: (d) The mission statement of the Department shall be as follows: To fulfill President Lincoln’s promise to care for those who shall have borne the battle and for their families, caregivers, and survivors. . . (b) Notification Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall— (1) publish in the Federal Register and on the internet website of the Department of Veterans Affairs a notification explaining the mission statement of the Department as specified in subsection (d) of section 301 of title 38, United States Code, as added by subsection (a) of this section; and (2) update each internet website of the Department of Veterans Affairs and other electronic references that use a previous mission statement. (c) Guidance (1) In general Not later than 30 days after the date of the enactment of the this Act, the Secretary shall develop and issue guidance to all elements of the Department regarding the mission statement of the Department as specified in subsection (d) of section 301 of title 38, United States Code, as added by subsection (a) of this section. (2) Contents The guidance required by paragraph (1) shall include the following: (A) A notification explaining the mission statement. (B) Instructions and a timeline for updating all previous mission statement references at each such element. (C) A method to monitor and evaluate the compliance by facilities of the Department with the guidance, including a reporting mechanism for such facilities to report back to the Secretary on the progress made in updating all non-electronic mission statement references. (D) Any other information that the Secretary determines necessary to ensure timely compliance with the guidance. (d) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report containing a review and assessment of the progress of each element of the Department in complying with the guidance under subsection (c), including— (1) any reasons explaining why an element of the Department has failed to implement the guidance; and (2) a plan to address any such failure to implement the guidance and ensure that each element of the Department fully implements and complies with the guidance. | https://www.govinfo.gov/content/pkg/BILLS-117s1313is/xml/BILLS-117s1313is.xml |
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