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117-s-1414 | II 117th CONGRESS 1st Session S. 1414 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for the establishment of clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean technologies, and for other purposes.
1. Short title This Act may be cited as the Consortia-Led Energy and Advanced Manufacturing Networks Act of 2021 . 2. Definitions In this Act: (1) Clean technology The term clean technology means a technology, production process, or methodology that— (A) produces energy from solar, wind, geothermal, biomass, tidal, wave, ocean, or another renewable energy source (as defined in section 609 of the Public Utility Regulatory Policies Act of 1978 ( 7 U.S.C. 918c )); (B) more efficiently transmits, distributes, or stores energy; (C) enhances energy efficiency for buildings and industry, including combined heat and power; (D) enables the development of a Smart Grid (as described in section 1301 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17381 )), including integration of renewable energy sources and distributed generation, demand response, demand side management, and systems analysis; (E) produces an advanced or sustainable material with energy or energy efficiency applications; (F) improves energy efficiency for transportation, including electric vehicles; or (G) enhances water security through improved water management, conservation, distribution, or end use applications. (2) Advanced manufacturing The term advanced manufacturing — (A) means a manufacturing process that makes extensive use of computer, high precision, or information technologies integrated with a high performance workforce in a production system capable of furnishing a heterogeneous mix of products in small or large volumes with either the efficiency of mass production or the flexibility of custom manufacturing in order to respond quickly to customer demands; and (B) includes both new ways to manufacture existing products and the manufacture of new products emerging from new advanced technologies. (3) Cluster The term cluster means a network of entities directly involved in the research, development, finance, and commercial application of clean technologies and advanced manufacturing whose geographic proximity facilitates the use and sharing of skilled human resources, infrastructure, research facilities, educational and training institutions, venture capital, and input suppliers. (4) Consortium The term consortium means a clean technology consortium established in accordance with this Act. (5) Project The term project means an activity with respect to which a consortium provides support under this Act. (6) Qualifying entity The term qualifying entity means— (A) an institution of higher education that has entered into a partnership agreement with a private-sector entity; (B) a Federal or State entity with a focus on developing clean technologies or clusters, as determined by the Secretary; (C) a nongovernmental organization with expertise in translational research, clean technology, or cluster development; or (D) any other entity determined appropriate by the Secretary. (7) Secretary The term Secretary means the Secretary of Commerce. (8) Translational research The term translational research means the coordination of basic or applied research with technical applications to enable promising discoveries or inventions to achieve commercial application. 3. Establishment of clean technology consortia program (a) In general The Secretary shall establish and carry out a program to establish clean technology consortia to enhance the economic, environmental, and energy security of the United States by promoting domestic development, manufacture, and deployment of clean, state-of-the-art technologies. (b) Program The Secretary shall carry out the program established under subsection (a) by leveraging the expertise and resources of private research communities, institutions of higher education, industry, venture capital, National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )), and other participants in technology innovation— (1) to support collaborative, cross-disciplinary research and development in clean technologies and advanced manufacturing; and (2) to develop and accelerate the commercial application of innovative clean technologies and advanced manufacturing practices. (c) Role of the Secretary The Secretary shall— (1) carry out and oversee all aspects of the program established under subsection (a); (2) select recipients of grants for the establishment and operation of consortia through a competitive selection process; and (3) coordinate the innovation activities of consortia with activities carried out by the Secretary of Energy, the Secretary of Defense, other Federal agency heads, industry, and institutions of higher education, including by annually— (A) issuing guidance regarding national clean technology and advanced manufacturing development priorities and strategic objectives; and (B) convening a conference relating to clean technology and advanced manufacturing, which shall bring together representatives of Federal agencies, industry, institutions of higher education, and other entities to share research and commercialization results, program plans, and opportunities for collaboration. (d) Purposes of consortia The purposes of the consortia shall include— (1) promoting new innovative clean technologies that have demonstrated interest and potential for commercialization; (2) expanding advanced manufacturing capabilities, networks, supply chains, and assets, in the area of clean technologies, that contribute to regional and national manufacturing competitiveness and potential for growth; (3) promoting job creation and entrepreneurship through the establishment of new companies, the expansion of existing companies, and commercialization of clean technologies; (4) providing technical or financial assistance to companies looking to invest in clean technologies, new products or services, or enhanced processes that will grow sales and jobs; (5) determining opportunities and challenges that companies are facing and how to improve their use or production of clean technologies; (6) assisting individual small- and medium-sized enterprises with adopting and utilizing new clean technologies and related business and advanced manufacturing practices; (7) accelerating investment in and deployment of clean technologies through public-private partnerships; (8) encouraging partnering between and among emerging and established clean technology and advanced manufacturing enterprises; or (9) demonstrating a comprehensive and successful model for commercialization of clean technologies for promotion and emulation. 4. Applications (a) In general To receive a grant under this Act, a consortium shall submit to the Secretary an application in such manner, at such time, and containing such information as the Secretary determines to be necessary. (b) Eligibility A consortium shall be eligible to receive a grant under this Act if— (1) the consortium consists of— (A) one or more research universities that can demonstrate a significant annual clean technology research budget, entrepreneurial support programs, and technology licensing expertise; and (B) a total of three or more qualifying entities that can demonstrate expertise in translational research, clean technology, and cluster development; (2) the members of the consortium have established a binding agreement that documents— (A) the structure of the partnership agreement; (B) a governance and management structure that enables cost-effective implementation of the program; (C) a conflicts-of-interest policy, including procedures, consistent with those of the Department of Commerce, to ensure that employees and designees for consortium activities who are in decision-making capacities disclose all material conflicts of interest, including financial, organizational, and personal conflicts of interest; (D) an accounting structure that meets the requirements of the Secretary and that may be audited under this Act; and (E) the existence of an external advisory committee; (3) the consortium receives funding from non-Federal sources, such as a State and participants of the consortium, that may be used to support projects; (4) the consortium is part of an existing cluster or demonstrates high potential to develop a new cluster; and (5) the consortium operates as a nonprofit organization or as a public-private partnership under an operating agreement led by a nonprofit organization. (c) Disqualification The Secretary may disqualify an application from a consortium under this Act if the Secretary determines that the conflicts-of-interest policy of the consortium is inadequate. (d) External advisory committees (1) In general To be eligible to receive a grant under this Act, a consortium shall establish an external advisory committee, the members of which shall have extensive and relevant scientific, technical, industry, financial, or research management expertise. (2) Duties An external advisory committee shall— (A) review the proposed plans, programs, project selection criteria, and projects of the consortium; and (B) ensure that projects selected by the consortium meet the applicable conflicts-of-interest policy of the consortium. (3) Members An external advisory committee shall consist of— (A) representatives of the members of the consortium; and (B) such representatives of industry, including entrepreneurs and venture capitalists, as the members of the consortium determine to be necessary. (4) Secretary as member The Secretary shall join the external advisory committee of a consortium that receives a grant under this Act. 5. Grants (a) In general The Secretary shall award grants, on a competitive basis— (1) not later than 2 years after the date of the enactment of this Act, to at least 1 consortium; and (2) not later than 10 years after such date of enactment, to not fewer than 6 consortia. (b) Terms (1) In general The initial term of a grant awarded under this Act shall not exceed 5 years. (2) Extension The Secretary may extend the term of a grant awarded under this Act for a period of not more than 5 additional years. (c) Amounts (1) In general A grant awarded to a consortium under this Act shall not exceed the lesser of— (A) $30,000,000 per fiscal year; or (B) the collective contributions of non-Federal entities to the consortium, as described under section 4(b)(3). (2) Flexibility In determining the amount of a grant under this section, the Secretary shall consider— (A) the translational research capacity of the consortium; (B) the financial, human, and facility resources of the qualifying entities; and (C) the cluster of which the consortium is a part. (3) Increases in amounts Subject to paragraph (1), a consortium may request an increase in the amount of a grant awarded under this Act at the time the consortium requests an extension of an initial grant. (d) Use of amounts (1) In general Subject to paragraph (3), a consortium awarded a grant under this Act shall use the amounts to support translational research, technology development, manufacturing innovation, and commercialization activities relating to clean technology. (2) Project selection As a condition of receiving a grant under this Act, a consortium shall— (A) develop and make available to the public on the website of the Department of Commerce proposed plans, programs, project selection criteria, and terms for individual project awards; (B) establish policies— (i) to prevent resources provided to the consortium from being used to displace private sector investment otherwise likely to occur, including investment from private sector entities that are members of the consortium; (ii) to facilitate the participation of private entities that invest in clean technologies to perform due diligence on award proposals, to participate in the award review process, and to provide guidance to projects supported by the consortium; and (iii) to facilitate the participation of parties with a demonstrated history of commercial application of clean technologies in the development of consortium projects; (C) oversee project solicitations, review proposed projects, and select projects for awards; and (D) monitor project implementation. (3) Limitations (A) Administrative expenses A consortium may use not more than 10 percent of the amounts awarded to the consortium for administrative expenses. (B) Prohibition on use A consortium may not use any amounts awarded to the consortium under this Act to construct a new building or facility. (e) Audits (1) In general A consortium that receives a grant under this Act shall carry out, in accordance with such requirements as the Secretary may prescribe, an annual audit to determine whether the grant has been used in accordance with this Act. (2) Report The consortium shall submit a copy of each audit under paragraph (1) to the Secretary and the Comptroller General of the United States. (3) GAO review As a condition of receiving a grant under this Act, a consortium shall allow the Comptroller General of the United States, on the request of the Comptroller General, full access to the books, records, and personnel of consortium. (4) Reports to Congress The Secretary shall submit to Congress annually a report that includes— (A) a copy of each audit carried out under paragraph (1); and (B) any recommendations of the Secretary relating to the clean technology consortia program. (f) Revocation of awards The Secretary shall have the authority— (1) to review grants awarded under this Act; and (2) to revoke a grant awarded under this Act if the Secretary determines that a consortium has used the grant in a manner that is not consistent with this Act. (g) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000. | https://www.govinfo.gov/content/pkg/BILLS-117s1414is/xml/BILLS-117s1414is.xml |
117-s-1415 | II 117th CONGRESS 1st Session S. 1415 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself, Mr. Wyden , Mr. Merkley , Mr. Sanders , and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Energy Policy and Conservation Act to reinstate the ban on the export of crude oil and natural gas produced in the United States, and for other purposes.
1. Short title This Act may be cited as the Block All New Oil Exports Act or the BAN Oil Exports Act . 2. Domestic use of energy supplies and related materials and equipment (a) In general The Energy Policy and Conservation Act ( 42 U.S.C. 6201 et seq.) is amended by inserting after section 101 the following: 103. Domestic use of energy supplies and related materials and equipment (a) Export restrictions The President, by rule, under such terms and conditions as the President determines to be appropriate and necessary to carry out the purposes of this Act, may restrict exports of— (1) coal, petroleum products, natural gas, or petrochemical feedstocks; and (2) supplies of materials or equipment that the President determines to be necessary— (A) to maintain or further exploration, production, refining, or transportation of energy supplies; or (B) for the construction or maintenance of energy facilities within the United States. (b) Prohibition of export of crude oil and natural gas (1) Rule Subject to paragraph (2), the President shall exercise the authority provided under subsection (a) to promulgate a rule prohibiting the export of crude oil and natural gas produced in the United States. (2) Exemptions (A) In general In accordance with subparagraph (A), the President may exempt from a prohibition on the export of crude oil and natural gas under paragraph (1) any crude oil or natural gas exports that the President determines to be consistent with— (i) the national interest; and (ii) the purposes of this Act. (B) Requirements An exemption from a rule prohibiting crude oil or natural gas exports under paragraph (1)— (i) shall be— (I) included in the rule; or (II) provided for in an amendment to the rule; and (ii) may be based on— (I) the purpose for export; (II) the class of seller or purchaser; (III) the country of destination; or (IV) any other reasonable classification or basis that the President determines to be— (aa) appropriate; and (bb) consistent with— (AA) the national interest; and (BB) the purposes of this Act. (c) Imposition of restrictions (1) In general In order to implement any rule promulgated under subsection (a), the President may direct the Secretary of Commerce to impose such restrictions as are specified in the rule on exports of— (A) coal, petroleum products, natural gas, or petrochemical feedstocks; and (B) supplies of materials and equipment described in paragraph (2) of that subsection. (2) Procedures The Secretary shall impose restrictions under paragraph (1) pursuant to procedures established under the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.). (d) Restrictions and national interest Any finding by the President pursuant to subsection (a) or (b) and any action taken by the Secretary of Commerce pursuant to those subsections shall take into account the national interest as related to the need to leave uninterrupted or unimpaired— (1) exchanges in similar quantity for convenience or increased efficiency of transportation with persons or the government of a foreign state; (2) temporary exports for convenience or increased efficiency of transportation across parts of an adjacent foreign state before reentering the United States; and (3) the historical trading relations of the United States with Canada and Mexico. (e) Waiver of notice and comment period (1) In general Subject to paragraph (2), subchapter II of chapter 5 of title 5, United States Code, shall apply with respect to the promulgation of any rule pursuant to this section. (2) Waiver (A) In general The President may waive with respect to the promulgation of any rule pursuant to this section the notice and comment provisions of subchapter II of chapter 5 of title 5, United States Code, only if the President determines that compliance with the requirements may seriously impair the ability of the President to impose effective and timely prohibitions on exports. (B) Opportunity for comment If the notice and comment provisions of subchapter II of chapter 5 of title 5, United States Code, are waived under subparagraph (A) with respect to a rule promulgated under this section, the President shall provide interested persons an opportunity to comment on the rule as soon as practicable after the date on which the rule is promulgated. (3) Enforcement and penalty provisions If the President determines to request the Secretary of Commerce to impose specified restrictions pursuant to subsection (c), the enforcement and penalty provisions of the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq.) shall apply to any violation of the restrictions. . (b) Clerical and conforming amendments (1) Clerical amendment The table of contents for the Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is amended by inserting before the item relating to section 104 the following: 103. Domestic use of energy supplies and related materials and equipment. . (2) Conforming amendment Section 101 of division O of the Consolidated Appropriations Act, 2016 ( 42 U.S.C. 6212a ), is amended by striking subsections (b) through (d). | https://www.govinfo.gov/content/pkg/BILLS-117s1415is/xml/BILLS-117s1415is.xml |
117-s-1416 | II 117th CONGRESS 1st Session S. 1416 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself, Mr. Blumenthal , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 49, United States Code, to require the Secretary of Transportation to establish a motor vehicle recall assistance program, and for other purposes.
1. Short title This Act may be cited as the Promoting Auto Recalls Toward Safety Act of 2021 or the PARTS Act of 2021 . 2. Motor vehicle recall assistance program (a) In general Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30129. Motor vehicle recall assistance program (a) Definitions In this section: (1) Open recall The term open recall means a motor vehicle recall— (A) for which a notification by a manufacturer has been provided under section 30119; and (B) that has not been remedied under section 30120. (2) Registration The term registration means the process for registering a motor vehicle in a State (including registration renewal). (3) Secretary The term Secretary means the Secretary of Transportation. (b) Program (1) In general Not later than 2 years after the date of enactment of this section, the Secretary shall establish a program under which the Secretary shall provide grants and other assistance, including technical assistance, to States in informing owners and lessees of a motor vehicle about open recalls on the motor vehicle at the time of registration of the motor vehicle in the State. (2) Eligibility To be eligible to receive assistance under this subsection, a State shall— (A) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and (B) agree— (i) to notify each owner or lessee of a motor vehicle presented for registration in the State of any open recall on that motor vehicle; and (ii) to provide to each owner or lessee of the motor vehicle presented for registration— (I) the open recall information for the motor vehicle at no cost; and (II) such other information as the Secretary may require. (3) Factors for consideration In selecting recipients for assistance under this subsection, the Secretary shall take into consideration the methodology of a State for— (A) identifying open recalls on a motor vehicle; (B) informing the owner or lessee of a motor vehicle of an open recall; and (C) measuring performance in— (i) informing owners and lessees about open recalls; and (ii) remedying open recalls. (4) Grants (A) Limitation A State may receive not more than 1 grant under this subsection. (B) Performance period A grant provided under this subsection shall require a performance period of 2 years. (5) Report to the Secretary Not later than 90 days after the date of completion of the performance period under paragraph (4)(B), each State that receives a grant under this subsection shall submit to the Secretary a performance report that contains such information as the Secretary considers to be necessary— (A) to evaluate the extent to which open recalls have been remedied in the State; and (B) to enable a comparison of— (i) recall completion under this subsection; and (ii) existing recall completion data. (6) Evaluation and report to Congress Not later than 180 days after the date on which the Secretary receives from a State a performance report under paragraph (5), the Secretary shall— (A) evaluate the extent to which open recalls have been remedied in the State; and (B) submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report describing the results of the evaluation under subparagraph (A). . (b) Clerical amendment The analysis for subchapter II of chapter 301 of title 49, United States Code, is amended by striking the item relating to section 30128 and inserting the following: 30128. Vehicle rollover prevention and crash mitigation. 30129. Motor vehicle recall assistance program. . 3. Recall completion reports and scorecard (a) Reports on notification campaigns Section 30118 of title 49, United States Code, is amended by adding at the end the following: (f) Reports on notification campaigns (1) In general Each manufacturer that is conducting a campaign under subsection (b) or (c), or any other law (including regulations), to notify manufacturers, distributors, owners, purchasers, or dealers of a defect or noncompliance shall submit to the Administrator of the National Highway Traffic Safety Administration— (A) by the applicable date described in section 573.7(d) of title 49, Code of Federal Regulations (or a successor regulation), a quarterly report on the campaign for each of 8 consecutive quarters, beginning with the quarter in which the campaign was initiated; and (B) an annual report for each of the 3 years following completion of the last quarter for which a quarterly report is submitted under subparagraph (A). (2) Requirements Except as otherwise provided in this subsection, each report under this subsection shall comply with the requirements of section 573.7 of title 49, Code of Federal Regulations (or a successor regulation). . (b) Scorecard and notification to owners and lessees of unremedied vehicles Section 30120 of title 49, United States Code, is amended by adding at the end the following: (k) Recall remedy scorecard (1) In general The Administrator of the National Highway Traffic Safety Administration shall publish an annual scorecard of recall completion rates for each manufacturer submitting a report under section 30118(f) during the year covered by the scorecard. (2) Requirement The annual scorecard under paragraph (1) shall include— (A) for each manufacturer submitting a report under section 30118(f) during the year covered by the scorecard— (i) the total number of— (I) recalls issued by the manufacturer during the year covered by the scorecard; and (II) vehicles of the manufacturer subject to a recall during the year covered by the scorecard; and (ii) the percentage of vehicles of the manufacturer that— (I) were subject to a recall at any time during the year covered by the scorecard; and (II) have been remedied under this section; and (B) for each campaign that is the subject of a report submitted under section 30118(f) during the year covered by the scorecard— (i) the total number of recalls issued by the manufacturer pursuant to the campaign— (I) during the year covered by the scorecard; and (II) since the date on which the campaign was initiated; (ii) the total number of vehicles of the manufacturer subject to the campaign— (I) during the year covered by the scorecard; and (II) since the date on which the campaign was initiated; and (iii) the percentage of vehicles subject to the campaign that have been remedied under this section— (I) during the year covered by the scorecard; and (II) since the date on which the campaign was initiated. . | https://www.govinfo.gov/content/pkg/BILLS-117s1416is/xml/BILLS-117s1416is.xml |
117-s-1417 | II 117th CONGRESS 1st Session S. 1417 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Cruz (for himself and Mr. Rubio ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a Venezuela Reconstruction Fund, and for other purposes.
1. Short title This Act may be cited as the Preserving Accountability for National Assets Act of 2021 or the PANA Act . 2. Venezuela Restoration Fund (a) Establishment There is established in the United States Treasury a fund, to be known as the Venezuela Restoration Fund , which shall consist of amounts deposited in the Fund under subsection (c). (b) Uses Amounts in the Fund— (1) shall be available to the Secretary of State only for the purposes described in paragraph (2), without fiscal year limitation or need for subsequent appropriation; (2) shall be used only for the purposes of— (A) strengthening democratic governance and institutions, including the democratically elected National Assembly of Venezuela; (B) defending internationally recognized human rights for the people of Venezuela, including support for efforts to document crimes against humanity and violations of human rights; (C) supporting the efforts of independent media outlets to broadcast, distribute, and share information beyond the limited channels made available by the Maduro regime; and (D) combatting corruption and improving the transparency and accountability of institutions that are part of the Maduro regime; (3) may support governmental and nongovernmental parties in advancing the purposes described in paragraph (2); and (4) shall be allocated in a manner complementary to existing United States foreign assistance, diplomacy, and anti-corruption activities. (c) Funding Beginning on or after the date of the enactment of this Act, notwithstanding any other provision of law, in the case of any funds or assets forfeited to the United States by an individual or entity connected to the regimes of Hugo Chávez and Nicolás Maduro in Venezuela, the funds or assets will be deposited in the Venezuela Reconstruction Fund established under subsection (a). (d) Reporting Not later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that includes— (1) an accounting of the amount and sources of funds that have been deposited into the Venezuela Restoration Fund; and (2) a summary of the obligation, amounts, and expenditure of such funds. | https://www.govinfo.gov/content/pkg/BILLS-117s1417is/xml/BILLS-117s1417is.xml |
117-s-1418 | II 117th CONGRESS 1st Session S. 1418 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Markey (for himself, Mrs. Gillibrand , Mr. Rubio , and Mrs. Capito ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To provide for a coordinated Federal research initiative to ensure continued United States leadership in engineering biology.
1. Short title This Act may be cited as the Bioeconomy Research and Development Act of 2021 . 2. Findings The Congress makes the following findings: (1) Cellular and molecular processes may be used, mimicked, or redesigned to develop new products, processes, and systems that improve societal well-being, strengthen national security, and contribute to the economy. (2) Engineering biology relies on a workforce with a diverse and unique set of skills combining the biological, physical, chemical, and information sciences and engineering. (3) Long-term research and development is necessary to create breakthroughs in engineering biology. Such research and development requires government investment as many of the benefits are too distant or uncertain for industry to support alone. (4) Research is necessary to inform evidence-based governance of engineering biology and to support the growth of the engineering biology industry. (5) The Federal Government has an obligation to ensure that ethical, legal, environmental, safety, security, and societal implications of its science and technology research and investment follows policies of responsible innovation and fosters public transparency. (6) The Federal Government can play an important role by facilitating the development of tools and technologies to further advance engineering biology, including user facilities, by facilitating public-private partnerships, by supporting risk research, and by facilitating the commercial application in the United States of research funded by the Federal Government. (7) The United States led the development of the science and engineering techniques that created the field of engineering biology, but due to increasing international competition, the United States is at risk of losing its competitive advantage if it does not strategically invest the necessary resources. (8) A National Engineering Biology Initiative can serve to establish new research directions and technology goals, improve interagency coordination and planning processes, drive technology transfer to the private sector, and help ensure optimal returns on the Federal investment. 3. Definitions In this Act: (1) Biomanufacturing The term biomanufacturing means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale. (2) Engineering biology The term engineering biology means the application of engineering design principles and practices to biological systems, including molecular and cellular systems, to advance fundamental understanding of complex natural systems and to enable novel or optimize functions and capabilities. (3) Initiative The term Initiative means the National Engineering Biology Research and Development Initiative established under section 4. (4) Omics The term omics refers to the collective technologies used to explore the roles, relationships, and actions of the various types of molecules that make up the cells of an organism. 4. National Engineering Biology Research and Development Initiative (a) In general The President, acting through the Office of Science and Technology Policy, shall implement a National Engineering Biology Research and Development Initiative to advance societal well-being, national security, sustainability, and economic productivity and competitiveness through— (1) advancing areas of research at the intersection of the biological, physical, chemical, data, and computational sciences and engineering to accelerate scientific understanding and technological innovation in engineering biology; (2) advancing areas of biomanufacturing research to optimize, standardize, scale, and deliver new products and solutions; (3) supporting social and behavioral sciences and economics research that advances the field of engineering biology and contributes to the development and public understanding of new products, processes, and technologies; (4) improving the understanding of engineering biology of the scientific and lay public and supporting greater evidence-based public discourse about its benefits and risks; (5) supporting research relating to the risks and benefits of engineering biology, including under subsection (d); (6) supporting the development of novel tools and technologies to accelerate scientific understanding and technological innovation in engineering biology; (7) expanding the number of researchers, educators, and students and a retooled workforce with engineering biology training, including from traditionally underrepresented and underserved populations; (8) accelerating the translation and commercialization of engineering biology research and development by the private sector; and (9) improving the interagency planning and coordination of Federal Government activities related to engineering biology. (b) Initiative activities The activities of the Initiative shall include— (1) sustained support for engineering biology research and development through— (A) grants to fund the work of individual investigators and teams of investigators, including interdisciplinary teams; (B) projects funded under joint solicitations by a collaboration of no fewer than two agencies participating in the Initiative; and (C) interdisciplinary research centers that are organized to investigate basic research questions, carry out technology development and demonstration activities, and increase understanding of how to scale up engineering biology processes, including biomanufacturing; (2) sustained support for databases and related tools, including— (A) support for curated genomics, epigenomics, and other relevant omics databases, including plant and microbial databases, that are available to researchers to carry out engineering biology research in a manner that does not compromise national security or the privacy or security of information within such databases; (B) development of standards for such databases, including for curation, interoperability, and protection of privacy and security; (C) support for the development of computational tools, including artificial intelligence tools, that can accelerate research and innovation using such databases; and (D) an inventory and assessment of all Federal government omics databases to identify opportunities to improve the utility of such databases, as appropriate and in a manner that does not compromise national security or the privacy and security of information within such databases, and inform investment in such databases as critical infrastructure for the engineering biology research enterprise; (3) sustained support for the development, optimization, and validation of novel tools and technologies to enable the dynamic study of molecular processes in situ, including through— (A) research conducted at Federal laboratories; (B) grants to fund the work of investigators at institutions of higher education and other nonprofit research institutions; (C) incentivized development of retooled industrial sites across the country that foster a pivot to modernized engineering biology initiatives; and (D) awards under the Small Business Innovation Research Program and the Small Business Technology Transfer Program, as described in section 9 of the Small Business Act ( 15 U.S.C. 638 ); (4) support for education and training of undergraduate and graduate students in engineering biology, biomanufacturing, bioprocess engineering, and computational science applied to engineering biology and in the related ethical, legal, environmental, safety, security, and other societal domains; (5) activities to develop robust mechanisms for documenting and quantifying the outputs and economic benefits of engineering biology; and (6) activities to accelerate the translation and commercialization of new products, processes, and technologies by— (A) identifying precompetitive research opportunities; (B) facilitating public-private partnerships in engineering biology research and development; (C) connecting researchers, graduate students, and postdoctoral fellows with entrepreneurship education and training opportunities; and (D) supporting proof of concept activities and the formation of startup companies including through programs such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program. (c) Expanding participation The Initiative shall include, to the maximum extent practicable, outreach to primarily undergraduate and minority-serving institutions about Initiative opportunities, and shall encourage the development of research collaborations between research-intensive universities and primarily undergraduate and minority-serving institutions. (d) Ethical, legal, environmental, safety, security, and societal issues Initiative activities shall take into account ethical, legal, environmental, safety, security, and other appropriate societal issues by— (1) supporting research, including in the social sciences, and other activities addressing ethical, legal, environmental, and other appropriate societal issues related to engineering biology, including integrating research on such topics with the research and development in engineering biology, and encouraging the dissemination of the results of such research, including through interdisciplinary engineering biology research centers described in subsection (b)(1); (2) supporting research and other activities related to the safety and security implications of engineering biology, including outreach to increase awareness among Federal researchers and Federally-funded researchers at institutions of higher education about potential safety and security implications of engineering biology research, as appropriate; (3) ensuring that input from Federal and non-Federal experts on the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology is integrated into the Initiative; (4) ensuring, through the agencies and departments that participate in the Initiative, that public input and outreach are integrated into the Initiative by the convening of regular and ongoing public discussions through mechanisms such as workshops, consensus conferences, and educational events, as appropriate; and (5) complying with all applicable provisions of Federal law. 5. Initiative coordination (a) Interagency committee The President, acting through the Office of Science and Technology Policy, shall designate an interagency committee to coordinate activities of the Initiative as appropriate, which shall be co-chaired by the Office of Science and Technology Policy, and include representatives from the National Science Foundation, the Department of Energy, the Department of Defense, the National Aeronautics and Space Administration, the National Institute of Standards and Technology, the Environmental Protection Agency, the Department of Agriculture, the Department of Health and Human Services, the Bureau of Economic Analysis, and any other agency that the President considers appropriate (in this section referred to as the Interagency Committee ). The Director of the Office of Science and Technology Policy shall select an additional co-chairperson from among the members of the Interagency Committee. The Interagency Committee shall oversee the planning, management, and coordination of the Initiative. The Interagency Committee shall— (1) provide for interagency coordination of Federal engineering biology research, development, and other activities undertaken pursuant to the Initiative; (2) establish and periodically update goals and priorities for the Initiative; (3) develop, not later than 12 months after the date of the enactment of this Act, and update every 3 years thereafter, a strategic plan submitted to the Committee on Science, Space, and Technology and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Health, Education, Labor, and Pensions of the Senate that— (A) guides the activities of the Initiative for purposes of meeting the goals and priorities established under (and updated pursuant to) paragraph (2); and (B) describes— (i) the Initiative’s support for long-term funding for interdisciplinary engineering biology research and development; (ii) the Initiative’s support for education and public outreach activities; (iii) the Initiative’s support for research and other activities on ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology including— (I) an applied biorisk management research plan; (II) recommendations for integrating security into biological data access and international reciprocity agreements; (III) recommendations for manufacturing restructuring to support engineering biology research, development, and scaling-up initiatives; and (IV) an evaluation of existing biosecurity governance policies, guidance, and directives for the purposes of creating an adaptable, evidence-based framework to respond to emerging biosecurity challenges created by advances in engineering biology; (iv) how the Initiative will contribute to moving results out of the laboratory and into application for the benefit of society and United States competitiveness; and (v) how the Initiative will measure and track the contributions of engineering biology to United States economic growth and other societal indicators; (4) develop a national genomic sequencing strategy to ensure engineering biology research fully leverages plant, animal, and microbe biodiversity, as appropriate and in a manner that does not compromise national security or the privacy or security of human genetic information, to enhance long-term innovation and competitiveness in engineering biology in the United States; (5) develop a plan to utilize Federal programs, such as the Small Business Innovation Research Program and the Small Business Technology Transfer Program as described in section 9 of the Small Business Act ( 15 U.S.C. 638 ), in support of the activities described in section 4(b)(3); and (6) in carrying out this section, take into consideration the recommendations of the advisory committee established under section 6, the results of the workshop convened under section 7, existing reports on related topics, and the views of academic, State, industry, and other appropriate groups. (b) Triennial report Beginning with fiscal year 2022 and ending in fiscal year 2028, not later than 90 days after submission of the President’s annual budget request and every third fiscal year thereafter, the Interagency Committee shall prepare and submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes— (1) a summarized agency budget in support of the Initiative for the fiscal year to which such budget request applies, for the following 2 fiscal years, for the then current fiscal year, including a breakout of spending for each agency participating in the Program, and for the development and acquisition of any research facilities and instrumentation; and (2) an assessment of how Federal agencies are implementing the plan described in subsection (a)(3), including— (A) a description of the amount and number of awards made under the Small Business Innovation Research Program and the Small Business Technology Transfer Program (as described in section 9 of the Small Business Act ( 15 U.S.C. 638 )) in support of the Initiative; (B) a description of the amount and number of projects funded under joint solicitations by a collaboration of no fewer than 2 agencies participating in the Initiative; and (C) a description of the effect of the newly funded projects by the Initiative. (c) Initiative office (1) In general The President shall establish an Initiative Coordination Office, with a Director and full-time staff, which shall— (A) provide technical and administrative support to the interagency committee and the advisory committee established under section 6; (B) serve as the point of contact on Federal engineering biology activities for government organizations, academia, industry, professional societies, State governments, interested citizen groups, and others to exchange technical and programmatic information; (C) oversee interagency coordination of the Initiative, including by encouraging and supporting joint agency solicitation and selection of applications for funding of activities under the Initiative, as appropriate; (D) conduct public outreach, including dissemination of findings and recommendations of the advisory committee established under section 6, as appropriate; (E) serve as the coordinator of ethical, legal, environmental, safety, security, and other appropriate societal input; and (F) promote access to, and early application of, the technologies, innovations, and expertise derived from Initiative activities to agency missions and systems across the Federal Government, and to United States industry, including startup companies. (2) Funding The Director of the Office of Science and Technology Policy, in coordination with each participating Federal department and agency, as appropriate, shall develop and annually update an estimate of the funds necessary to carry out the activities of the Initiative Coordination Office and submit such estimate with an agreed summary of contributions from each agency to Congress as part of the President’s annual budget request to Congress. (3) Termination The Initiative Coordination Office established under this subsection shall terminate on the date that is 10 years after the date of the enactment of this Act. (d) Rule of construction Nothing in this section shall be construed to alter the policies, processes, or practices of individual Federal agencies in effect on the day before the date of the enactment of this Act relating to the conduct of biomedical research and advanced development, including the solicitation and review of extramural research proposals. 6. Advisory committee (a) In general The agency co-chair of the interagency committee established in section 5 shall, in consultation with the Office of Science and Technology Policy, designate or establish an advisory committee on engineering biology research and development (in this section referred to as the advisory committee ) to be composed of not fewer than 12 members, including representatives of research and academic institutions, industry, and nongovernmental entities, who are qualified to provide advice on the Initiative. (b) Assessment The advisory committee shall assess— (1) the current state of United States competitiveness in engineering biology, including the scope and scale of United States investments in engineering biology research and development in the international context; (2) current market barriers to commercialization of engineering biology products, processes, and tools in the United States; (3) progress made in implementing the Initiative; (4) the need to revise the Initiative; (5) the balance of activities and funding across the Initiative; (6) whether the strategic plan developed or updated by the interagency committee established under section 5 is helping to maintain United States leadership in engineering biology; (7) the management, coordination, implementation, and activities of the Initiative; and (8) whether ethical, legal, environmental, safety, security, and other appropriate societal issues are adequately addressed by the Initiative. (c) Reports Beginning not later than 2 years after the date of enactment of this Act, and not less frequently than once every 3 years thereafter, the advisory committee shall submit to the President, the Committee on Science, Space, and Technology of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate, a report on— (1) the findings of the advisory committee’s assessment under subsection (b); and (2) the advisory committee’s recommendations for ways to improve the Initiative. (d) Application of Federal Advisory Committee Act Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee. (e) Termination The advisory committee established under subsection (a) shall terminate on the date that is 10 years after the date of the enactment of this Act. 7. External review of ethical, legal, environmental, safety, security, and societal issues (a) In general Not later than 6 months after the date of enactment of this Act, the Director of the National Science Foundation shall seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to conduct a review, and make recommendations with respect to, the ethical, legal, environmental, safety, security, and other appropriate societal issues related to engineering biology research and development. The review shall include— (1) an assessment of the current research on such issues; (2) a description of the research gaps relating to such issues; (3) recommendations on how the Initiative can address the research needs identified pursuant to paragraph (2); and (4) recommendations on how researchers engaged in engineering biology can best incorporate considerations of ethical, legal, environmental, safety, security, and other societal issues into the development of research proposals and the conduct of research. (b) Report to Congress The agreement entered into under subsection (a) shall require the National Academies of Sciences, Engineering, and Medicine to, not later than 2 years after the date of the enactment of this Act— (1) submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings and recommendations of the review conducted under subsection (a); and (2) make a copy of such report available on a publicly accessible website. 8. Agency activities (a) National Science Foundation As part of the Initiative, the National Science Foundation shall— (1) support basic research in engineering biology through individual grants, collaborative grants, and through interdisciplinary research centers; (2) support research on the environmental, legal, ethical, and social implications of engineering biology; (3) provide support for research instrumentation for engineering biology disciplines, including support for research, development, optimization and validation of novel technologies to enable the dynamic study of molecular processes in situ; (4) support curriculum development and research experiences for secondary, undergraduate, and graduate students in engineering biology and biomanufacturing; and (5) award grants, on a competitive basis, to enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting. (b) Department of Commerce As part of the Initiative, the Director of the National Institute of Standards and Technology shall— (1) establish a bioscience research program to advance the development of standard reference materials and measurements and to create new data tools, techniques, and processes necessary to advance engineering biology and biomanufacturing; (2) provide access to user facilities with advanced or unique equipment, services, materials, and other resources to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing; and (3) provide technical expertise to inform the potential development of guidelines or safeguards for new products, processes, and systems of engineering biology. (c) Department of Energy As part of the Initiative, the Secretary of Energy shall— (1) conduct and support research, development, demonstration, and commercial application activities in engineering biology, including in the areas of synthetic biology, advanced biofuel development, biobased materials, and environmental remediation; (2) support the development, optimization and validation of novel, scalable tools and technologies to enable the dynamic study of molecular processes in situ; and (3) provide access to user facilities with advanced or unique equipment, services, materials, and other resources, including secure access to high-performance computing, as appropriate, to industry, institutions of higher education, nonprofit organizations, and government agencies to perform research and testing. (d) Department of Defense As part of the Initiative, the Secretary of Defense shall— (1) conduct and support research and development in engineering biology and associated data and information sciences; (2) support curriculum development and research experiences in engineering biology and associated data and information sciences across the military education system, to include service academies, professional military education, and military graduate education; and (3) assess risks of potential national security and economic security threats relating to engineering biology. (e) National Aeronautics and Space Administration As part of the Initiative, the National Aeronautics and Space Administration shall— (1) conduct and support basic and applied research in engineering biology, including in synthetic biology, and related to Earth and space sciences, aeronautics, space technology, and space exploration and experimentation, consistent with the priorities established in the National Academies’ decadal surveys; and (2) award grants, on a competitive basis, that enable institutions to support graduate students and postdoctoral fellows who perform some of their engineering biology research in an industry setting. (f) Department of Agriculture As part of the Initiative, the Secretary of Agriculture shall— (1) support research and development in engineering biology, including in synthetic biology and biomaterials; (2) award grants through the National Institute of Food and Agriculture; and (3) support development conducted by the Agricultural Research Service. (g) Environmental Protection Agency As part of the Initiative, the Environmental Protection Agency shall support research on how products, processes, and systems of engineering biology will affect or can protect the environment. (h) Department of Health and Human Services As part of the Initiative, the Secretary of Health and Human Services, as appropriate and consistent with activities of the Department of Health and Human Services in effect on the day before the date of the enactment of this Act, shall— (1) support research and development to advance the understanding and application of engineering biology for human health; (2) support relevant interdisciplinary research and coordination; and (3) support activities necessary to facilitate oversight of relevant emerging biotechnologies. 9. Rule of construction Nothing in this Act shall be construed to require public disclosure of information that is exempt from mandatory disclosure under section 552 of title 5, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1418is/xml/BILLS-117s1418is.xml |
117-s-1419 | II 117th CONGRESS 1st Session S. 1419 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to support and provide incentives for domestic manufacturing of printed circuit boards, to identify national security risks in printed circuit boards imported from certain foreign countries, and for other purposes.
1. Short title This Act may be cited as the Protecting Critical Boards and Electronics Through Transparency and Enduring Reinvestment Act of 2021 or the PCBETTER Act of 2021 . 2. Establishment of Electronics Supply Chain Fund and assistance and incentives for domestic manufacturing of printed circuit boards (a) Establishment of Electronics Supply Chain Fund There is established in the Treasury of the United States a trust fund to be known as the Electronics Supply Chain Fund (in this section the Fund ). (b) Contents of Fund (1) In general The Fund shall consists of such amounts as may be appropriated for deposit in the Fund. (2) Availability (A) In general Amounts deposited in the Fund shall remain available through the end of the tenth fiscal year beginning after the date on which funds are first appropriated to the Fund. (B) Remainder to treasury Any amounts remaining in the Fund after the date specified in subparagraph (A) shall be deposited in the general fund of the Treasury. (c) Use of fund Amounts deposited in the Fund shall be available to the Secretary of Defense— (1) to fund the construction, expansion, or modernization of facilities to develop or manufacture semiconductors, microelectronics, advanced electronic packaging, and printed circuit boards; (2) to carry out subsection (d); and (3) to carry out section 4(a). (d) Specific activities required Using amounts from the Fund, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Homeland Security, the Director of National Intelligence, and such other officials as the Secretary of Defense considers appropriate, shall— (1) promote and deploy technology, including microelectronics, printed circuit boards, semiconductors, and related technologies so as to create a commercially competitive electronics industry in the United States capable of meeting United States national security needs; (2) establish production and manufacturing sites for the technologies described in paragraph (1); and (3) establish security standards necessary for the implementation of— (A) this Act; (B) section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 132 Stat. 1917); (C) section 224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 2302 note); and (D) section 841 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ). (e) Printed circuit board manufacturing as qualifying capability The Secretary of Defense shall consider printed circuit board manufacturing as a qualifying capability when making funds available for the construction, expansion, or modernization of domestic development or manufacturing capabilities for semiconductors or electronic packaging. 3. Requirement that certain providers of systems to Department of Defense disclose the source of printed circuit boards when sourced from certain countries (a) Disclosure The Secretary of Defense shall require any provider of a covered system to provide to the Department of Defense, along with delivery of the covered system, a list of the printed circuit boards in the covered system that includes, for each printed circuit board, an attestation of whether— (1) the printed circuit board was partially or fully manufactured and assembled in a covered nation; (2) the printed circuit board was fully manufactured and assembled outside of a covered nation; or (3) the provider cannot determine where the printed circuit board was manufactured and assembled. (b) Regulations Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate such regulations as are necessary to carry out this section. (c) Definitions In this section: (1) The term covered nation includes the following: (A) The People's Republic of China. (B) The Russian Federation. (C) The Democratic People's Republic of North Korea. (D) The Islamic Republic of Iran. (2) The term covered system means any item, including commercial items and commercially available off-the-shelf items, notwithstanding section 3452 of title 10, United States Code, as redesignated by section 1821(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), or sections 1906 and 1907 of title 41, United States Code, that— (A) has an electronic component; (B) is provided to the Department of Defense under a contract that exceeds the simplified acquisition threshold; and (C) transmits or stores information including— (i) telecommunications; (ii) data communications and storage, including servers, switches, and networking systems, but excluding personal data storage devices, personal computers, desktop computers, tablets, and handheld equipment; (iii) information technology security systems; and (iv) any other system that the Secretary determines should be covered. (3) The term manufactured and assembled , with respect to a printed circuit board, includes all actions from the printing of the printed circuit board from raw materials to the integration of the completed printed circuit board in an end item or component of an end item. 4. Department of Defense testing of vulnerability of systems with printed circuit boards from certain countries and remediation and prevention of such vulnerabilities (a) Testing (1) Program establishment required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish a program to test systems owned or operated by the Department of Defense for vulnerabilities to foreign interference, sabotage, espionage, and attack. (2) Required testing for certain systems Through the program established under paragraph (1), the Secretary shall test each system of the Department that contains at least one printed circuit board for which a disclosure was made pursuant to section 3(a) and an attestation was made with respect to paragraph (1) or (3) of such section. (3) Methods The Secretary shall ensure that the program established under paragraph (1) uses, to the maximum extent practicable, best-in-breed testing and detection methods used by commercial industry, including— (A) penetration testing; (B) red teaming; and (C) inventory auditing. (b) Remediation (1) Designation Whenever informed of a vulnerability in a system under the program established under subsection (a)(1), the Secretary shall designate a senior official of the Department to remediate the vulnerability as soon as practicable. (2) Requirements Remediation under paragraph (1) shall include those measures that the designated official determines necessary to lower the risk to acceptable levels, including— (A) adding hardware or software to isolate and contain any malicious printed circuit board; (B) destruction, deactivation, or replacement of the system containing the vulnerability; or (C) physical modification of the system containing the vulnerability through the insertion of a trusted printed circuit board or other hardware that does not contain known vulnerabilities. (3) Assignment of costs (A) Determination Whenever a vulnerability is found in a system from a contractor through the program established under subsection (a)(1), the Secretary of Defense shall determine whether the contractor should reasonably have discovered the vulnerability prior to delivery of the system to the Department. (B) Payment by contractor If, pursuant to subparagraph (A), the Secretary determines that a contractor should reasonably have discovered the vulnerability prior to delivery to the Department, the Secretary may withhold future payments to the contractor in an amount not to exceed the amount expended by the Department on remediation of the affected system. (C) Presumption (i) In general If the Secretary determines that a vulnerability identified through the program established under subsection (a)(1) is the result of any printed circuit board that the contractor imported from the People’s Republic of China after December 31, 2021, the Secretary shall presume that the contractor reasonably should have discovered the vulnerability prior to delivery to the Department. (ii) Rebuttal allowed The contractor may rebut a presumption under clause (i) with a showing of technical impossibility. (c) Prevention Not later than one year after the date of the enactment of this Act, the Secretary shall promulgate such regulations as the Secretary considers necessary to require contractors selling goods or services to the Department that include printed circuit boards to undertake such due diligence as the Secretary considers appropriate to prevent the occurrence of vulnerabilities in such goods and services, including— (1) certification of the ownership, management, and security of subcontractors; (2) conducting penetration testing, red teaming exercises, and other simulated attacks against the good or service; and (3) compliance with the Cybersecurity Maturity Model Certification, or successor model certification. (d) Annual reports (1) In general Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the activities carried out under this section during the preceding fiscal year. (2) Contents Each report submitted under paragraph (1) shall include, for the period covered by the report, the following: (A) The number of systems tested for vulnerabilities. (B) The number of systems identified as having a vulnerability. (C) The number of systems that the Department has yet to test under this section. (D) The identity of any contractors that have been identified as failing to reasonably discover a vulnerability in a good or service provided to the Department of Defense. (E) Such other information as the Secretary considers appropriate. (e) Congressional defense committees defined In this section, the term congressional defense committees has the meaning given that term in section 101(a) of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1419is/xml/BILLS-117s1419is.xml |
117-s-1420 | II 117th CONGRESS 1st Session S. 1420 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Whitehouse (for himself, Mr. Booker , Mr. Blumenthal , Mr. Carper , and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal governments and other entities, and for other purposes.
1. Short title This Act may be cited as the Safeguarding America's Future and Environment Act or the SAFE Act . 2. Findings, purposes, and policy (a) Findings Congress finds that— (1) healthy, diverse, and productive communities of fish, wildlife, and plants provide significant benefits to the people and economy of the United States, including— (A) abundant clean water supplies; (B) flood and coastal storm protection; (C) clean air; (D) a source of food, fiber, medicines, and pollination of the crops and other plants of the United States; (E) outdoor recreation, which is a source of jobs and economic stimulus; (F) hunting and fishing opportunities and support for subsistence communities; (G) opportunities for scientific research and education; (H) world-class tourism destinations that support local economies; and (I) sequestration and storage of carbon to help mitigate changes to the global climate system; (2) the United States Geological Survey, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and other agencies within the United States Global Change Research Program have observed that the fish, wildlife, and plants of the United States are facing increasing risks from changing patterns of extreme weather and climate, including— (A) severe droughts and heatwaves; (B) severe storms and floods; (C) frequent and severe wildfires; (D) more frequent and severe outbreaks of forest pests and invasive species; (E) flooding and erosion of coastal areas due to rising sea levels; (F) melting glaciers and sea ice; (G) thawing permafrost; (H) shifting distributions of fish, wildlife, and plant populations; (I) disruptive shifts in the timing of fish, wildlife, and plant natural history cycles, such as blooming, breeding, and seasonal migrations; (J) increasing ocean temperatures and acidification; (K) altered patterns of rain, snow, runoff, and streamflow; and (L) habitat loss, degradation, fragmentation, and movement; and (3) the Federal Government should provide leadership in preparing for and responding to the effects described in paragraph (2) to ensure that present and future generations continue to receive the benefits of the abundant and diverse fish, wildlife, and plant resources of the United States. (b) Purposes The purpose of this Act is to establish an integrated national approach— (1) to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States; and (2) to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal governments and other entities. (c) National fish, wildlife, and plants climate change adaptation policy It is the policy of the Federal Government, in cooperation with State and local governments, Indian Tribes, and other interested stakeholders, to evaluate and reduce the increased risks and vulnerabilities associated with climate change and extreme weather events, and to use all practicable means to protect, manage, and conserve healthy, diverse, and productive fish, wildlife, and plant populations. 3. Definitions In this Act: (1) Adaptation The term adaptation means— (A) the process of adjustment to actual or expected climate and the effects of climate change; and (B) with respect to fish, wildlife, and plants, protection, management, and conservation efforts designed to maintain or enhance the ability of fish, wildlife, and plants to withstand, adjust to, or recover from the effects of extreme weather and climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (2) Center The term Center means the National Climate Change and Wildlife Science Center established under section 6(a)(1). (3) Committee The term Committee means the Advisory Committee on Climate Change and Natural Resource Sciences established under section 6(b)(1). (4) Ecological processes The term ecological processes means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including— (A) decomposition; (B) disease epizootiology; (C) disturbance regimes, such as fire and flooding; (D) gene flow; (E) hydrological cycling; (F) larval dispersal and settlement; (G) nutrient cycling; (H) pollination; (I) predator-prey relationships; and (J) soil formation. (5) Habitat The term habitat means the physical, chemical, and biological properties that fish, wildlife, or plants use for growth, reproduction, survival, food, water, or cover (whether on land, in water, or in an area or region). (6) Habitat connectivity The term habitat connectivity means areas that facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement that is necessary— (A) for migration, gene flow, or dispersal; or (B) to respond to the ongoing and expected effects of climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (7) 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 ). (8) National Strategy The term National Strategy means the National Fish, Wildlife, and Plants Climate Adaptation Strategy released March 26, 2013. (9) Resilience; resilient The terms resilience and resilient mean the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions. (10) State The term State means— (A) a State of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands. (11) Working Group The term Working Group means the National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group established under section 4(a). 4. National fish, wildlife, and plants climate adaptation strategy joint implementation working group (a) Establishment Not later than 90 days after the date of enactment of this Act, the President shall establish a National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group composed of the heads of Federal and State agencies or departments with jurisdiction over fish, wildlife, and plant resources of the United States, and Tribal representatives, as follows: (1) The Administrator of the Environmental Protection Agency. (2) The Administrator of the Federal Emergency Management Agency. (3) The Administrator of the National Oceanic and Atmospheric Administration. (4) The Chair of the Council on Environmental Quality. (5) The Chief of Engineers. (6) The Chief of the Forest Service. (7) The Commissioner of Reclamation. (8) The Director of the Bureau of Indian Affairs. (9) The Director of the Bureau of Land Management. (10) The Director of the National Park Service. (11) The Director of the United States Fish and Wildlife Service. (12) The Director of the United States Geological Survey. (13) The Secretary of Agriculture. (14) The Secretary of Defense. (15) State representatives from each regional association of State fish and wildlife agencies. (16) Not less than 2 Tribal representatives. (b) Duties The Working Group shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the National Strategy. (c) Co-Chairs There shall be 4 co-chairs, of whom— (1) 2 shall be representatives of the Federal Government; (2) 1 shall be a representative of a State; and (3) 1 shall be a Tribal representative. 5. National fish, wildlife, and plants climate adaptation strategy (a) In general The Working Group shall adopt the National Strategy to protect, manage, and conserve fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand the ongoing and expected effects of extreme weather and climate change. (b) Review and revision Not later than 1 year after each release of the assessment required under section 106 of the Global Change Research Act of 1990 ( 15 U.S.C. 2936 ), the Working Group shall— (1) use sound science to review and revise the National Strategy to incorporate— (A) new information regarding the ongoing and expected effects of climate change on fish, wildlife, and plants; and (B) advances in the development of fish, wildlife, and plant adaptation strategies; and (2) in carrying out paragraph (1), provide public notice and opportunity for comment. (c) Contents A revised National Strategy shall— (1) assess the vulnerability of fish, wildlife, and plants to climate change, including short-term, medium-term, long-term, and cumulative impacts; (2) describe current, observation, and monitoring activities at the Federal, State, Tribal, and local levels relating to the ongoing and expected effects of climate change on fish, wildlife, and plants; (3) identify and prioritize research and data needs; (4) identify fish, wildlife, and plants likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding effects of extreme weather and climate change; (5) include specific protocols for integrating fish, wildlife, and plant adaptation strategies and activities into the conservation and management of natural resources by Federal agencies to ensure consistency across agency jurisdictions; (6) identify opportunities for maintaining, restoring, or enhancing fish, wildlife, and plants to reduce the risks of extreme weather and climate change on other vulnerable sectors of society; (7) identify Federal policies and actions that may reduce resilience and increase the vulnerability of fish, wildlife, and plants to extreme weather and climate change; (8) include specific actions that Federal agencies shall take to protect, conserve, and manage fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand, adjust to, or recover from the ongoing and expected effects of climate change, including a timeline to implement those actions; (9) include specific mechanisms for ensuring communication and coordination— (A) among Federal agencies; and (B) between Federal agencies and State agencies, territories of the United States, Indian Tribes, private landowners, conservation organizations, and other countries that share jurisdiction over fish, wildlife, and plants with the United States; (10) include specific actions to develop and implement coordinated fish, wildlife, and plants inventory and monitoring protocols through interagency coordination and collaboration with States and local governments, Indian Tribes, and private organizations; and (11) include procedures for guiding the development of detailed strategy implementation plans required under section 7. (d) Implementation (1) In general Consistent with other laws and Federal trust responsibilities concerning Indian land or rights of Indians under treaties with the United States, each Federal agency shall integrate the elements of the National Strategy that relate to conservation, management, and protection of fish, wildlife, and plants into agency plans, environmental reviews, and programs. (2) Public report The Working Group shall, on a biannual basis, between revisions to the National Strategy, make available to the public a report documenting any actions implementing the Strategy. (3) Coordination The Working Group shall coordinate the implementation of the National Strategy with Federal agencies not represented on the Working Group to achieve the policy of the United States described in section 2(c). 6. Fish, wildlife, and plants adaptation science and information (a) National climate change and wildlife science center (1) Authorization The Secretary of the Interior, in collaboration with the States, Indian Tribes, and other partner organizations, shall establish a National Climate Change and Wildlife Science Center. (2) Duties of Center The Center shall assess and develop scientific information, tools, strategies, and techniques to support the Working Group, Federal and State agencies, Indian Tribes, regionally based science and conservation centers, regional coordinating entities, and other interested parties in addressing the effects of extreme weather and climate change on fish, wildlife, and plants. (3) General authority to enter into contracts, grants, and cooperative agreements The Secretary may enter into contracts, grants, or cooperative agreements with State agencies, State cooperative extension services, institutions of higher education, other research or educational institutions and organizations, Tribal organizations, Federal and private agencies and organizations, individuals, and any other contractor or recipient, to further the duties under paragraph (2) without regard to— (A) any requirements for competition; (B) section 6101 of title 41, United States Code; or (C) subsections (a) and (b) of section 3324 of title 31, United States Code. (b) Advisory committee on climate change and natural resource sciences (1) In general Not later than 180 days after the date of enactment of this Act, and pursuant to the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary of the Interior shall establish an Advisory Committee on Climate Change and Natural Resource Sciences. (2) Membership The Committee shall be comprised of 25 members who— (A) represent— (i) Federal agencies; (ii) State, local, and Tribal governments; (iii) nongovernmental organizations; (iv) academic institutions; and (v) the private sector; and (B) have expertise in— (i) biology (including fish, wildlife, plant, aquatic, coastal, and marine biology); (ii) ecology; (iii) climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire); and (iv) other relevant scientific disciplines. (3) Chair The Secretary of the Interior shall appoint a Committee Chair from among the members of the Committee. (4) Duties The Committee shall— (A) advise the Working Group on the state of the science regarding— (i) the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants; and (ii) scientific strategies and mechanisms for fish, wildlife, and plant adaptation; (B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A) to inform the research priorities of the Center described in subsection (a) and other Federal climate science institutions; and (C) review and comment on each revised National Strategy before that National Strategy is finalized. (5) Collaboration The Committee shall collaborate with climate change and fish, wildlife, and plant research entities in other Federal agencies and departments. (6) Availability to public The advice and recommendations of the Committee shall be made available to the public. 7. Strategy implementation plan (a) Development Not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, the Working Group shall— (1) complete a strategy implementation plan; (2) provide opportunities for public review and comment on the plan; and (3) submit the plan to the President for approval. (b) Requirements The strategy implementation plan shall— (1) identify and prioritize specific conservation and management strategies and actions that address the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants, including— (A) protection, management, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems; (B) establishment of terrestrial, marine, estuarine, and freshwater habitat connectivity corridors; (C) restoration and conservation of ecological processes; (D) protection of a broad diversity of species of fish, wildlife, and plant populations; and (E) protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; (2) establish methods— (A) to assess the effectiveness of strategies and conservation actions implemented by the agencies to protect, manage, and conserve fish, wildlife, and plants; and (B) to update those strategies and actions to respond to new information and changing conditions; (3) describe current and proposed mechanisms to enhance cooperation and coordination of fish, wildlife, and plant adaptation efforts with other Federal agencies, State and local governments, Indian Tribes, and nongovernmental stakeholders; (4) include written guidance to resource managers; and (5) identify and assess data and information gaps necessary to develop fish, wildlife, and plant adaptation plans and strategies. (c) Implementation (1) In general On approval by the President, each Federal agency shall, consistent with existing authority, implement the strategy implementation plan under subsection (a)(1) through existing and new plans, policies, programs, activities, and actions. (2) Consideration of effects To the maximum extent practicable and consistent with existing authority, fish, wildlife, and plant conservation and management decisions made by each Federal agency shall consider and promote resilience to the ongoing and expected effects of extreme weather and climate change. (d) Revision and review Not later than 1 year after the National Strategy is revised under section 5(b), the Working Group shall review and revise the strategy implementation plan under subsection (a)(1) to incorporate the best available science, including advice and information pursuant to section 6 and other information, regarding the ongoing and expected effects of climate change on fish, wildlife, and plants. 8. State fish, wildlife, and plants adaptation plans (a) Requirement To be eligible to receive funds pursuant to subsection (d), not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, each State shall prepare and submit to the Secretary of the Interior and the Secretary of Commerce, a State fish, wildlife, and plant adaptation plan detailing current and future efforts of the State to address the ongoing and expected effects of climate change on fish, wildlife, and plants and coastal areas within the jurisdiction of the State. (b) Review or approval The Secretary of the Interior and the Secretary of Commerce shall— (1) review each State adaptation plan; and (2) approve a State adaptation plan if the plan— (A) meets the requirements of subsection (c); and (B) is consistent with the National Strategy. (c) Contents A State adaptation plan shall— (1) meet the requirements described in section 7(b), except that the requirements of that section relating to marine habitats or ecosystems shall not apply to a State in which those habitats or ecosystems do not exist; (2) include the adaptation provisions of any State comprehensive wildlife conservation strategy (or State wildlife action plan) that has been— (A) submitted to the Director of the United States Fish and Wildlife Service; and (B) approved, or is pending approval, by the Director of the United States Fish and Wildlife Service; (3) include the adaptation provisions of a statewide assessment and strategy for forest resources required under section 2A of the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101a ) that has been— (A) submitted to the Secretary of Agriculture; and (B) approved, or is pending approval, by the Secretary of Agriculture; and (4) in the case of a State with coastal areas, include the adaptation provisions of a Coastal Zone Management Plan or a Coastal and Estuarine Land Conservation Program Plan that has been— (A) submitted to the Administrator of the National Oceanic and Atmospheric Administration; and (B) approved, or is pending approval, by the Administrator of the National Oceanic and Atmospheric Administration. (d) Distribution of funds to States Any funds made available pursuant to this Act shall be— (1) used to carry out activities in accordance with adaptation plans approved under this section; and (2) made available through— (A) the State and Tribal wildlife grant program under title I of division F of the Consolidated Appropriations Act, 2008 ( Public Law 110–161 ; 121 Stat. 2103); and (B) (i) the grant program under section 306 of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 ); (ii) the Coastal and Estuarine Land Conservation Program established under title II of the Department of Commerce and Related Agencies Appropriations Act, 2002 ( 16 U.S.C. 1456d ); and (iii) programs established under the Cooperative Forestry Assistance Act of 1978 ( 16 U.S.C. 2101 et seq.). (e) Public input In developing an adaptation plan, a State shall solicit and consider input from the public and independent scientists. (f) Coordination with other plans A State adaptation plan shall, where appropriate, integrate the goals and measures set forth in other climate adaptation, hazard mitigation, and fish, wildlife, and plant conservation strategies and plans. (g) Updates Each State adaptation plan shall be updated at least every 4 years. 9. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary. | https://www.govinfo.gov/content/pkg/BILLS-117s1420is/xml/BILLS-117s1420is.xml |
117-s-1421 | II 117th CONGRESS 1st Session S. 1421 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Booker (for himself and Mr. Cornyn ) 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 establish the Food and Nutrition Education in Schools Pilot Program, and for other purposes.
1. Short title This Act may be cited as the Food and Nutrition Education in Schools Act of 2021 . 2. Food and Nutrition Education in Schools Pilot Program Section 18 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1769 ) is amended by adding at the end the following: (l) Food and Nutrition Education in Schools Pilot Program (1) Purpose The purpose of this subsection is to provide local educational agencies with personnel dedicated to implementing integrated, hands-on food and nutrition education in schools with the goal of increasing acceptance and consumption of healthy, high-quality meals and snacks by students. (2) Establishment Not later than 180 days after the date of enactment of this subsection, the Secretary shall establish a pilot program, to be known as the Food and Nutrition Education in Schools Pilot Program (referred to in this subsection as the pilot program ), under which the Secretary shall award grants to local educational agencies for— (A) projects that hire qualified, full-time food and nutrition educators to carry out programs in schools that have the goal of improving student health and nutrition; and (B) projects that fund school gardens or other evidence-based interventions relating to student health and nutrition, aligned with the latest school nutrition standards, to create hands-on learning opportunities for students. (3) Joint partnerships The Secretary shall encourage, to the maximum extent practicable, joint partnership projects under the pilot program among— (A) local educational agencies; (B) nonprofit organizations, including out-of-school-time youth development providers; (C) postsecondary institutions that offer programs on nutrition, food preparation, or agricultural science; (D) food-service businesses (such as local farms, restaurants, and food distributors); (E) beginning farmers and ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) )); (F) veteran farmers and ranchers (as defined in that section); (G) socially disadvantaged farmers or ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2003(e) )); and (H) State and local government agencies. (4) Coordination In establishing the pilot program, the Secretary shall consult and ensure coordination with the heads of other appropriate Federal agencies and programs that deliver nutrition education. (5) Project proposals (A) In general The Secretary shall annually solicit from local educational agencies the submission of project proposals for grants under the pilot program. (B) Required elements for project proposal A project proposal submitted under subparagraph (A) shall include— (i) a statement of the purposes of the project; (ii) a description of— (I) the entity or individual with overall responsibility for the project; (II) the qualifications of that entity or individual; (III) community stakeholder engagement for the project; (IV) the logistics of the project; and (V) the methods to be used to evaluate student learning, such as through a project, presentation, or other form of assessment; (iii) a proposed budget for the funds and time required to carry out the project; (iv) information regarding the source and amount of any matching funding available for the project; (v) an implementation plan, including efforts by the school food authority associated with the local educational agency to integrate activities carried out under the project with other efforts by schools to promote student health and nutrition; (vi) information that demonstrates the clear potential of the project to contribute to implementing integrated, hands-on food and nutrition education in schools, aligned with the latest school nutrition standards, with the goal of increasing acceptance and consumption of healthy, high-quality meals and snacks; (vii) a description of a mechanism that will be used to broadly share project results and implementation strategies; and (viii) any other information that the Secretary considers necessary. (C) Criteria for approval The Secretary may award a grant for a project proposal submitted under subparagraph (A) if the project— (i) incorporates evidence-based practices proven to increase healthy food consumption by students; (ii) includes hands-on, experiential learning; (iii) implements school gardens, taste tests, student engagement, or other farm-to-school practices; (iv) demonstrates the commitment of the local educational agency— (I) to improving the nutritional value of school meals; (II) to carrying out innovative programs that improve the health and wellness of schoolchildren, such as farm-to-school programs; and (III) to accounting for the culture, input, and needs of the community; (v) provides for project oversight by a qualified nutrition professional; and (vi) meets any other requirement established by the Secretary. (D) Priority To the maximum extent practicable, in awarding grants under the pilot program, the Secretary shall give priority to projects that— (i) serve schools or districts— (I) in which not less than 40 percent of students qualify for free or reduced-price meals under this Act or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq.); or (II) that include neighborhoods with high rates of childhood obesity or other diet-related diseases; (ii) provide programming in summer months; and (iii) are joint partnership projects as described in paragraph (3). (6) Administration (A) Diversity In awarding grants under the pilot program, the Secretary shall ensure that projects are located in diverse demographic, geographic, rural, urban, and suburban settings. (B) Indian tribes The Secretary shall ensure that not fewer than 1 project receiving a grant under the pilot program— (i) is located on an Indian reservation; or (ii) serves a school in which the majority of the students are members of an Indian tribe. (7) Reports (A) Reports to Secretary (i) In general A local educational agency that receives a grant under the pilot program shall periodically submit to the Secretary a report that includes any information that the Secretary determines is necessary to evaluate the progress and success of the project, including evidence of student learning under the project, to ensure positive results, assess problems, and foster improvements. (ii) Availability to the public Reports under clause (i), and any other documents of the local educational agency relating to a project carried out using a grant awarded under the pilot program, shall be made available electronically to the public in a timely manner. (B) Reports to Congress Not later than 5 years after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to Congress a report that includes— (i) a description of the results and effectiveness of each project carried out under the pilot program; (ii) an examination of the impact of each project on— (I) student diet and dietary practices; (II) student performance and behavior; (III) food consumption; (IV) changes in cafeterias and the school food environment; (V) school meal participation by students; and (VI) other indicators as determined by the Secretary; (iii) demographic data on the schools and communities served by the pilot program; (iv) a summary of the activities conducted by each local educational agency after receiving a grant under the pilot program and the number of children served by that local educational agency; and (v) recommendations on how the pilot program may be improved and whether funding for the pilot program should be continued. (8) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this subsection $10,000,000 for each of fiscal years 2021 through 2025. . | https://www.govinfo.gov/content/pkg/BILLS-117s1421is/xml/BILLS-117s1421is.xml |
117-s-1422 | II 117th CONGRESS 1st Session S. 1422 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Warner (for himself, Ms. Stabenow , and Mr. Casey ) 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 for employer-provided worker training.
1. Short title This Act may be cited as the Investing in American Workers Act . 2. Employer-provided worker training credit (a) In general (1) Determination of credit 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. Employer-provided worker training credit (a) In general For purposes of section 38, the employer-provided worker training credit under this section for the taxable year is an amount equal to 20 percent of the excess (if any) of— (1) the qualified training expenditures for the taxable year, over (2) the average of the adjusted qualified training expenditures for the 3 taxable years preceding the taxable year for which the credit is being determined. (b) Qualified training expenditures For purposes of this section— (1) In general The term qualified training expenditures means any expenditures for the qualified training of any non-highly compensated employee. Such term shall not include any amounts paid for meals, lodging, transportation, or other services incidental to such qualified training. (2) Qualified training (A) In general For purposes of paragraph (1), the term qualified training means training which results in the attainment of a recognized postsecondary credential and which is provided through— (i) an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.); (ii) (I) a program of training services which is listed under section 122(d) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3152(d) ),or (II) an apprenticeship program which is registered or approved by a recognized State apprenticeship agency (which uses a State apprenticeship council) in accordance with section 1 of the Act referred to in clause (i), (iii) a program which is conducted by an area career and technical education school, a community college, or a labor organization, or (iv) a program which is sponsored and administered by an employer, industry trade association, industry or sector partnership, or labor organization. (B) Related definitions In subparagraph (A): (i) Area career and technical education school The term area career and technical education school means such a school, as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302 ), which participates in a program under that Act ( 20 U.S.C. 2301 et seq.). (ii) Community college The term community college means an institution which— (I) is a junior or community college as defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ), except that the institution need not meet the requirements of paragraph (1) of that section, and (II) participates in a program under title IV of that Act ( 20 U.S.C. 1070 et seq.). (iii) Industry or sector partnership The term industry or sector partnership has the meaning given such term under section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (iv) Industry trade association The term industry trade association means an organization which— (I) is described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code, and (II) is representing an industry. (v) Labor organization The term labor organization means a labor organization, within the meaning of the term in section 501(c)(5) of the Internal Revenue Code of 1986. (vi) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate or baccalaureate degree. (3) Non-highly compensated employee For purposes of paragraph (1), the term non-highly compensated employee means an employee of the taxpayer whose remuneration for the taxable year for services provided to the taxpayer does not exceed $82,000. (c) Adjusted qualified training expenditures For purposes of this section, the term adjusted qualified training expenses means, with respect to any taxable year— (1) the qualified training expenditures for such taxable year, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year for which the credit is being determined begins, except that section 1(f)(3)(A)(ii) shall be applied by using the CPI for the calendar year in which the taxable year in which qualified training expenses were paid or incurred begins in lieu of the CPI for calendar year 2016. (d) Special rules For purposes of this section— (1) Special rule in case of no qualified training expenditures in any of 3 preceding taxable years (A) Taxpayers to which paragraph applies The credit under this section shall be determined under this paragraph if the taxpayer has no qualified training expenditures in any one of the 3 taxable years preceding the taxable year for which the credit is being determined. (B) Credit rate The credit determined under this paragraph shall be equal to 10 percent of the qualified training expenditures for the taxable year. (2) Aggregation and allocation of expenditures, etc Rules similar to the rules of paragraphs (1), (2), (3), (4), and (5) of section 41(f) shall apply. (e) Election To apply credit against payroll taxes (1) In general At the election of a qualified small business or a qualified tax-exempt organization (as defined in section 3111(e)(5)(A)) for any taxable year, 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 qualified small business or qualified tax-exempt organization 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 qualified small business other than a partnership or S corporation, 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) Qualified small business For purposes of this subsection— (A) In general The term qualified small business means, with respect to any taxable year— (i) a corporation or partnership if the gross receipts (as determined under the rules of section 448(c)(3), without regard to subparagraph (A) thereof) of such entity for the taxable year is less than $5,000,000, and (ii) any person (other than a corporation or partnership) who meets the requirements of clause (i), determined— (I) by substituting person for entity , and (II) by only taking into account the aggregate gross receipts received by such person in carrying on all trades or businesses of such person. (B) Limitation Such term shall not include an organization which is exempt from taxation under section 501. (4) 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— (I) in the case of a partnership, the return required to be filed under section 6031, (II) in the case of an S corporation, the return required to be filed under section 6037, and (III) in the case of any other qualified small business or qualified tax-exempt organization, the return of tax for the taxable year, and (iii) may be revoked only with the consent of the Secretary. (B) Limitation The amount specified in any election made under this subsection shall not exceed $250,000. (C) Special rule for partnerships and s corporations In the case of a partnership or S corporation, the election made under this subsection shall be made at the entity level. (5) Aggregation rules (A) In general Except as provided in subparagraph (B)— (i) all members of the same controlled group of corporations shall be treated as a single taxpayer, and (ii) all trades or businesses (whether or not incorporated) which are under common control shall be treated as a single taxpayer. (B) Special rules For purposes of this subsection and section 3111(g)— (i) each of the persons treated as a single taxpayer under subparagraph (A) may separately make the election under paragraph (1) for any taxable year, and (ii) the $250,000 amount under paragraph (3)(B) shall be allocated among all persons treated as a single taxpayer under subparagraph (A) in the manner provided by the Secretary which is similar to the manner provided under section 41(f)(1). (6) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including— (A) regulations to prevent the avoidance of the purposes of the limitations and aggregation rules under this subsection, (B) regulations to minimize compliance and recordkeeping burdens under this subsection, (C) regulations 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, and (D) regulations to require the collection and reporting of demographic information with respect to the race, ethnicity, and gender of the individuals with respect to whom a taxpayer makes qualified training expenditures for which a credit is allowed under this section. . (2) Credit 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 employer-provided worker training credit determined under section 45U(a). . (3) Coordination with deductions Section 280C of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Employer-Provided worker training credit No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction taken into account in determining the credit under section 45U for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45U(a). . (4) 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. Employer-provided worker training credit. . (b) Credit allowed against alternative minimum tax Subparagraph (B) of section 38(c)(4) of the Internal Revenue Code of 1986 is amended— (1) by redesignating clauses (x), (xi), and (xii) as clauses (xi), (xii), and (xiii), respectively, and (2) by inserting after clause (ix) the following new clause: (x) the credit determined under section 45U with respect to an eligible small business (as defined in paragraph (5)(C), after application of rules similar to the rules of paragraph (5)(D)), . (c) 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 worker training expenses (1) In general In the case of a taxpayer who has made an election under section 45U(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 specified in section 45U(e)(4)(A)(ii) an amount equal to the payroll tax credit portion determined under section 45U(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 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). . (d) Simplified filing for certain small businesses The Secretary of the Treasury, in consultation with the Administrator of the Small Business Administration, shall provide for a method of filing returns of tax and information returns required under the Internal Revenue Code of 1986 in a simplified format, to the extent possible, for employers with less than $5,000,000 in annual gross receipts (as determined under guidance provided by the Secretary). (e) Regulations relating to postsecondary credentials Not later than 1 year after the date of the enactment of this Act, the Secretary of Labor, in consultation with the Secretary of the Treasury, shall issue regulations or other guidance applying the definition of the term recognized postsecondary credential as provided in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (f) 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-117s1422is/xml/BILLS-117s1422is.xml |
117-s-1423 | II 117th CONGRESS 1st Session S. 1423 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Durbin (for himself, Mr. Markey , Mr. Blumenthal , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Children’s Online Privacy Protection Act of 1998 to give Americans the option to delete personal information collected by internet operators as a result of the person’s internet activity prior to age 13.
1. Short title This Act may be cited as the Clean Slate for Kids Online Act of 2021 . 2. Enhancing the Children’s Online Privacy Protection Act of 1998 (a) Definitions Section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 ) is amended by adding at the end the following: (13) Delete The term delete means to remove personal information such that the information is not maintained in retrievable form and cannot be retrieved in the normal course of business. . (b) Regulation of unfair and deceptive acts and practices in connection with the collection and use of personal information from and about children on the internet Section 1303 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6502 ) is amended— (1) in subsection (a), by adding at the end the following: (3) Failure to delete It is unlawful for an operator of a website or online service directed to children, or any operator that has actual knowledge that it is collecting personal information from a child, to fail to delete personal information collected from or about a child if a request for deletion is made pursuant to regulations prescribed under subsection (e). ; and (2) by adding at the end the following: (e) Right of an individual To delete personal information collected when the person was a child (1) In general Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require the operator of any website or online service directed to children, or any operator that has actual knowledge that it has collected personal information from a child or maintains such personal information— (A) to provide notice in a prominent place on the website of how an individual over the age of 13, or a legal guardian of an individual over the age of 13 acting with the knowledge and consent of the individual, can request that the operator delete all personal information in the possession of the operator that was collected from or about the individual when the individual was a child notwithstanding any parental consent that may have been provided when the individual was a child; (B) to promptly delete all personal information in the possession of the operator that was collected from or about an individual when the individual was a child when such deletion is requested by an individual over the age of 13 or by the legal guardian of such individual acting with the knowledge and consent of the individual, notwithstanding any parental consent that may have been provided when the individual was a child; (C) to provide written confirmation of deletion, after the deletion has occurred, to an individual or legal guardian of such individual who has requested such deletion pursuant to this subsection; and (D) to except from deletion personal information collected from or about a child— (i) only to the extent that the personal information is necessary— (I) to respond to judicial process; or (II) to the extent permitted under any other provision of law, to provide information to law enforcement agencies or for an investigation on a matter related to public safety; and (ii) if the operator retain such excepted personal information for only as long as reasonably necessary to fulfill the purpose for which the information has been excepted and that the excepted information not be used, disseminated or maintained in a form retrievable to anyone except for the purposes specified in this subparagraph. . (c) Safe harbors Section 1304 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6503 ) is amended— (1) in subsection (a), by striking section 1303(b) and inserting subsections (b) and (e) of section 1303 ; and (2) in subsection (b)(1), by striking subsection (b) and inserting subsections (b) and (e) . (d) Actions by States Section 1305(a)(1) of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6504(a)(1) ) is amended by striking 1303(b) and inserting subsection (b) or (e) of section 1303 . | https://www.govinfo.gov/content/pkg/BILLS-117s1423is/xml/BILLS-117s1423is.xml |
117-s-1424 | II 117th CONGRESS 1st Session S. 1424 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Thune (for himself and Mr. Carper ) 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 permit high deductible health plans to provide chronic disease prevention services to plan enrollees prior to satisfying their plan deductible.
1. Short title This Act may be cited as the Chronic Disease Management Act of 2021 . 2. Chronic disease prevention (a) In general Section 223(c)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (F) Preventive care services and items for chronic conditions For purposes of subparagraph (C)— (i) preventive care shall include any service or item used to treat an individual with a chronic condition if— (I) such service or item is low-cost, (II) in regards to such service or item, there is medical evidence supporting high cost efficiency of preventing exacerbation of the chronic condition or the development of a secondary condition, and (III) there is a strong likelihood, documented by clinical evidence, that with respect to the class of individuals utilizing such service or item, the specific service or use of the item will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher cost treatments, and (ii) an individual who has been prescribed preventive care for any chronic condition may be presumed to have been diagnosed with such condition if such preventive care is customarily prescribed for such condition. . (b) Effective date The amendment made by this section shall apply to coverage for months beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1424is/xml/BILLS-117s1424is.xml |
117-s-1425 | II 117th CONGRESS 1st Session S. 1425 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Klobuchar (for herself, Mr. Grassley , Mr. Blumenthal , Ms. Ernst , and Mr. Leahy ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To enable the Federal Trade Commission to deter filing of sham citizen petitions to cover an attempt to interfere with approval of a competing generic drug or biosimilar, to foster competition, and facilitate the efficient review of petitions filed in good faith to raise legitimate public health concerns, and for other purposes.
1. Short title This Act may be cited as the Stop Significant and Time-wasting Abuse Limiting Legitimate Innovation of New Generics Act or the Stop STALLING Act . 2. Federal Trade Commission enforcement against sham petitions (a) Definitions In this section: (1) Commission The term Commission means the Federal Trade Commission. (2) Covered application The term covered application means an application filed pursuant to subsection (b)(2) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Covered petition The term covered petition means a petition, or a supplement to a petition, filed under section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) ). (4) Person The term person — (A) means an individual or entity; and (B) includes— (i) a successor and an assign of an entity; (ii) a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity, and (iii) a successor and an assign of a joint venture, subsidiary, partnership, division, group, and affiliate controlled by an entity. (5) Series of covered petitions The term series of covered petitions means any group of more than 1 covered petition relating to the same covered application. (6) Sham The term sham means a covered petition that is objectively baseless and that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor, or a series of covered petitions that attempts to use a governmental process, as opposed to the outcome of that process, to interfere with the business of a competitor. (b) Violation A person submitting or causing the submission of a covered petition or a series of covered petitions that is a sham shall be liable for engaging in an unfair method of competition under section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ). (c) Civil action (1) In general If the Commission has reason to believe that the submission of a covered petition or a series of covered petitions constitutes a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ), the Commission may commence a civil action to recover a civil penalty and seek other appropriate relief in a district court of the United States against any person that submitted or caused to be submitted such covered petition or such series of covered petitions, including successors or assigns. (2) Presumption In a civil action under paragraph (1), a covered petition shall be presumed to be part of a series of covered petitions that is a sham under subsection (b) of this section if— (A) the Secretary of Health and Human Services— (i) has determined that the covered petition was submitted with the primary purpose of delaying the approval of a covered application; and (ii) has referred such determination to the Federal Trade Commission in writing, including a reasoned basis for the determination; and (B) the covered petition was part of a series of covered petitions. (3) Exception The presumption in paragraph (2) shall not apply if the defendant establishes, by a preponderance of the evidence, that the series of covered petitions that includes the covered petition referred to the Commission by the Secretary of Health and Human Services is not a sham. (4) Civil penalty In an action under paragraph (1), any person that has been found liable for a violation of section 5(a)(1) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(1) ) shall be subject to a civil penalty for each violation of not more than the greater of— (A) any revenue earned from the sale by such person of any drug product, referenced in a covered application that was the subject of a covered petition or a series of covered petitions that is a sham, during the period in which the covered petition or series of covered petitions was under review by the Secretary of Health and Human Services; or (B) $50,000 for each calendar day that each covered petition that is a sham or that was part of a series of covered petitions that is a sham was under review by the Secretary of Health and Human Services. (5) Antitrust laws Nothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws, as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that it applies to unfair methods of competition. (6) Rule of construction The civil penalty provided in this subsection is in addition to, and not in lieu of, any other remedies provided by Federal law, including under section 16 of the Clayton Act ( 15 U.S.C. 26 ) or under section 13(b) of the Federal Trade Commission Act ( 15 U.S.C. 53(b) ). Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (d) Applicability This section shall apply to any covered petition submitted on or after the date of enactment of this Act. 3. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such Act to any person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s1425is/xml/BILLS-117s1425is.xml |
117-s-1426 | II 117th CONGRESS 1st Session S. 1426 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Hawley 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 establish a refundable tax credit for parents.
1. Short title This Act may be cited as the Parent Tax Credit Act . 2. Establishment of Parent Tax Credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Parent Tax Credit (a) In general In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to $6,000 ($12,000 in the case of a joint return). (b) Limitation based on earned income (1) In general No credit shall be allowed under this section to any taxpayer for any taxable year in which the earned income (as defined in section 32(c)(2)) of such taxpayer during such taxable year is not equal to or greater than the minimum income level. (2) Minimum income level For purposes of this subsection, the minimum income level shall be an amount equal to the product of— (A) the minimum wage rate in effect under section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ), multiplied by (B) 1040 hours. (c) Eligible individual The term eligible individual means any individual— (1) who, for the taxable year, has a qualifying child (as defined in section 152(c)) who has not attained age 13 as of the close of such taxable year, and (2) other than— (A) any nonresident alien individual, (B) any alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) who is unlawfully present in the United States (within the meaning of that Act), and (C) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins. (d) Identification number requirement (1) In general No credit shall be allowed under subsection (a) to an eligible individual who does not include on the return of tax for the taxable year— (A) such individual's valid identification number, (B) in the case of a joint return, the valid identification number of such individual's spouse, and (C) in the case of a qualifying child described in subsection (c)(1), the valid identification number of such qualifying child. (2) Valid identification number (A) In general For purposes of paragraph (1), the term valid identification number means a social security number (as such term is defined in section 24(h)(7)). (B) Adoption taxpayer identification number For purposes of paragraph (1)(C), in the case of a qualifying child who is adopted or placed for adoption, the term valid identification number shall include the adoption taxpayer identification number of such child. (3) Special rule for members of the Armed Forces Paragraph (1)(B) shall not apply in the case where at least 1 spouse was a member of the Armed Forces of the United States at any time during the taxable year and at least 1 spouse satisfies paragraph (1)(A). (4) Mathematical or clerical error authority Any omission of a correct valid identification number required under this subsection shall be treated as a mathematical or clerical error for purposes of applying section 6213(g)(2) to such omission. (e) Taxable year must be full taxable year Except in the case of a taxable year closed by reason of the death of the taxpayer, no credit shall be allowable under this section in the case of a taxable year covering a period of less than 12 months. (f) Restrictions on taxpayer who improperly claimed credit in prior year Rules similar to the rules under section 24(g) shall apply for purposes of this section. (g) Adjustment for inflation (1) In general In the case of any taxable year beginning after 2022, each dollar amount in subsection (a) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2021 for 2016 in subparagraph (A)(ii) thereof. (2) Rounding If any increase under paragraph (1) is not a multiple of $100, such increase shall be rounded to the next lowest multiple of $100. . (b) Advance payment of credit (1) In general Chapter 77 of the Internal Revenue Code of 1986, as amended by section 9611(b) of the American Rescue Plan Act of 2021 ( Public Law 117–2 ), is amended by inserting after section 7527A the following new section: 7527B. Advance payment of Parent Tax Credit (a) In general As soon as practicable after the date of the enactment of this section, the Secretary shall establish a program for making advance payments of the credit allowed under section 36C (determined without regard to subsection (h) of such section), on a monthly basis, to taxpayers (with the exception of any taxpayer who elects not to receive such payments pursuant to subsection (c)(1)). (b) Limitation With respect to any taxable year, the Secretary may make payments under subsection (a) only to the extent that— (1) the total amount of such payments made to any taxpayer during such taxable year does not exceed the amount estimated by the Secretary as would be allowable under section 36C for such taxable year, as estimated based on— (A) any information provided by the taxpayer under subsection (c)(2), or (B) if no information described in subparagraph (A) has been provided, any information with respect to such taxpayer for the most recent taxable year for which a return has been filed by the taxpayer, and (2) for each monthly payment, such payment does not exceed an amount equal to the quotient of— (A) the amount of the credit estimated under paragraph (1) for such taxable year, divided by (B) 12. (c) On-Line information portal The Secretary shall establish an on-line portal which allows taxpayers to— (1) elect not to receive payments under this section, and (2) provide information to the Secretary which would be relevant to the determination under subsection (b)(1), including information regarding— (A) for purposes of section 36C(c)(1), whether the taxpayer has any qualifying children, including by reason of the birth of a child, (B) a change in the taxpayer's marital status, (C) a significant change in the taxpayer's earned income, and (D) any other factor which the Secretary may provide. (d) Notice of payments Not later than January 31 of the calendar year following any calendar year during which the Secretary makes one or more payments to any taxpayer under this section, the Secretary shall provide such taxpayer with a written notice which includes the taxpayer's taxpayer identity (as defined in section 6103(b)(6)), the aggregate amount of such payments made to such taxpayer during such calendar year, and such other information as the Secretary determines appropriate. (e) Administrative provisions (1) Application of electronic funds payment requirement The payments made by the Secretary under subsection (a) shall be made by electronic funds transfer to the same extent and in the same manner as if such payments were Federal payments not made under this title. (2) Application of certain rules Rules similar to the rules of subparagraphs (B) and (C) of section 6428A(f)(3) shall apply for purposes of this section. . (2) Reconciliation of credit and advance credit Section 36C of such Code, as added by subsection (a), is amended by adding at the end the following: (h) Reconciliation of credit and advance credit (1) In general The amount of the credit allowed under this section for any taxable year shall be reduced (but not below zero) by the aggregate amount of any advance payments of such credit under section 7527B for such taxable year. (2) Failure to satisfy earned income requirement In the case of any taxpayer who received any advance payment under section 7527B for the taxable year and whose earned income for such taxable year was not equal to or greater than the minimum income level (as determined under subsection (b)(2)), for the period of 2 taxable years subsequent to such taxable year— (A) no advance payment may be provided under section 7527B to such taxpayer in either taxable year during such period, and (B) the amount of the credit which would (but for this paragraph) otherwise be allowable to such taxpayer under subsection (a) in either taxable year during such period shall be reduced by one-half of such amount. . (c) Exception from reduction or offset Any credit allowed to any individual under section 36C of the Internal Revenue Code of 1986 (as added by subsection (a)) or any advance payment of such credit under section 7527B of such Code (as added under subsection (b)) shall not be— (1) subject to reduction or offset pursuant to section 3716 or 3720A of title 31, United States Code, (2) subject to reduction or offset pursuant to subsection (d), (e), or (f) of section 6402 of the Internal Revenue Code of 1986, or (3) reduced or offset by other assessed Federal taxes that would otherwise be subject to levy or collection. (d) Conforming amendments (1) Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended— (A) by inserting “36C,” after 36B, , and (B) by striking and 7527A and inserting 7527A, and 7527B . (2) Section 6213(g)(2)(L) of such Code is amended by inserting 36C, after 32, . (3) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended— (A) by inserting 36C, after 36B, , and (B) by striking or 7527A and inserting 7527A, or 7527B . (4) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Parent Tax Credit. . (5) The table of sections for chapter 77 of such Code is amended by inserting after the item relating to section 7527A the following new item: Sec. 7527B. Advance payment of Parent Tax Credit. . (e) Termination of Child and Dependent Care Credit Section 21 of the Internal Revenue Code of 1986 is amended by adding at the end the following: (i) Termination This section shall not apply to any taxable year beginning after December 31, 2021. . (f) 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-117s1426is/xml/BILLS-117s1426is.xml |
117-s-1427 | II 117th CONGRESS 1st Session S. 1427 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Cornyn (for himself and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a demonstration project to increase access to biosimilar biological products under the Medicare program.
1. Short title This Act may be cited as the Increasing Access to Biosimilars Act of 2021 . 2. Demonstration project to increase access to biosimilar biological products under the Medicare program (a) Establishment Beginning not later than 1 year after the date of enactment of this Act, the Secretary shall establish and implement a 5-year nationwide demonstration project under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) to evaluate the benefits of providing a shared savings payment for biosimilar biological products furnished under such part. At the discretion of the Secretary, the demonstration project may be extended for an additional 2 years past the initial 5-year period. (b) Participation (1) In general Participation in the demonstration project shall be voluntary and a participating provider may terminate participation at any time and the Secretary may terminate the participation of such a provider at any time for failure to comply with the requirements of the demonstration project. (2) Application and selection To participate in the demonstration project, an eligible provider shall submit to the Secretary an application in such form and manner and containing such information as specified by the Secretary. Each eligible provider who submits such an application shall be selected by the Secretary for participation under the demonstration project. (3) Participation in innovation center models Participation in the demonstration project shall not preclude an eligible provider from also participating in any model authorized under section 1115A of the Social Security Act ( 42 U.S.C. 1315a ), including the Oncology Care Model and the Oncology Care First Model, or impact metrics or expenditures with respect to an eligible provider under any model authorized under such section. (c) Coverage Except as otherwise provided in this section, payment may be made under the demonstration project for a biosimilar biological product only if such product is covered under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) and such payment shall be made in the same manner as payment is provided for such a product under such part. (d) Additional payment (1) In general Subject to paragraphs (2) and (3), in addition to the amount of payment that would otherwise be made under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) for a biosimilar biological product furnished or dispensed by a participating provider to a Medicare beneficiary under the demonstration project, there shall be made an additional payment, in an amount determined by the Secretary, that reflects a portion of any difference between such amount of payment under such part, as compared to the amount of payment that would have been made under such part if the reference biological product had been furnished or dispensed to the beneficiary. (2) Medicare Beneficiary Coinsurance Liability The additional payment provided under paragraph (1) shall not be taken into account when determining the amount of coinsurance under section 1833(a)(1)(S) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(S) ) for a biosimilar biological product furnished or dispensed to a Medicare beneficiary by a participating provider under the demonstration project. The Secretary may use a portion of the difference described in such paragraph to waive or reduce the amount of coinsurance otherwise applicable under such section for such a biosimilar biological. (3) Exception to Additional Payment A participating provider may only receive the additional payment described in paragraph (1) with respect to a biosimilar biological product furnished or dispensed by the participating provider to a Medicare beneficiary under the demonstration project, if the amount of payment determined under section 1847A of the Social Security Act ( 42 U.S.C. 1395w–3a ) for the biosimilar biologic product is less than the amount of payment determined under such section for the reference biological product. (e) Waiver authority The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act ( 42 U.S.C. 1301 et seq., 1395 et seq.) as may be necessary to carry out the demonstration project. (f) Data collection (1) In general The Secretary shall collect data on the sex, race, ethnicity, and geographic and socioeconomic characteristics of Medicare beneficiaries to whom a biosimilar biological product is furnished or dispensed by a participating provider under the demonstration project. (2) Consideration The Secretary shall take into account data collected under paragraph (1) in evaluating the demonstration project in each of the reports submitted under subsection (g). (g) Reports (1) Interim evaluation and report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that contains an analysis of the appropriateness of expanding or extending the demonstration project and, to the extent such analysis determines such an expansion or extension appropriate, recommendations for such expansion or extension, respectively. (2) Evaluation and report Not later than 1 year after the date of completion of the demonstration project, the Secretary shall submit to Congress a report that contains a final analysis of the project and recommendations described in paragraph (1). (h) Definitions In this section: (1) Biosimilar biological product The term biosimilar biological product has the meaning given that term in section 1847A(c)(6)(H) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(H)). (2) Demonstration project The term demonstration project means the demonstration project conducted under this section. (3) Eligible provider The term eligible provider means a provider of services or supplier that is eligible to receive payment under part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq.) for furnishing or dispensing a biosimilar biological product. (4) Medicare beneficiary The term Medicare beneficiary means an individual who is enrolled for benefits under such part. (5) Participating provider The term participating provider means an eligible provider that has been selected for participation under the project under subsection (b)(2) and with respect to whom such participation has not been terminated. (6) Reference biological product The term reference biological product has the meaning given that term in section 1847A(c)(6)(I) of the Social Security Act (42 U.S.C. 1395w–3a(c)(6)(I)). (7) Secretary The term Secretary means the Secretary of Health and Human Services. | https://www.govinfo.gov/content/pkg/BILLS-117s1427is/xml/BILLS-117s1427is.xml |
117-s-1428 | II 117th CONGRESS 1st Session S. 1428 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Klobuchar (for herself, Mr. Grassley , Mr. Durbin , Ms. Ernst , Mr. Leahy , Ms. Collins , Mr. Van Hollen , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and to prohibit biological product manufacturers from compensating biosimilar and interchangeable companies to delay the entry of biosimilar biological products and interchangeable biological products.
1. Short title This Act may be cited as the Preserve Access to Affordable Generics and Biosimilars Act . 2. Congressional findings and declaration of purposes (a) Findings Congress finds the following: (1) In 1984, the Drug Price Competition and Patent Term Restoration Act ( Public Law 98–417 ) (referred to in this Act as the 1984 Act ), was enacted with the intent of facilitating the early entry of generic drugs while preserving incentives for innovation. (2) Prescription drugs make up approximately 10 percent of the national health care spending. (3) Initially, the 1984 Act was successful in facilitating generic competition to the benefit of consumers and health care payers, although 88 percent of all prescriptions dispensed in the United States are generic drugs, they account for only 28 percent of all expenditures. (4) Generic drugs cost substantially less than brand name drugs, with discounts off the brand price averaging 80 to 85 percent. (5) Federal dollars currently account for over 40 percent of the $325,000,000,000 spent on retail prescription drugs, and this share is expected to rise to 47 percent by 2025. (6) (A) In recent years, the intent of the 1984 Act has been subverted by certain settlement agreements in which brand name companies transfer value to their potential generic competitors to settle claims that the generic company is infringing the branded company’s patents. (B) These reverse payment settlement agreements— (i) allow a branded company to share its monopoly profits with the generic company as a way to protect the branded company’s monopoly; and (ii) have unduly delayed the marketing of low-cost generic drugs contrary to free competition, the interests of consumers, and the principles underlying antitrust law. (C) Because of the price disparity between brand name and generic drugs, such agreements are more profitable for both the brand and generic manufacturers than competition and will become increasingly common unless prohibited. (D) These agreements result in consumers losing the benefits that the 1984 Act was intended to provide. (7) In 2010, the Biologics Price Competition and Innovation Act ( Public Law 111–148 ) (referred to in this Act as the BPCIA ), was enacted with the intent of facilitating the early entry of biosimilar and interchangeable follow-on versions of branded biological products while preserving incentives for innovation. (8) Biological drugs play an important role in treating many serious illnesses, from cancers to genetic disorders. They are also expensive, representing more than 40 percent of all prescription drug spending. (9) Competition from biosimilar and interchangeable biological products promises to lower drug costs and increase patient access to biological medicines. But reverse payment settlement agreements also threaten to delay the entry of biosimilar and interchangeable biological products, which would undermine the goals of BPCIA. (b) Purposes The purposes of this Act are— (1) to enhance competition in the pharmaceutical market by stopping anticompetitive agreements between brand name and generic drug and biosimilar biological product manufacturers that limit, delay, or otherwise prevent competition from generic drugs and biosimilar biological products; and (2) to support the purpose and intent of antitrust law by prohibiting anticompetitive practices in the pharmaceutical industry that harm consumers. 3. Unlawful compensation for delay (a) In general The Federal Trade Commission Act ( 15 U.S.C. 44 et seq.) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Preserving access to affordable generics and biosimilars (a) In general (1) Enforcement proceeding The Commission may initiate a proceeding to enforce the provisions of this section against the parties to any agreement resolving or settling, on a final or interim basis, a patent infringement claim, in connection with the sale of a drug product or biological product. (2) Presumption and violation (A) In general Subject to subparagraph (B), in such a proceeding, an agreement shall be presumed to have anticompetitive effects and shall be a violation of this section if— (i) an ANDA filer or a biosimilar biological product application filer receives anything of value, including an exclusive license; and (ii) the ANDA filer or biosimilar biological product application filer agrees to limit or forego research, development, manufacturing, marketing, or sales of the ANDA product or biosimilar biological product, as applicable, for any period of time. (B) Exception Subparagraph (A) shall not apply if the parties to such agreement demonstrate by clear and convincing evidence that— (i) the value described in subparagraph (A)(i) is compensation solely for other goods or services that the ANDA filer or biosimilar biological product application filer has promised to provide; or (ii) the procompetitive benefits of the agreement outweigh the anticompetitive effects of the agreement. (b) Limitations In determining whether the settling parties have met their burden under subsection (a)(2)(B), the fact finder shall not presume— (1) that entry would not have occurred until the expiration of the relevant patent or statutory exclusivity; or (2) that the agreement’s provision for entry of the ANDA product or biosimilar biological product prior to the expiration of the relevant patent or statutory exclusivity means that the agreement is procompetitive. (c) Exclusions Nothing in this section shall prohibit a resolution or settlement of a patent infringement claim in which the consideration granted by the NDA holder or biological product license holder to the ANDA filer or biosimilar biological product application filer, respectively, as part of the resolution or settlement includes only one or more of the following: (1) The right to market the ANDA product or biosimilar biological product in the United States prior to the expiration of— (A) any patent that is the basis for the patent infringement claim; or (B) any patent right or other statutory exclusivity that would prevent the marketing of such ANDA product or biosimilar biological product. (2) A payment for reasonable litigation expenses not to exceed $7,500,000. (3) A covenant not to sue on any claim that the ANDA product or biosimilar biological product infringes a United States patent. (d) Enforcement (1) Enforcement A violation of this section shall be treated as a violation of section 5. (2) Judicial review (A) In general Any party that is subject to a final order of the Commission, issued in an administrative adjudicative proceeding under the authority of subsection (a)(1), may, within 30 days of the issuance of such order, petition for review of such order in— (i) the United States Court of Appeals for the District of Columbia Circuit; (ii) the United States Court of Appeals for the circuit in which the ultimate parent entity, as defined in section 801.1(a)(3) of title 16, Code of Federal Regulations, or any successor thereto, of the NDA holder or biological product license holder is incorporated as of the date that the NDA or biological product license application, as applicable, is filed with the Commissioner of Food and Drugs; or (iii) the United States Court of Appeals for the circuit in which the ultimate parent entity of the ANDA filer or biosimilar biological product application filer is incorporated as of the date that the ANDA or biosimilar biological product application is filed with the Commissioner of Food and Drugs. (B) Treatment of findings In a proceeding for judicial review of a final order of the Commission, the findings of the Commission as to the facts, if supported by evidence, shall be conclusive. (e) Antitrust laws Nothing in this section shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of this Act to the extent that section 5 applies to unfair methods of competition. Nothing in this section shall modify, impair, limit, or supersede the right of an ANDA filer or biosimilar biological product application filer to assert claims or counterclaims against any person, under the antitrust laws or other laws relating to unfair competition. (f) Penalties (1) Forfeiture Each party that violates or assists in the violation of this section shall forfeit and pay to the United States a civil penalty sufficient to deter violations of this section, but in no event greater than 3 times the value received by the party that is reasonably attributable to the violation of this section. If no such value has been received by the NDA holder or biological product license holder, the penalty to the NDA holder or biological product license holder shall be sufficient to deter violations, but in no event greater than 3 times the value given to the ANDA filer or biosimilar biological product application filer reasonably attributable to the violation of this section. Such penalty shall accrue to the United States and may be recovered in a civil action brought by the Commission, in its own name by any of its attorneys designated by it for such purpose, in a district court of the United States against any party that violates this section. In such actions, the United States district courts are empowered to grant mandatory injunctions and such other and further equitable relief as they deem appropriate. (2) Cease and desist (A) In general If the Commission has issued a cease and desist order with respect to a party in an administrative adjudicative proceeding under the authority of subsection (a)(1), an action brought pursuant to paragraph (1) may be commenced against such party at any time before the expiration of 1 year after such order becomes final pursuant to section 5(g). (B) Exception In an action under subparagraph (A), the findings of the Commission as to the material facts in the administrative adjudicative proceeding with respect to the violation of this section by a party shall be conclusive unless— (i) the terms of such cease and desist order expressly provide that the Commission’s findings shall not be conclusive; or (ii) the order became final by reason of section 5(g)(1), in which case such finding shall be conclusive if supported by evidence. (3) Civil penalty In determining the amount of the civil penalty described in this section, the court shall take into account— (A) the nature, circumstances, extent, and gravity of the violation; (B) with respect to the violator, the degree of culpability, any history of violations, the ability to pay, any effect on the ability to continue doing business, profits earned by the NDA holder or biological product license holder, compensation received by the ANDA filer or biosimilar biological product application filer, and the amount of commerce affected; and (C) other matters that justice requires. (4) Remedies in addition Remedies provided in this subsection are in addition to, and not in lieu of, any other remedy provided by Federal law. Nothing in this paragraph shall be construed to affect any authority of the Commission under any other provision of law. (g) Definitions In this section: (1) Agreement The term agreement means anything that would constitute an agreement under section 1 of the Sherman Act ( 15 U.S.C. 1 ) or section 5 of this Act. (2) Agreement resolving or settling a patent infringement claim The term agreement resolving or settling a patent infringement claim includes any agreement that is entered into within 30 days of the resolution or the settlement of the claim, or any other agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA The term ANDA means an abbreviated new drug application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) or a new drug application filed under section 505(b)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(2) ). (4) ANDA filer The term ANDA filer means a party that owns or controls an ANDA filed with the Food and Drug Administration or has the exclusive rights under such ANDA to distribute the ANDA product. (5) ANDA product The term ANDA product means the product to be manufactured under the ANDA that is the subject of the patent infringement claim. (6) Biological product The term biological product has the meaning given such term in section 351(i)(1) of the Public Health Service Act ( 42 U.S.C. 262(i)(1) ). (7) Biological product license application The term biological product license application means an application under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Biological product license holder The term biological product license holder means— (A) the holder of an approved biological product license application for a biological product; (B) a person owning or controlling enforcement of any patents that claim the biological product that is the subject of such approved application; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (9) Biosimilar biological product The term biosimilar biological product means the product to be manufactured under the biosimilar biological product application that is the subject of the patent infringement claim. (10) Biosimilar biological product application The term biosimilar biological product application means an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) for licensure of a biological product as biosimilar to, or interchangeable with, a reference product. (11) Biosimilar biological product application filer The term biosimilar biological product application filer means a party that owns or controls a biosimilar biological product application filed with the Food and Drug Administration or has the exclusive rights under such application to distribute the biosimilar biological product. (12) Drug product The term drug product has the meaning given such term in section 314.3(b) of title 21, Code of Federal Regulations (or any successor regulation). (13) NDA The term NDA means a new drug application filed under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ). (14) NDA holder The term NDA holder means— (A) the holder of an approved NDA application for a drug product; (B) a person owning or controlling enforcement of the patent listed in the Approved Drug Products With Therapeutic Equivalence Evaluations (commonly known as the FDA Orange Book ) in connection with the NDA; or (C) the predecessors, subsidiaries, divisions, groups, and affiliates controlled by, controlling, or under common control with any of the entities described in subparagraphs (A) and (B) (such control to be presumed by direct or indirect share ownership of 50 percent or greater), as well as the licensees, licensors, successors, and assigns of each of the entities. (15) Party The term party means any person, partnership, corporation, or other legal entity. (16) Patent infringement The term patent infringement means infringement of any patent or of any filed patent application, extension, reissue, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patents of addition, and extensions thereof. (17) Patent infringement claim The term patent infringement claim means any allegation made to an ANDA filer or biosimilar biological product application filer, whether or not included in a complaint filed with a court of law, that its ANDA or ANDA product, or biological product license application or biological product, may infringe any patent held by, or exclusively licensed to, the NDA holder or biological product license holder of the drug product or biological product, as applicable. (18) Statutory exclusivity The term statutory exclusivity means those prohibitions on the approval of drug applications under clauses (ii) through (iv) of section 505(c)(3)(E) (5- and 3-year data exclusivity), section 527 (orphan drug exclusivity), or section 505A (pediatric exclusivity) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c)(3)(E) , 360cc, 355a), or on the licensing of biological product applications under section 351(k)(7) (12-year exclusivity) or paragraph (2) or (3) of section 351(m) (pediatric exclusivity) of the Public Health Service Act ( 42 U.S.C. 262 ) or under section 527 (orphan drug exclusivity) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ). . (b) Effective date Section 27 of the Federal Trade Commission Act, as added by this section, shall apply to all agreements described in section 27(a)(1) of that Act entered into after June 17, 2013. Section 27(f) of the Federal Trade Commission Act, as added by this section, shall apply to agreements entered into on or after the date of enactment of this Act. 4. Certification of agreements Section 1112 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 355 note) is amended by adding at the end the following: (d) Certification The Chief Executive Officer or the company official responsible for negotiating any agreement under subsection (a) or (b) that is required to be filed under subsection (c), within 30 days after such filing, shall execute and file with the Assistant Attorney General and the Commission a certification as follows: I declare that the following is true, correct, and complete to the best of my knowledge: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification— (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing. . 5. Forfeiture of 180-day exclusivity period Section 505(j)(5)(D)(i)(V) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(D)(i)(V) ) is amended by inserting section 27 of the Federal Trade Commission Act or after that the agreement has violated . 6. Commission litigation authority Section 16(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 56(a)(2) ) is amended— (1) in subparagraph (D), by striking or after the semicolon; (2) in subparagraph (E), by inserting or after the semicolon; and (3) inserting after subparagraph (E) the following: (F) under section 27, . 7. Statute of limitations The Federal Trade Commission shall commence any enforcement proceeding described in section 27 of the Federal Trade Commission Act, as added by section 3, except for an action described in section 27(f)(2) of the Federal Trade Commission Act, not later than 6 years after the date on which the parties to the agreement file the certification under section 1112(d) of the Medicare Prescription Drug Improvement and Modernization Act of 2003 ( 21 U.S.C. 355 note). 8. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such Act or amendments to any person or circumstance shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s1428is/xml/BILLS-117s1428is.xml |
117-s-1429 | II 117th CONGRESS 1st Session S. 1429 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Collins introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide compensation for United States victims of Libyan state-sponsored terrorism, and for other purposes.
1. Short title This Act may be cited as the Justice for the Living Victims of Lockerbie Act . 2. Defined term In this Act, the term compensable living victim of Libyan state-sponsored terrorism means an individual who— (1) is a United States person; (2) was employed by Pan American Airlines on December 3, 1991; (3) was a named claimant in the case referred to in section 3(b)(2); and (4) was alive on August 14, 2008. 3. Determination of cause (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall direct the Assistant Secretary for Aviation and International Affairs to review and make a determination as to whether it is more probable than not that the bombing of Pan American Flight 103 over Lockerbie, Scotland on December 21, 1988, was a proximate cause of the subsequent bankruptcy of Pan American World Airlines. (b) Requirements In making the determination required under subsection (a), the Assistant Secretary for Aviation and International Affairs shall— (1) apply legal standards and principles generally followed by State and Federal courts in the United States; (2) allow former Pan American employees who were named claimants in Abbott et al. v. Socialist People’s Libyan Arab Jamahiriya (case number 1:94–cv–02444–SS) in the United States District Court for the District of Columbia to submit written documents and legal arguments on the issue of causation described in subsection (a); and (3) except as provided elsewhere in this section, limit the review to the evidentiary record of the Foreign Claims Settlement Commission provided to the Assistant Secretary pursuant to subsection (c) (excluding prior decisions of the Commission). (c) Submission of records The Foreign Claims Settlement Commission shall provide the Assistant Secretary for Aviation and International Affairs with copies of the evidentiary record, including documents submitted by claimants, statements and affidavits of witnesses, hearing transcripts, and post-hearing submissions, associated with Category F claims referred to the Commission by the Department of State on November 27, 2013, involving claims of the United States nationals against the Government of Libya that were settled under the Claims Settlement Agreement Between the United States of America and the Great Socialist People’s Libyan Arab Jamahiriya , dated August 14, 2008. (d) Written determination (1) In general Not later than 90 days after the date on which the Secretary of Transportation directs the Assistant Secretary for Aviation and International Affairs to review the issue described in subsection (a), the Assistant Secretary shall submit a written determination to the Secretary. (2) Submission to the foreign claims settlement commission If the Assistant Secretary determines that the Lockerbie bombing was a proximate cause of the bankruptcy of Pan American World Airlines, the Secretary of Transportation, not later than 10 days after the date on which the Secretary received such written determination, shall deliver a copy of such determination to the Secretary of the Treasury and the Foreign Claims Settlement Commission. 4. Living Victims of Lockerbie Claims Fund (a) Establishment If the Assistant Secretary for Aviation and International Affairs makes the determination of cause described in section 3, the Secretary of the Treasury shall establish, in the Treasury of the United States, a trust fund (referred to in this Act as the Fund ) for the payment of claims submitted by compensable living victims of Libyan state-sponsored terrorism. (b) Authorization of appropriations Once the Fund is established pursuant to subsection (a), there shall be appropriated to the Fund, out of any money in the Treasury of the United States not otherwise appropriated, $20,000,000 for fiscal year 2022, which shall be made available to provide compensation to compensable living victims of Libyan state-sponsored terrorism. 5. Compensation for living victims of Libyan state-sponsored terrorism (a) Certification by the Foreign Claims Settlement Commission Not later than 30 days after receiving a copy of the determination from the Secretary of Transportation under section 3(d)(2), the Foreign Claims Settlement Commission— (1) shall publish, in the Federal Register, a process for filing applications on behalf of compensable living victims of Libyan state-sponsored terrorism; (2) shall determine if individuals who have submitted claims for payments under subsection (b) are compensable living victims of Libyan state-sponsored terrorism; and (3) upon the approval of each claim pursuant to paragraph (1), shall certify such determination to the Secretary of the Treasury for authorization of payment under subsection (b). (b) Payments authorized Upon receiving a certification from the Foreign Claims Settlement Commission under subsection (a)(3), the Secretary of the Treasury shall make payments from the Fund to compensable living victims of Libyan state-sponsored terrorism in accordance with subsection (c). (c) Compensation (1) In general Upon a certification by the Foreign Claims Settlement Commission of a claim by a compensable living victim of Libyan state-sponsored terrorism, such claimant (or, in the case of a deceased claimant, the personal representative of the claimant’s estate) shall be entitled to an award of $400,000. (2) Representative If a putative claimant that otherwise qualifies for compensation under this section is deceased, a personal representative may bring a claim on behalf of the estate of the claimant. | https://www.govinfo.gov/content/pkg/BILLS-117s1429is/xml/BILLS-117s1429is.xml |
117-s-1430 | II 117th CONGRESS 1st Session S. 1430 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Heinrich (for himself, Mr. Wyden , and Mr. Luján ) 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 prevent predatory debt collectors from receiving paycheck protection program loans, and for other purposes.
1. Short title This Act may be cited as the Ceasing Undeserved Relief Benefits for Debt Collectors Act for 2021 or the CURB Debt Collectors Act . 2. Debt collectors ineligible for paycheck protection program loans (a) In general Section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) is amended— (1) in paragraph (36), by adding at the end the following: (W) Debt collectors ineligible An individual or entity shall be ineligible to receive a covered loan if— (i) the individual or entity is a debt collector, as defined in section 803 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692a ); (ii) the individual or entity has been found to have violated of any provision of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq.) pursuant to— (I) an adjudication by a Federal agency or an action brought in a court of competent jurisdiction if the adjudication or action constitutes an exercise of enforcement authority under section 814 of such Act ( 15 U.S.C. 1692l ); or (II) any other action brought in a court of competent jurisdiction; (iii) the adjudication or action described in clause (ii) was not resolved by a settlement agreement or consent decree that remains in effect as of the date on which the individual or entity applies for the covered loan if the adjudication or action was brought by a Federal agency; and (iv) a final order or final judgment against the individual or entity pursuant to an adjudication or action described in clause (ii), as appropriate— (I) is issued or entered, as appropriate, during the 10-year period ending on the date on which the individual or entity applies for the covered loan; (II) has not been overturned; and (III) is no longer subject to appeal. ; and (2) in paragraph (37)(A)(iv)(III)— (A) in item (dd), by striking or at the end; (B) in item (ee), by striking ; and and inserting ; or ; and (C) by adding at the end the following: (ff) an individual or entity that, under subparagraph (W) of paragraph (36), is ineligible for a covered loan under such paragraph; and . (b) Applicability The amendments made by subsection (a) shall not apply with respect to any loan made prior to date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1430is/xml/BILLS-117s1430is.xml |
117-s-1431 | II 117th CONGRESS 1st Session S. 1431 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the Director of the Office of Management and Budget from raising the minimum urban area population to qualify a metropolitan statistical area from 50,000, and for other purposes.
1. Short title This Act may be cited as the Metropolitan Statistical Area Stabilization Act . 2. Prohibition and study on metropolitan statistical area designation The Director of the Office of Management and Budget shall not raise the minimum urban area population to qualify a metropolitan statistical area from 50,000. | https://www.govinfo.gov/content/pkg/BILLS-117s1431is/xml/BILLS-117s1431is.xml |
117-s-1432 | II 117th CONGRESS 1st Session S. 1432 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Cornyn (for himself and Mr. Padilla ) 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 Energy to establish an electric grid resilience grant program and an electric grid resilience research and development program.
1. Short title This Act may be cited as the Preventing Outages With Enhanced Resilience and Operations Nationwide Act of 2021 or the POWER ON Act of 2021 . 2. Electric grid resilience grants (a) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) an electric grid operator; (B) an electricity generator; (C) a transmission owner or operator; (D) a distribution provider; (E) a fuel supplier; and (F) any other relevant entity, as determined by the Secretary. (2) Extreme weather (A) In general The term extreme weather means a weather phenomenon that— (i) occurs outside of the historical frequency prior to 1990; or (ii) is unexpected, unusual, severe, or unseasonal. (B) Inclusions The term extreme weather includes— (i) a tornado; (ii) a thunderstorm; (iii) an ice storm; (iv) a heat wave; (v) flooding; (vi) drought; (vii) high winds; and (viii) mudslides. (3) 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 ). (4) Resilience event The term resilience event means an event in which, due to extreme weather, a wildfire, or any other natural disaster, operations of the electric grid are disrupted, preventively shut off, or cannot operate safely. (5) Secretary The term Secretary means the Secretary of Energy. (6) State The term State means— (A) a State; (B) the District of Columbia; and (C) any territory of the United States. (b) Establishment (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an electric grid resilience program under which the Secretary shall provide grants to States and Indian Tribes to award grants to eligible entities to carry out projects that enhance the physical resilience of the electric grid. (2) Annual application (A) In general To be eligible to receive a grant under this subsection for a fiscal year, a State or Indian Tribe shall submit to the Secretary an application for that fiscal year that describes the criteria and methods that will be used by the State or Indian Tribe to award electric grid resilience grants to eligible entities. (B) Requirement The Secretary shall use amounts appropriated under subsection (f) for a fiscal year to provide grants under this subsection only to States and Indian Tribes that have submitted an application under subparagraph (A) for that fiscal year. (3) Distribution of funds (A) In general The Secretary shall provide grants to States and Indian Tribes under this subsection based on a formula determined by the Secretary, in accordance with subparagraph (B). (B) Requirement The formula referred to in subparagraph (A) shall be based on the following factors: (i) The total population of the State or Indian Tribe. (ii) The probability of resilience events in the State or on the land of the Indian Tribe during the previous 10 years, as determined based on the number of federally declared disasters or emergencies in the State or on the land of the Indian Tribe, as applicable, including— (I) disasters for which Fire Management Assistance Grants are provided under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5187 ); (II) major disasters declared by the President under section 401 of that Act ( 42 U.S.C. 5170 ); (III) emergencies declared by the President under section 501 of that Act ( 42 U.S.C. 5191 ); and (IV) any other federally declared disaster or emergency in the State or on the land of the Indian Tribe. (iii) The number and severity, measured by population and economic impacts, of resilience events experienced by the State or Indian Tribe on or after January 1, 2011. (iv) The total amount, on a per capita basis, of public and private expenditures during the previous 10 years to carry out mitigation efforts to reduce the likelihood and consequences of resilience events in the State or on the land of the Indian Tribe, with States or Indian Tribes with higher per capita expenditures receiving additional weight or consideration as compared to States or Indian Tribes with lower per capita expenditures. (4) Annual update of data used in distribution of funds Beginning 1 year after the date of enactment of this Act, the Secretary shall annually update— (A) all data relating to the factors described in paragraph (3)(B); and (B) all other data used in distributing grants to States and Indian Tribes under this subsection. (5) Matching funds A State or Indian Tribe that receives a grant under this subsection shall be required to match not less than 15 percent of the amount of the grant. (6) Plan required The Secretary shall ensure that each grant provided to a State or Indian Tribe under this subsection will— (A) be allocated in accordance with a published State or Indian Tribe plan that— (i) is adopted by the State or Indian Tribe after notice and a public hearing; and (ii) describes the proposed funding distributions and recipients of the electric grid resilience grants to be provided by the State or Indian Tribe; and (B) be allocated, pursuant to the applicable State or Indian Tribe plan, to eligible entities for projects within the State or on the land of the Indian Tribe, as applicable. (7) Administrative expenses (A) In general Of any amounts made available to the Secretary to carry out the program established under paragraph (1) for a fiscal year, the Secretary may use not more than 10 percent for the administrative expenses of carrying out that program. (B) Grant amounts Not more than 10 percent of the amount of a grant provided by the Secretary to a State or Indian Tribe under this subsection may be used for administrative expenses. (c) Use of grants (1) In general A grant awarded to an eligible entity under the electric grid resilience program established under subsection (b)(1) may be used for activities, technologies, equipment, and hardening measures to enable the electric grid to better withstand the effects of extreme weather, a wildfire, or any other natural disaster, including— (A) weatherization technologies and equipment; (B) fire-resistant technologies and fire prevention systems; (C) monitoring technologies; (D) the undergrounding of electrical equipment; (E) utility pole management; (F) the relocation of power lines; (G) vegetation and fuel-load management; (H) the use or construction of distributed energy resources for enhancing system adaptive capacity during extreme weather events, including— (i) microgrids; and (ii) battery-storage subcomponents; (I) adaptive protection technologies; and (J) advanced modeling technologies. (2) Prohibited uses (A) In general A grant awarded to an eligible entity under the electric grid resilience program established under subsection (b)(1) may not be used for— (i) construction of a new— (I) electric generating facility; or (II) large-scale battery-storage facility that is not used for enhancing system adaptive capacity during extreme weather events; or (ii) cybersecurity. (B) Certain investments eligible for recovery (i) In general An eligible entity may not seek cost recovery for the portion of the cost of any system, technology, or equipment that is funded through a grant awarded under the electric grid resilience program established under subsection (b)(1). (ii) Savings provision Nothing in this subparagraph prohibits an eligible entity from recovering through traditional or incentive-based ratemaking any portion of an investment in a system, technology, or equipment that is not funded by a grant awarded under the electric grid resilience program established under subsection (b)(1). (d) Evaluation of funded projects The Secretary shall carry out periodic evaluations of— (1) the electric grid resilience program established under subsection (b)(1); and (2) the projects carried out by eligible entities receiving grants under that program. (e) Annual report to Congress (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the electric grid resilience program established under subsection (b)(1), including the results of the periodic evaluations carried out under subsection (d). (2) Requirements The report under paragraph (1) shall include information and data provided by each State or Indian Tribe receiving a grant from the Secretary under subsection (b) on— (A) the costs of the projects for which grants are awarded to eligible entities by States or Indian Tribes under that subsection; and (B) the types of activities, technologies, equipment, and hardening measures funded by those grants. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026. 3. Electric grid resilience research and development (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Energy (referred to in this section as the Secretary ) shall establish a research, development, demonstration, and commercial application program to enhance resilience and strengthen emergency response and management of the electric grid. (b) Grants Under the program established under subsection (a), the Secretary shall award competitive grants to eligible entities described in subsection (c) to conduct research, development, demonstration, and commercial application activities to improve the resilience of the electric grid by developing technologies and capabilities to withstand and address the current and projected impact on electric grid infrastructure of— (1) extreme weather (as defined in section 2(a)); (2) wildfires; and (3) other natural disasters. (c) Eligible entities An entity eligible to receive a grant under subsection (b) is— (1) an institution of higher education, including a historically Black college or university and a minority-serving institution; (2) a nonprofit organization; (3) a National Laboratory; (4) a unit of State, local, or Tribal government; (5) an electric utility or electric cooperative; (6) a retail service provider of electricity; (7) a private commercial entity; (8) a partnership or consortium of 2 or more entities described in any of paragraphs (1) through (7); and (9) any other entity the Secretary determines to be appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1432is/xml/BILLS-117s1432is.xml |
117-s-1433 | II 117th CONGRESS 1st Session S. 1433 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Lee (for himself, Mr. Thune , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for the crediting of funds received by the National Guard Bureau as reimbursement from States.
1. Short title This Act may be cited as the Guarding Readiness Resources Act of 2021 . 2. Treatment of funds received by National Guard Bureau as reimbursement from States Section 710 of title 32, United States Code, is amended by adding at the end the following new subsection: (g) Treatment of reimbursed funds Any funds received by the National Guard Bureau from a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the Virgin Islands as reimbursement under this section for the use of military property shall be credited to— (1) the appropriation, fund, or account used in incurring the obligation; or (2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made. . | https://www.govinfo.gov/content/pkg/BILLS-117s1433is/xml/BILLS-117s1433is.xml |
117-s-1434 | II 117th CONGRESS 1st Session S. 1434 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Food and Drug Administration to revoke the approval of one opioid pain medication for each new opioid pain medication approved.
1. Short title This Act may be cited as the Protecting Americans from Dangerous Opioids Act . 2. Findings Congress finds as follows: (1) Opioids killed more than 36,000 people in the United States in 2019, more than any year on record. In 2019, nearly half of all drug overdose deaths involved a prescription opioid or synthetic opioid. (2) According to the Centers for Disease Control, 3 out of 4 new heroin users abused prescription opioids before moving to heroin. (3) The United States makes up only 4.6 percent of the world's population, but consumes 80 percent of its opioid pain medications. (4) In 2012, health care providers wrote 259,000,000 prescriptions for painkillers, enough for every individual in the United States to have a bottle of pills. (5) The amount of prescription opioids sold in the United States has nearly quadrupled since 1999 without a reported increase in pain. At the same time overdose deaths involving opioids have also quadrupled since 1999. (6) In 2020, over 90,000 people are predicted to have died of drug overdose, the highest number on record. 3. Requirement to revoke approval (a) In general Notwithstanding any other provision of law, if the Secretary of Health and Human Services (referred to in this section as the Secretary ) approves an application under subsection (b) or (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) for an opioid drug, the Secretary shall revoke the approval of another opioid drug previously approved under such subsection (b) or (j). (b) Considerations In determining the drug for which the Secretary will revoke approval pursuant to subsection (a), the Secretary shall— (1) prioritize revocation of non-abuse deterrent formulations of opioid drugs; and (2) consider the public health impact of the opioid drug being on the market. | https://www.govinfo.gov/content/pkg/BILLS-117s1434is/xml/BILLS-117s1434is.xml |
117-s-1435 | II 117th CONGRESS 1st Session S. 1435 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Cornyn (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Federal Trade Commission Act to prohibit product hopping, and for other purposes.
1. Short title This Act may be cited as the Affordable Prescriptions for Patients Act of 2021 . 2. Product hopping (a) In general The Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) is amended by inserting after section 26 ( 15 U.S.C. 57c–2 ) the following: 27. Product hopping (a) Definitions In this section: (1) Abbreviated new drug application The term abbreviated new drug application means any application under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product. (2) Biosimilar biological product The term biosimilar biological product means a biological product licensed under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (3) Biosimilar biological product license application The term biosimilar biological product license application means an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ). (4) Follow-on product The term follow-on product — (A) means a drug approved through an application or supplement to an application submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) or a biological product licensed through an application or supplement to an application submitted under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ) for a change, modification, or reformulation to the same manufacturer’s previously approved drug or biological product that shares an indication, in whole or in part, with the same manufacturer’s previously approved drug or biological product; and (B) excludes such an application or supplement to an application for a change, modification, or reformulation of a drug or biological product that is requested by the Secretary or necessary to comply with law, including sections 505A and 505B of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a , 355c). (5) Generic drug The term generic drug means any drug approved under an application submitted under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or an application under subsection (b)(2) of such section 505 that seeks a therapeutic equivalence rating to the reference product. (6) Listed drug The term listed drug means a drug listed under section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7) ). (7) Manufacturer The term manufacturer means the holder, licensee, or assignee of— (A) an approved application for a drug under section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ); or (B) a biological product license under section 351(a) of the Public Health Service Act ( 42 U.S.C. 262(a) ). (8) Reference product The term reference product has the meaning given the term in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ). (9) Ultimate parent entity The term ultimate parent entity has the meaning given the term in section 801.1 of title 16, Code of Federal Regulations, or any successor regulation. (b) Prohibition on product hopping (1) Prima facie A manufacturer of a reference product or listed drug shall be considered to have engaged in an unfair method of competition in or affecting commerce in violation of section 5(a) if complaint counsel or the Commission demonstrates in an action or proceeding initiated by the Commission under subsection (c) that, during the period beginning on the date on which the manufacturer of the reference product or listed drug first receives notice that an applicant has submitted to the Commissioner of Food and Drugs an abbreviated new drug application or biosimilar biological product license application referencing the reference product or listed drug and ending on the date that is the earlier of 180 days after the date on which that generic drug or biosimilar biological product or another generic drug or biosimilar biological product referencing the listed drug or reference product is first marketed or 3 years after the date on which the follow-on product is first marketed, the manufacturer engaged in either of the following actions: (A) The manufacturer engaged in a hard switch, which shall be established by demonstrating that the manufacturer engaged in either of the following actions: (i) Upon the request of the manufacturer of the listed drug or reference product, the Commissioner of Food and Drugs withdrew the approval of the application for the listed drug or reference product or placed the listed drug or reference product on the discontinued products list and the manufacturer marketed or sold a follow-on product. (ii) The manufacturer of the listed drug or reference product— (I) (aa) withdrew, discontinued the manufacture of, or announced withdrawal of, discontinuance of the manufacture of, or intent to withdraw the application with respect to the drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances, unless such actions were taken by the manufacturer pursuant to a request of the Commissioner of Food and Drugs; or (bb) destroyed the inventory of the listed drug or reference product in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances; and (II) marketed or sold a follow-on product. (B) The manufacturer engaged in a soft switch, which shall be established by demonstrating that the manufacturer engaged in both of the following actions: (i) The manufacturer took actions with respect to the listed drug or reference product other than those described in subparagraph (A) that unfairly disadvantage the listed drug or reference product relative to the follow-on product described in clause (ii) in a manner that impedes competition from a generic drug or a biosimilar biological product, which may be established by objective circumstances. (ii) The manufacturer marketed or sold a follow-on product. (2) Exclusions Nothing in this section shall prohibit actions that consist solely of— (A) truthful, non-misleading promotional marketing; or (B) ceasing promotional marketing for the listed drug or reference product. (3) Justification (A) In general Subject to paragraph (4), the actions described in paragraph (1) by a manufacturer of a listed drug or reference product shall not be considered to be an unfair method of competition in or affecting commerce if the manufacturer demonstrates to the Commission or a district court of the United States, as applicable, in an action, suit or proceeding initiated by the Commission under subsection (c)(1) that— (i) the manufacturer would have taken the actions regardless of whether a generic drug that references the listed drug or biosimilar biological product that references the reference product had already entered the market; and (ii) (I) with respect to a hard switch under paragraph (1)(A), the manufacturer took the action for reasons relating to the safety risk to patients of the listed drug or reference product; (II) with respect to an action described in paragraph (1)(A)(ii)(I)(aa), there is a supply disruption that— (aa) is outside of the control of the manufacturer; (bb) prevents the production or distribution of the applicable listed drug or reference product; and (cc) cannot be remedied by reasonable efforts; or (III) with respect to a soft switch under paragraph (1)(B), the manufacturer had legitimate pro-competitive reasons, apart from the financial effects of reduced competition, to take the action. (B) Rule of construction Nothing in subparagraph (A) may be construed to limit the information that the Commission may otherwise obtain in any proceeding or action instituted with respect to a violation of this section. (4) Response With respect to a justification offered by a manufacturer under paragraph (3), the Commission may— (A) rebut any evidence presented by a manufacturer during that justification; or (B) establish by a preponderance of the evidence that— (i) on balance, the pro-competitive benefits from the conduct described in subparagraph (A) or (B) of paragraph (1), as applicable, do not outweigh any anticompetitive effects of the conduct, even in consideration of the justification so offered; or (ii) (I) the conduct described in paragraph (1) is not reasonably necessary to address or achieve the justifications described in clause (ii) of paragraph (2)(A); or (II) the justifications described in clause (ii) of paragraph (2)(A) could be reasonably addressed or achieved through less anticompetitive means. (c) Enforcement (1) In general If the Commission has reason to believe that any manufacturer has violated, is violating, or is about to violate this section, or a rule promulgated under this section, the Commission may take any of the following actions: (A) Institute a proceeding under section 5(b). (B) In the same manner and to the same extent as provided in section 13(b), bring suit in a district court of the United States to temporarily enjoin the action of the manufacturer. (C) Bring suit in a district court of the United States, in which the Commission may seek— (i) to permanently enjoin the action of the manufacturer; (ii) any of the remedies described in paragraph (3); and (iii) any other equitable remedy, including ancillary equitable relief. (2) Judicial review (A) In general Notwithstanding any provision of section 5, any manufacturer that is subject to a final cease and desist order issued in a proceeding to enforce this section, or a rule promulgated under this section, may, not later than 30 days after the date on which the Commission issues the order, petition for review of the order in— (i) the United States Court of Appeals for the District of Columbia Circuit; or (ii) the court of appeals of the United States for the circuit in which the ultimate parent entity of the manufacturer is incorporated. (B) Treatment of findings In a review of a final cease and desist order conducted by a court of appeals of the United States under subparagraph (A), the factual findings of the Commission shall be conclusive if those facts are supported by the evidence. (3) Equitable remedies (A) Disgorgement (i) In general In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, disgorgement of any unjust enrichment that a person obtained as a result of the violation that gives rise to the suit. (ii) Calculation Any disgorgement that is ordered with respect to a person under clause (i) shall be offset by any amount of restitution ordered under subparagraph (B). (iii) Limitations period The Commission may seek disgorgement under this subparagraph not later than 5 years after the latest date on which the person from which the disgorgement is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the disgorgement. (B) Restitution (i) In general In a suit brought under paragraph (1)(C), the Commission may seek, and the court may order, restitution with respect to the violation that gives rise to the suit. (ii) Limitations period The Commission may seek restitution under this subparagraph not later than 5 years after the latest date on which the person from which the restitution is sought receives any unjust enrichment from the effects of the violation that gives rise to the suit in which the Commission seeks the restitution. (4) Rules of construction Nothing in this subsection may be construed as— (A) requiring the Commission to bring a suit seeking a temporary injunction under paragraph (1)(B) before bringing a suit seeking a permanent injunction under paragraph (1)(C); or (B) affecting the authority of the Federal Trade Commission under any other provision of law. . (b) Applicability Section 27 of the Federal Trade Commission Act, as added by subsection (a), shall apply with respect to any— (1) conduct that occurs on or after the date of enactment of this Act; and (2) action or proceeding that is commenced on or after the date of enactment of this Act. (c) Antitrust laws Except to the extent subsection (a) establishes an additional basis for liability under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.), nothing in this section, or the amendments made by this section, shall modify, impair, limit, or supersede the applicability of the antitrust laws as defined in subsection (a) of the first section of the Clayton Act ( 15 U.S.C. 12(a) ), and of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that it applies to unfair methods of competition. (d) Rulemaking The Federal Trade Commission may issue rules under section 553 of title 5, United States Code, to carry out section 27 of the Federal Trade Commission Act, as added by subsection (a), including by defining any terms used in such section 27 (other than terms that are defined in subsection (a) of such section 27). 3. Title 35 amendments (a) In general Section 271(e) of title 35, United States Code, is amended— (1) in paragraph (2)(C), in the flush text following clause (ii), by adding at the end the following: With respect to a submission described in clause (ii), the act of infringement shall extend to any patent that claims the biological product, a method of using the biological product, or a method or product used to manufacture the biological product. ; and (2) by adding at the end the following: (7) (A) Subject to subparagraphs (C), (D), and (E), if the sponsor of an approved application for a reference product, as defined in section 351(i) of the Public Health Service Act ( 42 U.S.C. 262(i) ) (referred to in this paragraph as the reference product sponsor ), brings an action for infringement under this section against an applicant for approval of a biological product under section 351(k) of such Act that references that reference product (referred to in this paragraph as the subsection (k) applicant ), the reference product sponsor may assert in the action a total of not more than 20 patents of the type described in subparagraph (B), not more than 10 of which shall have issued after the date specified in section 351(l)(7)(A) of such Act. (B) The patents described in this subparagraph are patents that satisfy each of the following requirements: (i) Patents that claim the biological product that is the subject of an application under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) (or a use of that product) or a method or product used in the manufacture of such biological product. (ii) Patents that are included on the list of patents described in section 351(l)(3)(A) of the Public Health Service Act ( 42 U.S.C. 262(l)(3)(A) ), including as provided under section 351(l)(7) of such Act. (iii) Patents that— (I) have an actual filing date of more than 4 years after the date on which the reference product is approved; or (II) include a claim to a method in a manufacturing process that is not used by the reference product sponsor. (C) The court in which an action described in subparagraph (A) is brought may increase the number of patents limited under that subparagraph— (i) if the request to increase that number is made without undue delay; and (ii) (I) if the interest of justice so requires; or (II) for good cause shown, which— (aa) shall be established if the subsection (k) applicant fails to provide information required section 351(k)(2)(A) of the Public Health Service Act ( 42 U.S.C. 262(k)(2)(A) ) that would enable the reference product sponsor to form a reasonable belief with respect to whether a claim of infringement under this section could reasonably be asserted; and (bb) may be established— (AA) if there is a material change to the biological product (or process with respect to the biological product) of the subsection (k) applicant that is the subject of the application; (BB) if, with respect to a patent on the supplemental list described in section 351(l)(7)(A) of Public Health Service Act ( 42 U.S.C. 262(l)(7)(A) ), the patent would have issued before the date specified in such section 351(l)(7)(A) but for the failure of the Office to issue the patent or a delay in the issuance of the patent, as described in paragraph (1) of section 154(b) and subject to the limitations under paragraph (2) of such section 154(b); or (CC) for another reason that shows good cause, as determined appropriate by the court. (D) In determining whether good cause has been shown for the purposes of subparagraph (C)(ii)(II), a court may consider whether the reference product sponsor has provided a reasonable description of the identity and relevance of any information beyond the subsection (k) application that the court believes is necessary to enable the court to form a belief with respect to whether a claim of infringement under this section could reasonably be asserted. (E) The limitation imposed under subparagraph (A)— (i) shall apply only if the subsection (k) applicant completes all actions required under paragraphs (2)(A), (3)(B)(ii), (5), (6)(C)(i), (7), and (8)(A) of section 351(l) of the Public Health Service Act ( 42 U.S.C. 262(l) ); and (ii) shall not apply with respect to any patent that claims, with respect to a biological product, a method for using that product in therapy, diagnosis, or prophylaxis, such as an indication or method of treatment or other condition of use. . (b) Applicability The amendments made by subsection (a) shall apply with respect to an application submitted under section 351(k) of the Public Health Service Act ( 42 U.S.C. 262(k) ) on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1435is/xml/BILLS-117s1435is.xml |
117-s-1436 | II 117th CONGRESS 1st Session S. 1436 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Manchin introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to amend the mission statement of the Food and Drug Administration.
1. Short title This Act may be cited as the Changing the Culture of the FDA Act . 2. Mission Statement of the Food and Drug Administration The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall amend the mission statement of the Food and Drug Administration to include the following statement: The FDA is also responsible for protecting the public health by strongly considering the danger of addiction and overdose death associated with prescription opioid medications when approving these medications and when regulating the manufacturing, marketing, and distribution of opioid medications. . | https://www.govinfo.gov/content/pkg/BILLS-117s1436is/xml/BILLS-117s1436is.xml |
117-s-1437 | II 117th CONGRESS 1st Session S. 1437 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Hassan (for herself, Ms. Collins , Mr. Casey , Ms. Ernst , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Office of Management and Budget to revise the Standard Occupational Classification system to establish a separate code for direct support professionals, and for other purposes.
1. Short title This Act may be cited as the Recognizing the Role of Direct Support Professionals Act . 2. Findings Congress finds the following: (1) Direct support professionals play a critical role in the care provided to children and adults with intellectual and developmental disabilities. (2) Providers of home- and community-based services are experiencing difficulty hiring and retaining direct support professionals, with a national turnover rate of 45 percent as identified in a 2016 study by the National Core Indicators. (3) High turnover rates can lead to instability for individuals receiving services, and this may result in individuals not receiving enough personalized care to help them reach their goals for independent living. (4) A discrete occupational category for direct support professionals will help States and the Federal Government— (A) better interpret the shortage in the labor market of direct support professionals; and (B) collect data on the high turnover rate of direct support professionals. (5) The Standard Occupational Classification system is designed and maintained solely for statistical purposes, and is used by Federal statistical agencies to classify workers and jobs into occupational categories for the purpose of collecting, calculating, analyzing, or disseminating data. (6) Occupations in the Standard Occupational Classification system are classified based on work performed and, in some cases, on the skills, education, or training needed to perform the work. (7) Establishing a discrete occupational category for direct support professionals will— (A) correct an inaccurate representation in the Standard Occupational Classification system; (B) recognize these professionals for the critical and often times overlooked work that they perform for the disabled community, which work is different than the work of a home health aide or a personal care aide; and (C) better align the Standard Occupational Classification system with related classification systems. 3. Definition of direct support personnel In this Act, the term direct support personnel means an individual who, in exchange for compensation, provides services to an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) that promote such individual’s independence, including— (1) services that enhance independence and community inclusion for such individual, including traveling with such individual, attending and assisting such individual while visiting friends and family, shopping, or socializing; (2) services such as coaching and supporting such individual in communicating needs, achieving self-expression, pursuing personal goals, living independently, and participating actively in employment or voluntary roles in the community; (3) services such as providing assistance with activities of daily living (such as feeding, bathing, toileting, and ambulation) and with tasks such as meal preparation, shopping, light housekeeping, and laundry; or (4) services that support such individual at home, work, school, or any other community setting. 4. Revision of Standard Occupational Classification System The Director of the Office of Management and Budget shall, not later than 30 days after the date of enactment of this Act, revise the Standard Occupational Classification system to establish a separate code (31–1123) for direct support professionals as a healthcare support occupation. Such code shall be a subset of 31–1120, which includes home health aides and personal care aides. | https://www.govinfo.gov/content/pkg/BILLS-117s1437is/xml/BILLS-117s1437is.xml |
117-s-1438 | II 117th CONGRESS 1st Session S. 1438 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Hassan (for herself and Ms. Collins ) 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 the distribution of additional residency positions to help combat the opioid crisis.
1. Short title This Act may be cited as the Opioid Workforce Act of 2021 . 2. Distribution of additional residency positions to help combat opioid crisis (a) In general Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ) is amended— (1) in paragraph (4)(F)(i), by striking and (9) and inserting (9), and (10) ; (2) in paragraph (4)(H)(i), by striking and (9) and inserting (9), and (10) ; (3) in paragraph (7)(E), by inserting paragraph (10), after paragraph (9), ; and (4) by adding at the end the following new paragraph: (10) Distribution of additional residency positions to help combat opioid crisis (A) Additional residency positions For each of fiscal years 2024 through 2028 (and succeeding fiscal years if the Secretary determines that there are additional full-time equivalent residency positions available to distribute under subparagraph (D)), the Secretary shall increase the otherwise applicable resident limit for each qualifying hospital that submits a timely application under this paragraph by such number as the Secretary may approve, effective for portions of cost reporting periods occurring on or after July 1 of the fiscal year of the increase. The aggregate number of additional full-time equivalent resident positions available for distribution under this paragraph shall be equal to 1,000, distributed in accordance with the succeeding subparagraphs of this paragraph. (B) Distribution for fiscal year 2024 (i) In general For fiscal year 2024, 500 of the positions described in subparagraph (A) may only be distributed to hospitals that have established (as of the date of the enactment of this paragraph) approved programs in addiction medicine, addiction psychiatry, or pain medicine, as determined by the Secretary. (ii) Considerations in distribution The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood (as determined by the Secretary) of the hospital filling such positions. (iii) Requirements A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. (iv) Redistribution of positions if hospital no longer meets certain requirements In the case in which the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall— (I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and (II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. (C) Distribution for fiscal years 2025 through 2028 (i) In general For the period of fiscal years 2025 through 2028, 500 of the positions available for distribution under subparagraph (A) shall be distributed to hospitals which demonstrate to the Secretary that the hospital has established or will establish an approved residency training program in addiction medicine, addiction psychiatry, or pain medicine. (ii) Considerations in distribution The Secretary shall distribute additional residency positions under this subparagraph based on the demonstrated likelihood, as determined by the Secretary, of the hospital filling such positions within the first 4 training years (as specified by the Secretary) after the increase would be effective. (iii) Requirements A hospital that receives an increase in the otherwise applicable resident limit under this subparagraph shall ensure, during the 5-year period beginning after the date of such increase, that the hospital uses the positions made available under this subparagraph for a program described in clause (i) or a program that is a prerequisite (as determined by the Secretary) for such a program so described, such as internal medicine. The Secretary may determine whether a hospital has met the requirements under this clause during such 5-year period in such manner and at such time as the Secretary determines appropriate, including at the end of such 5-year period. (iv) Redistribution of positions if hospital no longer meets certain requirements In the case where the Secretary determines that a hospital described in clause (iii) does not meet the requirements of such clause, the Secretary shall— (I) reduce the otherwise applicable resident limit of the hospital by the amount by which such limit was increased under this subparagraph; and (II) provide for the distribution of positions attributable to such reduction in accordance with the requirements of this paragraph. (D) Distribution of remaining positions If the aggregate number of positions distributed under subparagraphs (B) and (C) during the period of fiscal years 2024 through 2028 is less than 500, the Secretary shall distribute the remaining residency positions in succeeding fiscal years according to criteria consistent with this paragraph until such time as the aggregate amount of positions distributed under this paragraph is equal to 500. (E) Limitation An individual hospital may not receive more than 25 full-time equivalent residency positions under this paragraph. (F) Notification The Secretary shall notify hospitals of the number of positions distributed to the hospital under this paragraph as a result of an increase in the otherwise applicable resident limit by January 1 of the fiscal year of the increase. Such increase shall be effective for portions of cost reporting periods beginning on or after July 1 of that fiscal year. (G) Application of per resident amounts for primary care and nonprimary care With respect to additional residency positions in a hospital attributable to the increase provided under this paragraph, the approved FTE per resident amounts are deemed to be equal to the hospital per resident amounts for primary care and nonprimary care computed under paragraph (2)(D) for that hospital. (H) Permitting facilities to apply aggregation rules The Secretary shall permit hospitals receiving additional residency positions attributable to the increase provided under this paragraph to, beginning in the fifth year after the effective date of such increase, apply such positions to the limitation amount under paragraph (4)(F) that may be aggregated pursuant to paragraph (4)(H) among members of the same affiliated group. (I) Clarification Chapter 35 of title 44, United States Code, shall not apply to implementation of this paragraph. (J) Definitions In this paragraph: (i) Otherwise applicable resident limit The term otherwise applicable resident limit means, with respect to a hospital, the limit otherwise applicable under paragraph (4)(F)(i) on the resident level for the hospital determined without regard to this paragraph but taking into account paragraphs (7)(A), (7)(B), (8)(A), (8)(B), and (9)(A). (ii) Resident level The term resident level has the meaning given such term in paragraph (7)(C)(i). . (b) IME (1) In general Section 1886(d)(5)(B)(v) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B)(v) ), in the third sentence, is amended by striking and (h)(9) and inserting (h)(9), and (h)(10) . (2) Conforming provision Section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) is amended by adding after clause (xii) the following new clause: (xiii) For discharges occurring on or after July 1, 2024, insofar as an additional payment amount under this subparagraph is attributable to resident positions distributed to a hospital under subsection (h)(10), the indirect teaching adjustment factor shall be computed in the same manner as provided under clause (ii) with respect to such resident positions. . | https://www.govinfo.gov/content/pkg/BILLS-117s1438is/xml/BILLS-117s1438is.xml |
117-s-1439 | II 117th CONGRESS 1st Session S. 1439 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Manchin (for himself, Mrs. Capito , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish procedures regarding the approval of opioid drugs by the Food and Drug Administration.
1. Short title This Act may be cited as the FDA Accountability for Public Safety Act . 2. Approval against the recommendation of the FDA advisory committee on opioid drugs (a) In General Any approval of an application or supplement to an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) for a drug that is an opioid against the recommendation of the advisory committee pursuant to section 106 of the Comprehensive Drug and Recovery Act of 2016 ( Public Law 114–198 ) shall be made by the Commissioner of Food and Drugs (referred to in this section as the Commissioner ) and shall not be delegated. (b) Reports to Congress If the Commissioner approves a drug as described in subsection (a), the Commissioner shall— (1) submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, and to any member of Congress that requests the report, that includes— (A) medical and scientific evidence regarding patient safety that clearly supports the Commissioner's decision to approve the opioid drug against the recommendation of the advisory committee; and (B) a disclosure of any potential conflicts of interest that may exist regarding any official of the Food and Drug Administration who was involved in the decision to approve the drug prior to the Commissioner's final decision under subsection (a); and (2) at the request of the Committee on Health, Education, Labor, and Pensions of the Senate or the Committee on Energy and Commerce of the House of Representatives, testify before that committee regarding the Commissioner's decision to approve the opioid drug against the recommendation of the advisory committee. (c) Prohibition on marketing A drug approved as described in subsection (a) shall not be introduced or delivered for introduction into interstate commerce until the report described in subsection (b)(1) has been submitted to Congress. (d) Scope of advisory committee review Section 106(a)(1)(A) of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended— (1) by inserting , or supplement to an application, after application each place such term appears; and (2) by striking of a new and inserting for a . | https://www.govinfo.gov/content/pkg/BILLS-117s1439is/xml/BILLS-117s1439is.xml |
117-s-1440 | II 117th CONGRESS 1st Session S. 1440 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Hassan (for herself 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 make technical corrections to the FAFSA Simplification Act.
1. Short title This Act may be cited as the FAFSA Simplification Technical Corrections Act . 2. Early implementation of FAFSA simplification (a) FAFSA Simplification Act The FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ) is amended— (1) in section 702— (A) in subsection (n), by adding at the end the following: (3) Implementation In carrying out the amendments made by paragraph (1)(A)(i), and paragraph (1)(A)(iv) to add subsection (s) to section 484 of the Higher Education Act of 1965, or any regulations promulgated under such amendments, the Secretary of Education may waive the application of— (A) subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); (B) the master calendar requirements under section 482 of the Higher Education Act of 1965 ( 20 U.S.C. 1089 ); (C) negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ); and (D) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the Privacy Act of 1974 ), except that the notices shall be published not later than 180 days after the date of implementation of the amendments, as determined in accordance with paragraph (2). ; and (B) by adding at the end the following: (q) Early effective date; implementation (1) Effective date Notwithstanding section 701(b) of this title, the Secretary of Education may implement the amendment made by subsection (l)(1) of this section, which pertains only to foster youth and unaccompanied homeless youth, before (but not later than) July 1, 2023. The Secretary shall specify in a designation on what date, under what conditions, and for which award years the Secretary will implement such amendment prior to July 1, 2023. The Secretary shall publish any designation under this paragraph in the Federal Register at least 60 days before implementation. (2) Implementation In carrying out the amendment made by made by subsection (l)(1) of this section, which pertains only to foster youth and unaccompanied homeless youth, or any regulations promulgated under such amendment, which pertains only to foster youth and unaccompanied homeless youth, the Secretary of Education may waive the application of— (A) subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); (B) the master calendar requirements under section 482 of the Higher Education Act of 1965 ( 20 U.S.C. 1089 ); (C) negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ); and (D) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the Privacy Act of 1974 ), except that the notices shall be published not later than 180 days after the date of implementation of the amendment, as determined in accordance with paragraph (1). ; and (2) in section 705, by adding at the end the following: (c) Implementation In carrying out the repeal made by subsection (a), or any regulations promulgated under such repeal, the Secretary of Education may waive the application of— (1) subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ); (2) the master calendar requirements under section 482 of the Higher Education Act of 1965 ( 20 U.S.C. 1089 ); (3) negotiated rulemaking under section 492 of the Higher Education Act of 1965 ( 20 U.S.C. 1098a ); and (4) the requirement to publish the notices related to the system of records of the agency before implementation required under paragraphs (4) and (11) of section 552a(e) of title 5, United States Code (commonly known as the Privacy Act of 1974 ), except that the notices shall be published not later than 180 days after the date of implementation of the repeal, as determined in accordance with subsection (b). . (b) Technical amendment to cost of attendance (1) In general Section 472(a)(13) of the Higher Education Act of 1965, as amended by section 702(b) of the FAFSA Simplification Act (title VII of division FF of Public Law 116–260 ), is amended by inserting , or the average cost of any such fee or premium, as applicable after on such loan . (2) Effective date The amendment made by paragraph (1) shall take effect as if included in section 702 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. | https://www.govinfo.gov/content/pkg/BILLS-117s1440is/xml/BILLS-117s1440is.xml |
117-s-1441 | II 117th CONGRESS 1st Session S. 1441 IN THE SENATE OF THE UNITED STATES April 28, 2021 Mr. Wicker (for himself, Mr. Kaine , Ms. Collins , Mr. King , Mrs. Shaheen , Mr. Cotton , Mr. Blumenthal , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To appropriate an additional amount to improve the Navy shipyard infrastructure of the United States.
1. Short title This Act may be cited as the Supplying Help to Infrastructure in Ports, Yards, and America’s Repair Docks Act of 2021 or the SHIPYARD Act . 2. Findings Congress makes the following findings: (1) Since the beginning of our Nation, the four public shipyards that support the United States Navy have continued to be foundational cornerstones of the strategic infrastructure of the United States, and those shipyards will continue to be so in the future. (2) Although originally built in the age of sailing ships, the shipyards have been incrementally updated overtime, but in 2021, are in need of a generational investment to modernize and upgrade the outdated facilities to ensure they can continue to repair the United States Navy for another 200 years. This Act would provide the necessary authorities and appropriations to make those strategic assets ready to meet the future demands of the United States, while securing and expanding domestic capabilities across many sectors of the economy critical to ensuring the independence of the United States from, and preventing over-reliance, on foreign commerce. (3) On November 1, 1767, Andrew Sprowle, a merchant and ship owner, established Gosport Shipyard on the western shore of the Elizabeth River, in the Colony of Virginia, under the British flag. The shipyard developed and prospered as both a naval and merchant shipyard, supporting the maritime industry that was critical to the survival of the early colonies and then to the fledgling United States. When the American Revolution began, the infrastructure resident at this former colonial shipyard became a nucleus in the Hampton Roads, Virginia, area for the United States Navy. For more than 230 years, the Norfolk Naval Shipyard has assisted the United States in winning nine major wars, putting an end to piracy, sending the Great White Fleet around the world, supporting scientific exploration of the Pacific, and opening Asia to United States trade. Today, the Norfolk Naval Shipyard conducts critical maintenance to the Nation’s Nuclear Navy to include aircraft carriers, ballistic missile submarines, and fast attack submarines. (4) On June 12, 1800, under the administration of President John Adams, the Portsmouth Naval Shipyard was established. The Portsmouth Naval Shipyard is the United States Navy’s oldest continuously operating shipyard. In 1776, during the Revolutionary War, the USS Raleigh was built in Kittery, Maine, and became the first vessel to fly an American flag into battle. For more than 221 years, the Portsmouth Naval Shipyard has contributed to the Nation’s security and has been instrumental in United States diplomacy, when, in 1905, President Theodore Roosevelt selected the Portsmouth Naval Shipyard as the location to host the Treaty of Portsmouth, which ended the Russo-Japanese War. Today, the Portsmouth Naval Shipyard overhauls, refuels, and modernizes the Nation's fast attack submarine fleet. (5) In 1889, Congress approved a budget to purchase land around Sinclair Inlet in Kitsap County, Washington. In 1892, additional land was added and the United States Navy broke ground for the construction of the first of six dry-docks that would form what is now the Puget Sound Naval Shipyard. Since that time, the shipyard was front and center in supporting the Nation’s efforts in World War I, World War II, and the Korean War by constructing submarines, surface ships, and support vessels required to win those wars. In late 1965, the USS Sculpin (SSN 590) became the first nuclear-powered submarine worked on at the Puget Sound Naval Shipyard. The Shipyard site at Naval Base Kitsap-Bremerton provides longer-term, full-service maintenance and inactivation and recycling work on aircraft carriers, surface ships, and submarines, utilizing six drydocks and adjacent piers. (6) On May 13, 1908, Navy Yard Pearl Harbor was officially established on the Hawaiian Island of Oahu, and the Navy Yard has proven to be vital to the defense of the United States and its interests in the Asia-Pacific region. The shipyard has been instrumental in enabling the United States to secure sea-lanes of communication and commerce that has strengthened the Nation’s ability to project power across the expansive Pacific and Indian Oceans. For generations, the shipyard has supported the global interests of the United States in a critical geographic region. On December 7, 1941, Pearl Harbor and the Navy Yard at Pearl Harbor were the scene of a devastating attack on the United States by the Imperial Japanese Navy. Despite the devastating attack, the shipyard and its workers were able to return ships damaged in the attack back into service and enabled the United States to win the Pacific War. For more than 113 years, the Pearl Harbor Naval Shipyard’s strategic location in the Pacific has assured the safety and prosperity of the United States through the maintenance of Navy ships. Today the shipyard supports the maintenance of the Navy’s nuclear submarine fleet as well as surface ships. (7) In April 2013, the Navy provided Congress a public shipyard investment plan, which identified investments needed to optimize, improve, and rebuild shipyard facilities, electrical infrastructure, environmental systems, and equipment, and needed to improve the timely return of ships and submarines back to the fleet following maintenance and modernization, to support the combat readiness of the United States. To this end, the Navy developed the Shipyard Infrastructure Optimization Program, which is a comprehensive, 20-year, $21,000,000,000 effort to modernize infrastructure at the four naval shipyards through— (A) performing critical dry dock repairs; (B) restoring and optimally placing shipyard facilities; and (C) replacing aging and deteriorating capital equipment. (8) In addition to the Nation’s public shipyards, the United States continues to rely on the capacity and capabilities of private new construction and repair shipyards to meet the strategic maritime needs of the United States Navy, the United States Coast Guard, and the Nation’s maritime industry. Such shipyards, located on every coast of the United States, also require substantial recapitalization and reconfiguration in order to meet the construction and sustainment requirements of our maritime Nation. This Act recognizes the vital role such private shipyards play in the United States and accordingly authorizes and appropriates funds to ensure they are able to continue to provide those strategic capabilities in the future. 3. Navy shipyard infrastructure improvement (a) Appropriation (1) In general Out of any money in the Treasury of the United States not otherwise appropriated, there is appropriated, as an additional amount for Defense Production Act Purchases , $25,000,000,000, to remain available until expended, to improve, in accordance with subsection (b) and using the authority provided by section 303(e) of the Defense Production Act of 1950 ( 50 U.S.C. 4533(e) ), the Navy shipyard infrastructure of the United States. (2) Supplement not supplant Amounts appropriated under paragraph (1) shall supplement and not supplant other amounts appropriated or otherwise made available for the purpose described in paragraph (1). (3) Waiver of certain limitations During the 20-year period beginning on the date of the enactment of this Act, the following requirements of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.) shall not apply to amounts appropriated under paragraph (1): (A) The requirement for a determination of the President under section 303(e)(1) of that Act ( 50 U.S.C. 4533(e)(1) ). (B) The requirement under section 304(e) of that Act ( 50 U.S.C. 4534(e) ) that amounts in the Defense Production Act Fund in excess of the amount specified in that subsection be paid into the general fund of the Treasury at the end of a fiscal year. (4) Emergency designation The amount appropriated under paragraph (1) is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2)(A)(i) ). (b) Use of funds (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary of Defense shall make the amounts appropriated under subsection (a) directly available to the Secretary of the Navy for obligation and expenditure. (2) Allocation of funds The Secretary of the Navy shall allocate the amounts appropriated under subsection (a) as follows: (A) $21,000,000,000 for Navy public shipyard facilities, dock, dry dock, capital equipment improvements, and dredging efforts needed by such shipyards. (B) $2,000,000,000 for Navy private new construction shipyard facilities, dock, dry dock, capital equipment improvements, and dredging efforts needed by such shipyards. (C) $2,000,000,000 for Navy private repair shipyard facilities, dock, dry dock, capital equipment improvements, and dredging efforts needed by such shipyards. (3) Use of funds for procurement of certain services Notwithstanding any provision of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.), amounts appropriated under subsection (a) may be used for the procurement of architect-engineer and construction services at Navy public shipyards. (4) Projects in addition to other construction projects Construction projects undertaken using amounts appropriated under subsection (a) shall be in addition to and separate from any military construction program authorized by any Act to authorize appropriations for a fiscal year for military activities of the Department of Defense and for military construction. (c) Definitions In this section: (1) Navy public shipyard The term Navy public shipyard means the following: (A) The Norfolk Naval Shipyard, Virginia. (B) The Pearl Harbor Naval Shipyard, Hawaii. (C) The Portsmouth Naval Shipyard, Maine. (D) The Puget Sound Naval Shipyard, Washington. (2) Navy private new construction shipyard The term Navy private new construction shipyard — (A) means any shipyard in which one or more combatant or support vessels included in the most recent plan submitted under section 231 of title 10, United States Code, are being built or are planned to be built; and (B) includes vendors and suppliers of the shipyard building or planning to build a combatant or support vessel. (3) Navy private repair shipyard The term Navy private repair shipyard — (A) means any shipyard that performs or is planned to perform maintenance or modernization work on a combatant or support vessel included in the most recent plan submitted under section 231 of title 10, United States Code; and (B) includes vendors and suppliers of the shipyard performing or planning to perform maintenance or modernization work on a combatant or support vessel. | https://www.govinfo.gov/content/pkg/BILLS-117s1441is/xml/BILLS-117s1441is.xml |
117-s-1442 | II 117th CONGRESS 1st Session S. 1442 IN THE SENATE OF THE UNITED STATES April 28, 2021 Ms. Cortez Masto (for herself and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish the Corporation for Career Pathways to promote pathways to unfilled and emerging job markets, and for other purposes.
1. Short titles This Act may be cited as the Workforce Promotion to Access Training to Help Workers, Adults, and Youths Succeed Act or the Workforce PATHWAYS Act . 2. Purposes The purposes of this Act are— (1) to provide a coordinated process for developing a national strategy to ensure that United States’ students and workers have access to affordable, relevant, and innovative education and job training that will equip them to compete and win in the global economy; (2) to prepare Americans for the 21st Century economy and the emerging industries of the future by— (A) providing an environment of lifelong learning and skills-based training; and (B) cultivating a demand-driven approach to the opportunities available; (3) to establish a promotional public-private partnership that— (A) analyzes economic trends; (B) promotes pathways to unfilled and emerging job markets; and (C) guides current and future workers in the United States economy by providing information to empower economic mobility and security for United States workers; (4) to use economic and labor data and a honed marketing campaign to reduce the barriers to choosing a career, or a career transition, with more effective outreach and information that is amenable and understandable for the worker and the business community; (5) to use information and marketing to reduce the stigma or uncertainties surrounding many quality and essential professions in the United States; (6) to work with private employers, educational institutions, labor unions, other nonprofit organizations, and State, territorial, tribal, and local governments to update and reshape the education and job training landscape in the United States; and (7) to work to aide and strengthen United States workers in the wake of a global pandemic that has inflicted significant pain on their economic and physical well-being . 3. Corporation for Career Pathways (a) Establishment There is authorized to be established a nonprofit corporation, which— (1) shall be known as the Corporation for Career Pathways (referred to in this Act as the Corporation ); (2) shall not be an agency or establishment of the United States Government; and (3) shall be subject to the provisions of the District of Columbia Nonprofit Corporation Act ( chapter 4 of title 29, District of Columbia Official Code) to the extent that such provisions are consistent with this section. (b) Mission and vision (1) Mission The mission of the Corporation is to increase awareness of career pathways for United States workers, educators, and employers by promoting workforce development initiatives, educational programs, and other opportunities that develop skills relevant to high-demand industries— (A) to create a healthier, more resilient, and more sustainable workforce; and (B) to increase our Nation’s global competitiveness. (2) Vision The vision of the Corporation is working through an innovative public-private partnership to use strategic data analytics, an effective public marketing campaign, and the dissemination of timely information to provide the tools workers, educators, and employers need— (A) to create greater economic mobility; (B) to promote greater job creation or employment; (C) to reduce long-tenured displaced and dislocated workers; and (D) to increase the Nation’s gross-domestic product, export potential, and overall economic strength. (c) Board of Directors (1) In general The Corporation shall have a Board of Directors (referred to in this section as the Board ) consisting of 21 members, who— (A) shall be appointed by the Secretary of Labor, in consultation with the Secretary of Commerce, the Secretary of Education, the Administrator of the Small Business Administration, the Director of the National Economic Council, and the Chairman of the Council of Economic Advisors; (B) shall have knowledge of the domestic job market, education opportunities, and career development; (C) shall collectively represent diverse ethnicities and regions of the United States; and (D) shall be United States citizens. (2) Membership Of the members appointed pursuant to paragraph (1)(A)— (A) 1 member shall have appropriate expertise and experience at a 4-year institution of higher education; (B) 1 member shall have appropriate expertise and experience at a 2-year institution of higher education; (C) 1 member shall have appropriate expertise and experience at a career and technical training institution; (D) 1 member shall have appropriate expertise and experience in other adult education opportunities; (E) 1 member shall have appropriate expertise and experience at a primary or secondary public school, especially in preparing students in a career and technical education environment; (F) in selecting the members described in subparagraphs (A) through (E), the Secretary of Labor should give strong consideration to including at least 1 member with specific experience in career or academic counseling; (G) 1 member shall have appropriate expertise and experience in State or local workforce boards; (H) 1 member shall have appropriate expertise and experience with economics of the labor market, including possible work in academia; (I) 1 member shall have appropriate expertise and experience in a labor organization representing private sector unions, including through established apprenticeship programs; (J) 1 member shall have appropriate expertise and experience in a labor organization representing public sector unions, including through established apprenticeship programs; (K) 1 member shall have appropriate expertise and experience in a private sector business trade association, such as a Chamber of Commerce; (L) 1 member shall have appropriate expertise and experience in small business or entrepreneurship, or their associations; (M) 1 member shall have appropriate expertise and experience in state or regional economic development; (N) 2 members shall have appropriate expertise and experience in a nonprofit organization that specializes in assisting workers with job placement and other needs, at least 1 of which shall specialize in assisting minority workers; (O) 1 member shall have appropriate expertise and experience in a nonprofit organization that provides job and vocational education to unemployed and underemployed individuals; (P) 1 member shall have appropriate expertise and experience in a nonprofit organization that specializes in helping assist veterans in career development and job placement; (Q) 1 member shall have appropriate expertise and experience in a nonprofit organization that specializes in helping assist disabled workers; (R) 1 member shall have appropriate expertise and experience in a nonprofit organization that specializes in helping assist at-risk youth; (S) 1 member shall have appropriate expertise and experience in a nonprofit organization that specializes in helping assist in rehabilitating workers after incarceration; and (T) 2 members shall have appropriate expertise and experience in areas not identified in subparagraphs (A) through (S) (such as areas within the technology, energy, and health care sectors), as determined by the Secretary of Labor, in consultation with the other officials referred to in paragraph (1)(A). (3) Incorporation The initial members of the Board shall serve as incorporators and shall take whatever actions are necessary to establish the Corporation under the District of Columbia Nonprofit Corporation Act ( chapter 4 of title 29, District of Columbia Official Code). (4) Term of office (A) In general Except as provided in subparagraph (B), the term of office of each member of the Board shall be 3 years. (B) Exceptions Of the members initially appointed to the Board under this subsection— (i) 7 members shall be appointed for an initial 4-year term; (ii) 7 members shall be appointed for an initial 3-year term; and (iii) 7 members shall be appointed for an initial 2-year term. (5) Removal for cause The Secretary of Labor may remove any member from the Board for good cause. (6) Vacancies (A) In general Any vacancy in the Board shall not affect the authority of the Board and shall be filled in the manner required under this subsection. (B) Service after expiration of term Any member of the Board whose term has expired may continue to serve on the Board until the earlier of— (i) the date on which the member’s successor has taken office; or (ii) the last day of the calendar year in which the member’s term has expired. (C) Length of appointment Any member of the Board appointed to fill a vacancy occurring before the expiration of the term for which that member’s predecessor was appointed shall be appointed for the remainder of such predecessor’s term. (D) Term limit A member of the Board may not serve more than 2 consecutive terms (in addition to an initial 2-year term, if applicable). (7) Election of chair and vice chairs Members of the Board shall— (A) annually elect a member to be Chair; and (B) elect 1 or 2 members to be Vice Chair every 2 years. (8) Meetings (A) Open to the public Meetings of the Board, including any committee of the Board, shall be open to the public. The Board may, by majority vote, close any such meeting only for the time necessary to preserve the confidentiality of commercial or financial information that is privileged or confidential, to discuss personnel matters, or to discuss legal matters affecting the Corporation, including pending or potential litigation. (B) Frequency; locations The Chair shall convene Board meetings not less frequently than 4 times per year in diverse locations throughout the United States. (C) Local input During Board meetings, members of the Board— (i) shall be briefed by local officials and individuals with appropriate expertise in the topic under discussion; and (ii) shall review the efforts of the Board and impact of actions taken by the Board. (D) Virtual attendance Not fewer than 1 of the Board meetings each year may be conducted virtually to reduce travel and lodging costs. Members of the Board may attend any Board meeting virtually if the member explains to the Board why his or her virtual attendance is necessary. (9) Not federal employees Notwithstanding any other provision of law, members of the Board may not be considered to be employees of the United States Government as a result of their service as members of the Board. (10) Compensation; expenses Members of the Board may not receive any compensation from the Federal Government for their service on the Board, but shall be paid actual travel expenses and per diem in lieu of subsistence expenses when they are away from their usual place of residence, in accordance with section 5703 of title 5, United States Code. (11) Annual objectives The Board shall establish annual objectives through a workforce strategy for the Corporation for each fiscal year, subject to approval by the Secretary of Labor, in consultation with the Secretary of Commerce, the Secretary of Education, the Administrator of the Small Business Administration, the Director of the National Economic Council, and the Chairman of the Council of Economic Advisors. (12) Budget Not later than 60 days before the beginning of each fiscal year, the Board shall— (A) submit a copy of the Corporation’s budget for the upcoming fiscal year to the Secretary of Labor, which budget shall include a detailed explanation of any expenditure provided for in the budget in excess of $5,000,000; and (B) post a copy of the budget and explanation described in subparagraph (A) on the Corporation's website. (d) Officers and employees (1) In general (A) Officers The Board shall hire United States citizens to serve as the Executive Director of the Corporation and as such other officers as may be necessary to carry out the duties of the Corporation. (B) Employees The Executive Director, under the direction of the Board, shall hire such employees of the Corporation as may be necessary, including— (i) individuals with expertise and experience in labor market economics, (ii) individuals with private and public sector experience; (iii) individuals with expertise and experience in public relations; and (iv) individuals with expertise and experience in labor relations. (C) Length of service Officers and employees hired pursuant to subparagraphs (A) and (B) shall serve for terms fixed by the Board and at the pleasure of the Board. (D) Compensation (i) In general The Corporation may fix the compensation of officers and employees hired pursuant to subparagraphs (A) and (B). (ii) Limitation Except as provided in clause (iii), officers and employees of the Corporation may not receive any salary or other compensation from any sources other than the Corporation for services rendered during their employment by the Corporation. (iii) Service for other organizations Officers may receive compensation for service on the Board of Directors or a committee of an organization that does not receive funds from the Corporation if such service has been approved in advance by the Board and is subject to the provisions of the Corporation's Statement of Ethical Conduct. (2) Nonpolitical nature of appointment No political test or qualification may be used in selecting, appointing, promoting, or taking other personnel actions with respect to officers or employees of the Corporation. (e) Nonprofit and nonpolitical nature of Corporation (1) Stock The Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends. (2) Profit No part of the income or assets of the Corporation shall inure to the benefit of any director, officer, employee, or any other individual except as salary or reasonable compensation for services. (3) Political contributions The Corporation may not contribute to or otherwise support any political party or candidate for elective public office. Individual members of the Board are not prohibited from such activities when acting in their personal capacity. (4) Lobbying activities It is the sense of Congress that the Corporation should not engage in lobbying activities (as defined in section 3(7) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(7) ). Individual members of the Board are not prohibited from such activities in their personal capacity. (5) Broad focus In carrying out its duties under this section, the Corporation may not overtly prioritize any particular group of jobs or industries beyond what is statistically justified. (f) Duties and powers (1) Annual reports (A) Operations Not later than March 1st of each year, the Corporation shall submit a report to the Secretary of Labor, which shall include, with respect to the preceding fiscal year— (i) a comprehensive and detailed description of the Corporation’s operations, activities, financial condition, and accomplishments in promoting United States workers, the domestic job market, and career pathways, including any actions authorized under paragraph (5); (ii) a comprehensive and detailed accounting of amounts obligated or expended by the Corporation; (iii) a detailed description of each in-kind contribution received by the Corporation, including, for each such contribution— (I) its fair market value; (II) the individual or organization responsible for making the contribution; (III) its specific use; and (IV) a justification for its use within the context of the Corporation’s mission; (iv) an objective and quantifiable measurement of the progress made, on an objective-by-objective basis, in meeting the objectives established by the Board and included within the annual workforce strategy; (v) an explanation of any challenges to achieve an objective established by the Board and any revisions or alterations to the Corporation’s objectives established by the Board pursuant to the annual workforce strategy; (vi) such recommendations as the Board considers appropriate for all workforce stakeholders, including the Executive branch, Congress, States, and local governments. (B) Workforce strategy Not later than January 1st of each year, the Corporation shall develop and submit to the Secretary of Labor an annual workforce strategy for engaging all labor market stakeholders about opportunities or changes to useful degrees, registered apprenticeship programs, and certifications or skill sets, which shall include— (i) setting specific workforce performance goals to be supported by the Corporation that benefit all States, territories, and the District of Columbia; (ii) identifying opportunities and strategies to create more job and career building opportunities and mobility to rural, urban, and suburban areas; (iii) evaluating the current and future state of the United States workforce, including projected emerging job and skill needs across all sectors of the United States economy; (iv) identifying and addressing potential impacts of emerging technologies on the workforce; (v) providing information pertaining to— (I) the 25 job classifications that are currently in the highest demand in each State or region, according to the latest State and regional assessments and reports; (II) the 50 job classifications that are currently in the highest demand nationwide; and (III) the emerging job market trends anticipated 5 years and 10 years into the future; (vi) taking a strategic look at whether it is more accurate or effective to break the lists referred to in clause (v) into regions, rather than breaking them up exclusively along State lines; (vii) exploring and providing information on how to better connect the appropriate employers and workers, including by highlighting emerging industries to better link potential employees to the business and job markets that are hiring; (viii) identifying necessary general skill sets, such as time management, judgement and decision making, operation monitoring, coordination, speaking, critical thinking, active listening, and material resource management, that are most desired, important, and needed by employers and the most in-demand jobs and careers; (ix) identifying the necessary specific skill sets needed to match the demands of the Nation, State, or region’s in-demand job markets; (x) identifying the current education and training capacity of United States educational and vocational institutions and career pathways to meet the workforce needs identified pursuant to clauses (iii) and (v), including fields for which there is a shortfall or surplus of education and training capacity; (xi) identifying and addressing what motivates workers and promoting such motivators; (xii) identifying and addressing barriers to retaining individuals in careers; (xiii) identifying and addressing factors influencing individuals pursuing careers in in-demand fields, including barriers to attracting individuals into such fields, particularly young people and traditionally underrepresented populations, including women and minorities; (xiv) considering how Federal agencies, businesses, industries, labor organizations, educators, and other stakeholders can coordinate efforts to support qualified individuals in pursuing careers in high-demand fields; (xv) identifying and addressing the most effective manner to transition between jobs or between geographic locations; (xvi) identifying and addressing any potential stigmas or misperceptions, that influence whether young individuals pursue careers associated with certain jobs or career paths in in-demand fields; (xvii) facilitating and encouraging elementary, secondary, and postsecondary students in the United States to pursue careers in in-demand fields; (xviii) identifying and developing pathways for students and individuals to secure apprenticeships readiness, registered apprenticeships, and other work-based learning opportunities in in-demand fields; (xix) identifying methods of enhancing apprenticeships readiness and registered apprenticeships, job skills training, mentorship, education, and outreach programs that are exclusive to youth, veterans, disabled persons, and senior citizens in the United States; (xx) identifying potential sources of funding, including grants and scholarships, that may be used to support youth, veterans, disabled persons, senior citizens, and other qualified individuals in pursuing careers in high-demand fields; (xxi) reevaluating education and workforce training programs to meet constantly changing employer needs and engaging with business leaders, educational institutions, and community-based organizations to ensure that the needs of the workforce are being offered in education and training; (xxii) creating policies that build pathways between secondary education, post-secondary education, training institutions, and business communities; (xxiii) ensuring that secondary education, post-secondary education, workforce training, and business development programs consider equity by targeting investments in low-income neighborhoods, which often results in higher growth rates and broader equity and inclusivity; and (xxiv) conducting outreach to employers to persuade the employers to adopt these options, including the registered apprenticeship model. (C) Marketing plan In conjunction with the workforce strategy developed pursuant to subparagraph (B), the Corporation shall develop and submit an annual marketing plan to the Secretary of Labor that— (i) incorporates the elements described in subparagraph (B); (ii) helps individuals chart a career path that will place them in the middle class or higher without having to work more than 1 job; (iii) informs individuals of professional development opportunities, including the advantageous longitudinal outcomes associated with such opportunities; (iv) markets the options regionally to employers, nonprofit organizations, workforce boards, potential apprentices, secondary school students, counselors, school administrators, and parents; (v) maximizes the economic benefits to the United States by promoting effective business and workforce integration in the United States through advertising, outreach to educational institutions, labor organizations, business trade shows, and other appropriate promotional activities; (vi) addresses ways to diversify the employment and career pathways in many industries by— (I) providing employment opportunities to underrepresented communities; (II) promoting diversity among these options by marketing and supporting outreach to underrepresented populations, including women and minorities; and (III) increasing access for vulnerable or underrepresented populations, especially women and minorities, to high skill and other in-demand careers; (vii) more effectively coordinates veterans, seniors, and disabled populations into the job market; (viii) includes regional, State, or local analyses in the Corporation’s materials and marketing efforts; (ix) evaluates and provides awards or recognition in accordance with paragraph (4); and (x) includes a Workforce Report Card to monitor the progress made towards meeting annual workforce performance goals established pursuant to subparagraph (B)(i). (2) Annual united states career forecast and resource guide Not later than April 1st of each year, the Corporation, using elements required in the annual workforce strategy and any other information and resources readily available from Federal, State, and local governments, consortiums, and academic institutions, shall publish an annual public United States Career Forecast and Resource Guide that provides such information in a plain, understandable way— (A) to educate the American public regarding the United States job market, including— (i) information regarding in-demand industries, workforce needs, and pathways for training for and obtaining available jobs; and (ii) identifying and correcting common misperceptions regarding such issues; (B) to provide useful, understandable, and concrete information to students, workers, businesses, scholars, scientists, and others involved in the United States job market; (C) to identify the workforce needs of the United States economy, broken down by State, or regions, as appropriate, and time period, including government employment and other public service employment; (D) to outline effective career development opportunities that include additional or complementary career pathways; (E) to promote opportunities and pathways for small businesses and entrepreneurship; (F) to provide a list of Federal and State resources to assist United States workers, educators, or career counselors to navigate relevant career pathways in fields in which more workers are needed; (G) to advocate for the implementation of education and training systems, including registered apprenticeships, that are fully aligned with workforce needs; (H) to promote underrepresented communities in in-demand industries; (I) to include rural workforce and job markets in all workforce development efforts; (J) to focus on in-demand industries and populations that are most likely to drive the United States economy; (K) to outline the economic and other benefits of filling domestic job markets with properly trained United States workers through advertising, outreach to workforce and business associations, and other appropriate promotional activities; and (L) to identify efforts that can be made by employers, educators, and workers to provide for greater income mobility and economic stability in the future job market. (3) Distribution of report and strategy Not later than 60 days after receiving each operations report pursuant to paragraph (1)(A) and each workforce strategy pursuant to paragraph (1)(B), the Secretary of Labor shall submit a copy of such report and strategy to— (A) the Secretary of Education; (B) the Secretary of Commerce; (C) the Administrator of the Small Business Administration; (D) the Director of the National Economic Council; (E) the Chairperson of the Council of Economic Advisors; (F) the Committee on Appropriations of the Senate ; (G) the Committee on Commerce, Science, and Transportation of the Senate ; (H) the Committee on Health, Education, Labor, and Pensions of the Senate ; (I) the Committee on Appropriations of the House of Representatives ; (J) the Committee on Energy and Commerce of the House of Representatives ; and (K) the Committee on Education and Labor of the House of Representatives . (4) Recognition awards The Corporation shall establish an awards program to annually recognize— (A) workers and students who achieve excellence in registered apprenticeships, adult education programs, career and technical education programs, or other nontraditional workforce development pathways; (B) educational institutions that take unique or innovative approaches to developing a skilled workforce; and (C) businesses that take unique or innovative approaches to developing a skilled workforce. (5) Powers In order to carry out the activities required under this subsection, the Corporation may— (A) obtain grants from, partner with, and make contracts with, Federal and State agencies, trade associations, private companies, coalitions, and other institutions with relevant expertise; (B) hire or accept the voluntary services of consultants, experts, advisory boards, and panels to aid the Corporation in carrying out such activities; and (C) take such other actions as may be necessary to accomplish such activities. (g) Website The Corporation shall develop and maintain a publicly accessible website through which it shall— (1) provide information to the public, including stakeholders; (2) conduct public outreach activities; and (3) distribute marketing campaign materials, including the resource guide described in subsection (f)(2). (h) Use of available data and statistics In carrying out all of the duties and activities described in this section, the Corporation shall— (1) make use of all relevant and available data and statistics used by Federal and State agencies, as appropriate, including reports, data collection, surveys, and the similar efforts; (2) take all necessary precautions to avoid maintaining any individual’s personal information; and (3) make available the data, information, and statistics it collects for the responsible use by Federal and State agencies, as appropriate, including reports, data collection, surveys, and similar efforts. 4. Funding (a) Authorization of appropriations (1) In general There is authorized to be appropriated $25,000,000 for each of the fiscal years 2022 through 2026 to carry out this Act. (2) Additional funding during periods of high unemployment During any of the fiscal years referred to in paragraph (1) in which the United States unemployment rate exceeds 10 percent, there is authorized to be appropriated an additional $25,000,000 to carry out this Act. (b) Non-Federal contributions The Corporation shall seek up to $25,000,000 annually in contributions from— (1) United States corporations; (2) local chambers of commerce; (3) institutions of higher education, including vocational schools; (4) State and local governments; (5) workforce boards; (6) nonprofit organizations; (7) labor organizations; and (8) other interested stakeholders that the Corporation considers appropriate. (c) United States Career Pathways Fund (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the United States Career Pathways Fund . (2) Deposits There shall be deposited into the United States Career Pathways Fund— (A) amounts appropriated pursuant to subsection (a); and (B) amounts donated to the Corporation for Career Pathways in accordance with subsection (b). (3) Use of fees Amounts deposited into the United States Career Pathways Fund shall remain available until expended for grants for the Corporation or for State and local workforce boards to assist in the implementation of the annual workforce strategy described in section 3(f)(1)(B). (d) Matching public and private funding (1) Start-up expenses (A) In general Subject to paragraph (3), of the amounts deposited into the United States Career Pathways Fund pursuant to subsection (c)(2), the Secretary of the Treasury shall make available to the Corporation up to $10,000,000 to cover the Corporation's initial expenses and activities under this Act. (B) Quarterly transfers Transfers from the United States Career Pathways Fund to the Corporation shall be made not less frequently than quarterly, beginning on January 1, 2022, on the basis of estimates by the Secretary of the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess or less than the amounts required to be transferred. (2) Funding for subsequent fiscal years Subject to paragraph (3), for each of the fiscal years 2022 through 2026, the Secretary of the Treasury shall transfer make quarterly transfers from the United States Career Pathways Fund to the Corporation in an amount that is equal to the amount deposited into the United States Career Pathways Fund during the prior quarter. (3) Matching requirement (A) In general Amounts may not be transferred to the Corporation under this subsection unless, for each of the fiscal years 2023 through 2026, the Corporation provides a non-Federal match equal to the amount transferred to the Fund under paragraph (2) for each such fiscal year. (B) Goods and services (i) In general For the purpose of determining the value of the non-Federal match under subparagraph (A) the fair market value of goods and services (including advertising) contributed to the Corporation— (I) may be included in the determination; and (II) may not account for more than 80 percent of the matching requirement in any fiscal year. (ii) Right of refusal The Corporation may decline to accept any in-kind contribution determined to be inappropriate, not useful, or commercially worthless. (C) Waiver The matching requirement under subparagraph (A) shall be waived during the 12-month period beginning on the date on which the United States unemployment rate is greater than 10 percent. (D) Limitation The Corporation may not obligate or expend funds in excess of the total amount received by the Corporation for a fiscal year from Federal and non-Federal sources. (4) Carryforward (A) Federal funds Amounts transferred to the Fund under paragraph (1) or (2) shall remain available until expended. (B) Matching funds Any amount received by the Corporation from non-Federal sources in any of fiscal year 2022 through 2026 that cannot be used to meet the matching requirement under paragraph (3)(A) for the fiscal year in which amount was collected may be carried forward and treated as having been received in the succeeding fiscal year for purposes of meeting such matching requirement in such succeeding fiscal year. (e) Limitations on use of funds (1) In general Amounts deposited into the Corporation for Career Pathways Account may not be used for any purpose other than carrying out the responsibilities of the Corporation under this subsection. (2) Major campaigns The Board may not authorize the Corporation to obligate or expend more than $15,000,000 on any advertising campaign, promotion, or related effort unless— (A) at least 10 members of the Board are present (including virtual presence, as authorized under paragraph 3(c)(8)(D)) at the meeting at which such obligation or expenditure is approved; (B) such obligation or expenditure is approved by an affirmative vote of at least 2/3 of such members; and (C) each member of the Board was given at least 3 days advance notice of the meeting at which the vote on the obligation or expenditure is to be taken that identifies the matters to be voted upon at such meeting. (f) Accountability (1) Annual financial audits (A) In general The Corporation shall contract with an independent accounting firm to conduct an annual financial audit of the Corporation’s operations and shall publish the results of each audit on its public website. (B) GAO review The Comptroller General of the United States may— (i) review any audit of a financial statement conducted under subparagraph; and (ii) conduct periodic audits of the Corporation's operations. (2) Program review Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall— (A) conduct a review of the programmatic activities of the Corporation; and (B) submit a report to the appropriate congressional committees that contains the results of such review. (3) Access to records The Corporation shall provide Congress and the Comptroller General of the United States with full and complete access to the books and records of the Corporation. | https://www.govinfo.gov/content/pkg/BILLS-117s1442is/xml/BILLS-117s1442is.xml |
117-s-1443 | II 117th CONGRESS 1st Session S. 1443 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Wyden (for himself, Mr. Brown , Ms. Cantwell , Mr. Cardin , 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 permit treatment of student loan payments as elective deferrals for purposes of employer matching contributions, and for other purposes.
1. Short title This Act may be cited as the Retirement Parity for Student Loans Act . 2. Treatment of student loan payments as elective deferrals for purposes of matching contributions (a) In general Subparagraph (A) of section 401(m)(4) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (i), by striking the period at the end of clause (ii) and inserting , and , and by adding at the end the following new clause: (iii) subject to the requirements of paragraph (13), any employer contribution made to a defined contribution plan on behalf of an employee on account of a qualified student loan payment. . (b) Qualified student loan payment Paragraph (4) of section 401(m) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Qualified student loan payment The term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred by the employee to pay qualified higher education expenses, but only— (i) to the extent such payments in the aggregate for the year do not exceed an amount equal to— (I) the limitation applicable under section 402(g) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by (II) the elective deferrals made by the employee for such year, and (ii) if the employee certifies to the employer making the matching contribution under this paragraph that such payment has been made on such loan. For purposes of this subparagraph, the term qualified higher education expenses means the cost of attendance (as defined in section 472 of the Higher Education Act of 1965, as in effect on the day before the date of the enactment of the Taxpayer Relief Act of 1997) at an eligible educational institution (as defined in section 221(d)(2)). . (c) Matching contributions for qualified student loan payments Subsection (m) of section 401 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (13) as paragraph (14), and by inserting after paragraph (12) the following new paragraph: (13) Matching contributions for qualified student loan payments (A) In general For purposes of paragraph (4)(A)(iii), an employer contribution made to a defined contribution plan on account of a qualified student loan payment shall be treated as a matching contribution for purposes of this title if— (i) the plan provides matching contributions on account of elective deferrals at the same rate as contributions on account of qualified student loan payments, (ii) the plan provides matching contributions on account of qualified student loan payments only on behalf of employees otherwise eligible to receive matching contributions on account of elective deferrals, (iii) under the plan, all employees eligible to receive matching contributions on account of elective deferrals are eligible to receive matching contributions on account of qualified student loan payments, and (iv) the plan provides that matching contributions on account of qualified student loan payments vest in the same manner as matching contributions on account of elective deferrals. (B) Treatment for purposes of nondiscrimination rules, etc (i) Nondiscrimination rules For purposes of subparagraph (A)(iii), subsection (a)(4), and section 410(b), matching contributions described in paragraph (4)(A)(iii) shall not fail to be treated as available to an employee solely because such employee does not have debt incurred under a qualified education loan (as defined in section 221(d)(1)). (ii) Student loan payments not treated as plan contribution Except as provided in clause (iii), a qualified student loan payment shall not be treated as a contribution to a plan under this title. (iii) Matching contribution rules Solely for purposes of meeting the requirements of paragraph (11)(B) or (12) of this subsection, or paragraph (11)(B)(i)(II), (12)(B), or (13)(D) of subsection (k), a plan may treat a qualified student loan payment as an elective deferral or an elective contribution, whichever is applicable. (iv) Actual deferral percentage testing In determining whether a plan meets the requirements of subsection (k)(3)(A)(ii) for a plan year, the plan may apply the requirements of such subsection separately with respect to all employees who receive matching contributions described in paragraph (4)(A)(iii) for the plan year. (C) Employer may rely on employee certification The employer may rely on an employee certification of payment under paragraph (4)(D)(ii). . (d) Simple retirement accounts 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) Matching contributions for qualified student loan payments (i) In general Subject to the rules of clause (iii), an arrangement shall not fail to be treated as meeting the requirements of subparagraph (A)(iii) solely because under the arrangement, solely for purposes of such subparagraph, qualified student loan payments are treated as amounts elected by the employee under subparagraph (A)(i)(I) to the extent such payments do not exceed— (I) the applicable dollar amount under subparagraph (E) (after application of section 414(v)) for the year (or, if lesser, the employee's compensation (as defined in section 415(c)(3)) for the year), reduced by (II) any other amounts elected by the employee under subparagraph (A)(i)(I) for the year. (ii) Qualified student loan payment For purposes of this subparagraph— (I) In general The term qualified student loan payment means a payment made by an employee in repayment of a qualified education loan (as defined in section 221(d)(1)) incurred to pay qualified higher education expenses, but only if the employee certifies to the employer making the matching contribution that such payment has been made on such a loan. (II) Qualified higher education expenses The term qualified higher education expenses has the same meaning as when used in section 401(m)(4)(D). (iii) Applicable rules Clause (i) shall apply to an arrangement only if, under the arrangement— (I) matching contributions on account of qualified student loan payments are provided only on behalf of employees otherwise eligible to elect contributions under subparagraph (A)(i)(I), and (II) all employees otherwise eligible to participate in the arrangement are eligible to receive matching contributions on account of qualified student loan payments. . (e) 403 (b) plans Subparagraph (A) of section 403(b)(12) of the Internal Revenue Code of 1986 is amended by adding at the end the following: The fact that the employer offers matching contributions on account of qualified student loan payments as described in section 401(m)(13) shall not be taken into account in determining whether the arrangement satisfies the requirements of clause (ii) (and any regulation thereunder). . (f) 457 (b) plans Subsection (b) of section 457 of the Internal Revenue Code of 1986 is amended by adding at the end the following: A plan which is established and maintained by an employer which is described in subsection (e)(1)(A) shall not be treated as failing to meet the requirements of this subsection solely because the plan, or another plan maintained by the employer which meets the requirements of section 401(a), provides for matching contributions on account of qualified student loan payments as described in section 401(m)(13). . (g) Regulatory authority The Secretary of the Treasury (or such Secretary's delegate) shall prescribe regulations for purposes of implementing the amendments made by this section, including regulations— (1) permitting a plan to make matching contributions for qualified student loan payments, as defined in sections 401(m)(4)(D) and 408(p)(2)(F) of the Internal Revenue Code of 1986, as added by this section, at a different frequency than matching contributions are otherwise made under the plan, provided that the frequency is not less than annually; (2) permitting employers to establish reasonable procedures to claim matching contributions for such qualified student loan payments under the plan, including an annual deadline (not earlier than 3 months after the close of each plan year) by which a claim must be made; and (3) promulgating model amendments which plans may adopt to implement matching contributions on such qualified student loan payments for purposes of sections 401(m), 408(p), 403(b), and 457(b) of the Internal Revenue Code of 1986. (h) Effective date The amendments made by this section shall apply to contributions made for years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1443is/xml/BILLS-117s1443is.xml |
117-s-1444 | II 117th CONGRESS 1st Session S. 1444 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Federal Trade Commission Act to establish requirements and responsibilities for entities that use, store, or share personal information, to protect personal information, and for other purposes.
1. Short title This Act may be cited as the Mind Your Own Business Act of 2021 . 2. Definitions In this Act: (1) Automated decision system The term automated decision system means a computational process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques, that makes a decision or facilitates human decision making, that impacts consumers. (2) Automated decision system impact assessment The term automated decision system impact assessment means a study evaluating an automated decision system and the automated decision system’s development process, including the design and training data of the automated decision system, for impacts on accuracy, fairness, bias, discrimination, privacy, and security that includes, at a minimum— (A) a detailed description of the automated decision system, its design, its training, data, and its purpose; (B) an assessment of the relative benefits and costs of the automated decision system in light of its purpose, taking into account relevant factors, including— (i) data minimization practices; (ii) the duration for which personal information and the results of the automated decision system are stored; (iii) what information about the automated decision system is available to consumers; (iv) the extent to which consumers have access to the results of the automated decision system and may correct or object to its results; and (v) the recipients of the results of the automated decision system; (C) an assessment of the risks posed by the automated decision system to the privacy or security of personal information of consumers and the risks that the automated decision system may result in or contribute to inaccurate, unfair, biased, or discriminatory decisions impacting consumers; and (D) the measures the covered entity will employ to minimize the risks described in subparagraph (C), including technological and physical safeguards. (3) Commission The term Commission means Federal Trade Commission. (4) Consumer The term consumer means an individual. (5) Covered entity The term covered entity — (A) means any person, partnership, or corporation over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ) that— (i) had greater than $50,000,000 in average annual gross receipts for the 3-taxable-year period preceding the most recent fiscal year, as determined in accordance with paragraphs (2) and (3) of section 448(c) of the Internal Revenue Code of 1986; (ii) possesses or controls personal information on more than— (I) 1,000,000 consumers; or (II) 1,000,000 consumer devices; (iii) is substantially owned, operated, or controlled by a person, partnership, or corporation that meets the requirements under clauses (i) or (ii); or (iv) is a data broker or other commercial entity that, as a substantial part of their business, collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell or trade the information or provide third-party access to the information. (6) Data protection impact assessment The term data protection impact assessment means a study evaluating the extent to which an information system protects the privacy and security of personal information the system processes. (7) Executive capacity The term executive capacity means an assignment within an organization in which the employee primarily— (A) directs the management of the organization or a major component or function of the organization; (B) establishes the goals and policies of the organization, component, or function; (C) exercises wide latitude in discretionary decision-making; and (D) receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization. (8) High-risk automated decision system The term high-risk automated decision system means an automated decision system that— (A) taking into account the novelty of the technology used and the nature, scope, context, and purpose of the automated decision system, poses a significant risk— (i) to the privacy or security of personal information of consumers; or (ii) of resulting in or contributing to inaccurate, unfair, biased, or discriminatory decisions impacting consumers; (B) makes decisions, or facilitates human decision making, based on systematic and extensive evaluations of consumers, including attempts to analyze or predict sensitive aspects of their lives, such as their work performance, economic situation, health, personal preferences, interests, behavior, location, or movements, that— (i) alter legal rights of consumers; or (ii) otherwise significantly impact consumers; (C) involves the personal information of a significant number of consumers regarding race, color, national origin, political opinions, religion, trade union membership, genetic data, biometric data, health, gender, gender identity, sexuality, sexual orientation, criminal convictions, or arrests; (D) systematically monitors a large, publicly accessible physical place; or (E) meets any other criteria established by the Commission in regulations issued under section 7(b)(1). (9) High-risk information system The term high-risk information system means an information system that— (A) taking into account the novelty of the technology used and the nature, scope, context, and purpose of the information system, poses a significant risk to the privacy or security of personal information of consumers; (B) involves the personal information of a significant number of consumers regarding race, color, national origin, political opinions, religion, trade union membership, genetic data, biometric data, health, gender, gender identity, sexuality, sexual orientation, criminal convictions, or arrests; (C) systematically monitors a large, publicly accessible physical place; or (D) meets any other criteria established by the Commission in regulations issued under section 7(b)(1). (10) Information system The term information system — (A) means a process, automated or not, that involves personal information, such as the collection, recording, organization, structuring, storage, alteration, retrieval, consultation, use, sharing, disclosure, dissemination, combination, restriction, erasure, or destruction of personal information; and (B) does not include automated decision systems. (11) Journalism The term journalism means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. (12) Personal information The term personal information means any information, regardless of how the information is collected, inferred, or obtained that is reasonably linkable to a specific consumer or consumer device. (13) Share The term share — (A) means the actions of a person, partnership, or corporation transferring information to another person, partnership, or corporation; and (B) includes actions to knowingly— (i) share, exchange, transfer, sell, lease, rent, provide, disclose, or otherwise permit access to information; (ii) enable or facilitate the collection of personal information by a third party; or (iii) use personal information substantially at the direction of or substantially for the benefit of a third party. (14) Store The term store — (A) means the actions of a person, partnership, or corporation to retain information; and (B) includes actions to store, collect, assemble, possess, control, or maintain information. (15) Third party The term third party means any person, partnership, or corporation that is not— (A) the person, partnership, or corporation, whether a covered entity or not, that is sharing the personal information; (B) solely performing an outsourced function of the person, partnership, or corporation sharing the personal information if— (i) the person, partnership, or corporation is contractually or legally prohibited from using, storing, or sharing the personal information after the conclusion of the outsourced function; and (ii) the person, partnership, or corporation is complying with regulations promulgated under subparagraphs (A) and (B) of section 7(b)(1), regardless of whether the person, partnership, or corporation is a covered entity; or (C) a person, partnership, or corporation for whom the consumer gave opt-in consent for the covered entity to disclose the personal information of the consumer. (16) Use The term use means the actions of a person, partnership, or corporation in using information, including actions to use, process, or access information. 3. Noneconomic injury The first sentence of section 5(n) of the Federal Trade Commission Act ( 15 U.S.C. 45(n) ) is amended by inserting , including those involving noneconomic impacts and those creating a significant risk of unjustified exposure of personal information, after cause substantial injury . 4. Civil penalty authority Section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) is amended— (1) in subsection (b)— (A) in the fifth sentence, by inserting , and it may, in its discretion depending on the nature and severity of the violation, include in the cease and desist order an assessment of a civil penalty, which shall be not more than an amount that is the greater of $50,000 per violation, taken as an aggregate sum of all violations, and 4 percent of the total annual gross revenue of the person, partnership, or corporation for the prior fiscal year before the period at the end; (2) in subsection (l)— (A) in the first sentence, by striking of not more than $10,000 for each violation and inserting , which shall be not more than an amount that is the greater of $50,000 per violation, taken as an aggregate sum of all violations, and 4 percent of the total annual gross revenue of the person, partnership, or corporation for the prior fiscal year ; and (3) in subsection (m)(1)— (A) in subparagraph (A), in the second sentence, by striking of not more than $10,000 for each violation and inserting , which shall be not more than an amount that is the greater of $50,000 per violation, taken as an aggregate sum of all violations, and 4 percent of the total annual gross revenue of the person, partnership, or corporation for the prior fiscal year ; and (B) in subparagraph (B), in the matter following paragraph (2), by striking of not more than $10,000 for each violation and inserting , which shall be not more than an amount that is the greater of $50,000 per violation, taken as an aggregate sum of all violations, and 4 percent of the total annual gross revenue of the person, partnership, or corporation for the prior fiscal year . 5. Annual data protection reports (a) Reports (1) In general Each covered entity that has not less than $1,000,000,000 per year in revenue and stores, shares, or uses personal information on more than 1,000,000 consumers or consumer devices or any covered entity that stores, shares, or uses personal information on more than 50,000,000 consumers or consumer devices shall submit to the Commission an annual data protection report describing in detail whether, during the reporting period, the covered entity complied with the regulations promulgated in accordance with subparagraphs (A) and (B) of section 7(b)(1). To the extent that the covered entity did not comply with these regulations, this statement shall include a description of which regulations were violated and the number of consumers whose personal information was impacted. (2) Regulations Not later than 2 years after the date of enactment of this Act, the Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, carrying out this subsection. (b) Failure of corporate officers To certify privacy and data security reports (1) In general Chapter 63 of title 18, United States Code, is amended by adding at the end the following: 1352. Failure of corporate officers to certify data protection reports (a) Definitions In this section: (1) Covered entity The term covered entity has the meaning given the term in section 2 of the Mind Your Own Business Act of 2021 . (2) Willfully The term willfully means the voluntary, intentional violation of a known legal duty. (b) Certification of annual data protection reports Each annual report filed by a company with the Federal Trade Commission pursuant to section 5(a) of the Mind Your Own Business Act of 2021 shall be accompanied by a written statement by the chief executive officer and chief privacy officer (or equivalent thereof) of the company. (c) Content The statement required under subsection (b) shall certify that the annual report fully complies with the requirements of section 5(a) of the Mind Your Own Business Act of 2021 . (d) Criminal penalties Whoever— (1) certifies any statement as set forth in subsections (b) and (c) of this section knowing that the annual report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than the greater of $1,000,000 or 5 percent of the largest amount of annual compensation the person received during the previous 3-year period from the covered entity, imprisoned not more than 10 years, or both; or (2) willfully certifies any statement as set forth in subsections (b) and (c) of this section knowing that the annual report accompanying the statement does not comport with all the requirements set forth in this section shall be fined not more than $5,000,000 or 25 percent of the largest amount of annual compensation the person received during the previous 3-year period from the covered entity, imprisoned not more than 20 years, or both. . (2) Technical and conforming amendment The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following: 1352. Failure of corporate officers to certify data protection reports. . 6. Do not track data sharing opt out (a) Regulations Not later than 2 years after the date of enactment of this Act, the Commission shall promulgate regulations, in accordance with section 553 of title 5, United States Code, to— (1) implement and maintain a Do Not Track data sharing opt-out website— (A) that allows consumers to opt-out of data sharing with 1 click after the consumer is logged into the website, view their opt-out status, and change their opt-out status; (B) the effect of which opt-out is to prevent— (i) covered entities from sharing the personal information of the consumer with third parties, including personal information shared with or stored by the covered entity prior to the opt-out unless— (I) the sharing is necessary for the primary purpose for which the consumer provided the personal information; and (II) the third party with whom the personal information was shared does not retain or use the personal information for secondary purposes; and (ii) covered entities from storing or using personal information of the consumer that has been shared with them by non-covered entities, not including personal information shared with or stored by the covered entity prior to the opt-out; (C) that is reasonably accessible and usable by consumers; and (D) that enables consumers to make use of the features described in subparagraph (A) through an Application Programming Interface; (2) as part of the implementation of the opt-out website described in paragraph (1)— (A) maintain a record of the opt-out status of consumers enrolled through the opt-out website, including the date and time when the consumer opted out; (B) enable consumers to convey their opt-out status to covered entities in 1 or more privacy-protecting ways through technological means determined by the Commission, such as through a consumer’s web browser or operating system; (C) enable covered entities to determine whether a particular consumer is enrolled in the opt-out website in a privacy-preserving way that does not result in the disclosure of any personal information other than a consumer’s opt-out status to that covered entity; and (D) enable covered entities to make use of the mechanism described in subparagraph (C) through an Application Programming Interface, for which the Commission may charge a reasonable fee to cover the costs of operating the opt-out registry and access to the system; (3) require that a covered entity be bound by the opt-out of a consumer when the opt-out is conveyed through the opt-out website implemented and maintained by the Commission— (A) immediately for new customers; and (B) within 30 days for existing customers or consumers who are not customers, unless, after the consumer has opted out in the manner described in paragraph (1)(A), the covered entity receives, in accordance with the procedures described in paragraph (10), consent from the consumer to not be bound by the consumer’s opt-out; (4) require covered entities that store or use personal data on consumers with which they— (A) do not have a direct relationship; or (B) otherwise do not have the ability to determine the consumer’s opt-out preference through one of the technological means established pursuant to paragraph (2)(B); to make a good-faith effort to determine the consumer’s opt-out status at least as frequently as determined by the Commission, through the Application Programming Interface maintained by the Commission pursuant to paragraph (2)(D); (5) permit covered entities to not be bound by the consumer’s opt-out for— (A) disclosures made to the government that are either required or permitted by law; (B) disclosures made pursuant to an order of a court or administrative tribunal; (C) disclosures made in response to a subpoena, discovery request, or other lawful process provided that such process is accompanied by a protective order that— (i) prohibits the parties from using or disclosing the personal information for any purpose other than the litigation or proceeding for which such personal information was requested; and (ii) requires the return to the covered entity or destruction of the personal information (including all copies made) at the end of the litigation or proceeding; or (D) disclosures made to investigate, protect themselves and their customers from, or recover from fraud, cyber attacks, or other unlawful activity; (6) establish standards and procedures, including through an Application Programming Interface, for a covered entity to request, not more frequently than once per calendar year unless a consumer is signing up for a product or service, and obtain consent from a consumer who has opted-out in the manner described in paragraph (1)(A) for the covered entity to not be bound by the opt-out, provided such standards and procedures— (A) require the covered entity to provide the consumer, at the time the covered entity is seeking consent, in accordance with paragraph (10), and in a form that is understandable to a reasonable consumer— (i) a list of each third party with whom the personal information of the consumer will or may be shared by the covered entity; (ii) a description of the personal information of that consumer that will or may be shared; and (iii) a description of the purposes for which the personal information of that consumer will or may be shared; (B) if the covered entity requires consent as a condition for providing a product or service, require the covered entity to— (i) notify the consumer that he or she can obtain a substantially similar product or service in exchange for monetary payment or other compensation rather than by permitting the covered entity to share the consumer’s personal information, as provided in subsection (b)(1)(B); and (ii) with respect to the notice described in clause (i)— (I) make the notice in a clear and conspicuous manner; and (II) include the cost of the fee, if any, and instructions for obtaining the substantially similar product or service described in clause (i); (C) if the covered entity does not require consent as a condition for providing a product or service, require the covered entity to clearly and conspicuously notify the consumer that the consumer may refuse to provide consent but still obtain the product or service; and (D) require the covered entity to notify the consumer of his or her right, and how to exercise that right, to later withdraw consent for the covered entity to not be bound by the consumer’s opt-out; (7) not less frequently than every 2 years, examine the information that is presented to consumers in accordance with the procedures described in paragraph (6) to make sure that the information is useful, understandable, and to the extent possible, does not result in notification and consent fatigue; (8) establish standards and procedures requiring that when a non-covered entity that is not the consumer shares personal information about that consumer with a covered entity, the covered entity shall make reasonable efforts to verify the opt-out status of the consumer whose personal information has been shared with the covered entity, after which the covered entity may only store or use that personal information for the benefit of the covered entity— (A) if the consumer has not opted-out in the manner described in paragraph (2)(A); or (B) (i) if the non-covered entity knowingly enabled or facilitated the collection of personal information by the covered entity and the covered entity itself receives consent from the consumer to store or use the consumer’s personal information in accordance with paragraph (9); or (ii) if the non-covered entity otherwise shares the information with the covered-entity and the consumer has given consent in accordance with paragraph (9) to the covered entity or non-covered entity for the non-covered entity to share the consumer’s personal information with the specific covered entity; (9) establish standards and procedures for a person, partnership, or corporation to request and obtain consent from a consumer, in accordance with paragraph (8)(B) that clearly identifies the covered entity that will be storing or using the personal information and provides the consumer, at the time the person, partnership, or corporation is seeking consent, in accordance with paragraph (10), and in a form that is understandable to a reasonable consumer— (A) the name and contact information of the person, partnership, or corporation from whom the personal information of that consumer is to be obtained; (B) a description of the personal information of that consumer that will be shared; and (C) a description of the purposes for which the personal information of that consumer will be shared; (10) detail the standardized form and manner in which certain information related to sharing shall be disclosed to consumers, which shall, to the extent that the Commission determines to be practicable and appropriate, be in the form of a table that— (A) contains clear and concise headings for each item of such information; and (B) provides a clear and concise form for stating each item of information required to be disclosed under each such heading; and (11) permit a consumer to withdraw his or her consent to a covered entity to not be bound by the consumer’s opt-out at any time, including through an Application Programming Interface. (b) Acts prohibited (1) In general It shall be unlawful for any covered entity to condition its products or services upon a requirement that consumers— (A) change their opt-out status through the opt-out website maintained by the Commission pursuant to subsection (a)(2); or (B) give the covered entity consent to not be bound by the consumer’s opt-out status, unless the consumer is also given an option to pay a fee to use a substantially similar service that is not conditioned upon a requirement that the consumer give the covered entity consent to not be bound by the consumer’s opt-out status. (2) Fee (A) Disclosure Each covered entity shall disclose to a consumer the amount of the fee described in paragraph (1)(B), including the amount that the covered entity— (i) would have charged the consumer if the consumer had not opted out; and (ii) the amount that the covered entity is charging to recoup the cost of providing service to low-income consumers. (B) Amount Except as provided in subparagraph (C), the fee described in paragraph (1)(B) shall not be greater than the amount of monetary gain the covered entity would have earned had the average consumer not opted-out. (C) Exception No covered entity may charge a fee to any consumer that meets the requirements described in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or successor regulation). (D) Rulemaking The Commission may promulgate regulations to facilitate and ensure that covered entities are complying with subparagraph (C). (c) Enforcement by the Commission A violation of subsection (b) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). 7. Data protection authority (a) Acts prohibited It is unlawful for any covered entity to— (1) violate a regulation promulgated under subsection (b); or (2) knowingly provide substantial assistance to any person, partnership, or corporation whose actions violate this Act. (b) Regulations (1) In general Not later than 2 years after the date of enactment of this section, the Commission shall promulgate regulations, in accordance with section 553 of title 5, United States Code, that— (A) require each covered entity to establish and implement reasonable cyber security and privacy policies, practices, and procedures to protect personal information used, stored, or shared by the covered entity from improper access, disclosure, exposure, or use; (B) require each covered entity to implement reasonable physical, technical, and organizational measures to ensure that technologies or products used, produced, sold, offered, or leased by the covered entity that the covered entity knows or has reason to believe store, process, or otherwise interact with personal information are built and function consistently with reasonable data protection practices; (C) require each covered entity to designate at least 1 employee who reports directly to an employee acting in an executive capacity in the covered entity, to coordinate its efforts to comply with and carry out its responsibilities under this Act, including any request or challenge related to the sharing of personal information; (D) require each covered entity to provide once per calendar year, at no cost, not later than 30 business days after receiving a written request from a verified consumer about whom the covered entity stores personal information— (i) a reasonable means to review any stored personal information of that verified consumer, including the manner in which the information was collected and the date of collection, in a form that is understandable to a reasonable consumer; (ii) a reasonable means to challenge the accuracy of any stored personal information of that verified consumer, including— (I) by providing publicly accessible contact information for any employee responsible for overseeing such a challenge; and (II) implementing a reasonable process for responding to such challenges, including the ability of the covered entity to terminate an investigation of information disputed by a consumer under this clause, and providing notice to the consumer of such termination, if the covered entity reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information; (iii) a list of each person, partnership, or corporation with whom the personal information of that verified consumer was shared by the covered entity that— (I) does not include— (aa) disclosures to governmental entities pursuant to a court order or law that prohibits the covered entity from revealing that disclosure to the consumer; (bb) disclosures of personal information to third parties when the personal information of the consumer was made available to and readily accessible by the general public with the consent of the verified consumer and shared with the third party through a mechanism available to any member of the general public; or (cc) disclosures of information about the verified consumer that the covered entity did not obtain from that consumer, if revealing that disclosure of information would expose another consumer to likely harm; and (II) except as provided in subparagraph (I), includes, at a minimum— (aa) the name and contact information of each person, partnership, or corporation with whom the personal information of that verified consumer was shared; (bb) a description of the personal information of that verified consumer that was shared, in a form that is understandable to a reasonable consumer; (cc) a statement of the purposes for which the personal information of that verified consumer was shared; (dd) if the covered entity claims consent from the consumer as the basis for sharing, a statement of the circumstances surrounding that consumer consent, specifically when, where, and how the consent was obtained and by whom the consent was obtained; and (ee) a statement of when the personal information of that verified consumer was shared; and (iv) for any personal information about that verified consumer stored by the covered entity that the covered entity did not obtain directly from that verified consumer, a list identifying— (I) the name and contact information of each person, partnership, or corporation from whom the personal information of that verified consumer was obtained; (II) a description of the personal information, in a form that is understandable to a reasonable consumer; (III) a statement of the purposes for which the personal information of that verified consumer was obtained by the covered entity; and (IV) a statement of the purposes for which the personal information of that verified consumer was shared with the covered entity; (E) detail the standardized form and manner in which the information in subparagraph (D) shall be disclosed to consumers which shall, to the extent the Commission determines to be practicable and appropriate, be in the form of a table that— (i) contains clear and concise headings for each item of information; and (ii) provides a clear and concise form for stating each item of information required to be disclosed under each such heading; (F) require each covered entity to correct the stored personal information of the verified consumer if, after investigating a challenge by a verified consumer under subparagraph (D), the covered entity determines that the personal information is inaccurate; (G) require each covered entity to conduct automated decision system impact assessments of— (i) existing high-risk automated decision systems, as frequently as the Commission determines is necessary; and (ii) new high-risk automated decision systems, prior to implementation; provided that a covered entity may evaluate similar high-risk automated decision systems that present similar risks in a single assessment; (H) require each covered entity to conduct data protection impact assessments of— (i) existing high-risk information systems, as frequently as the Commission determines is necessary; and (ii) new high-risk information systems, prior to implementation; provided that a covered entity may evaluate similar high-risk information systems that present similar risks in a single assessment; (I) require each covered entity to conduct the impact assessments under subparagraphs (G) and (H), if reasonably possible, in consultation with external third parties, including independent auditors and independent technology experts; and (J) require each covered entity to reasonably address in a timely manner the results of the impact assessments under subparagraphs (G) and (H). (2) Consultation The Commission shall promulgate regulations under subparagraphs (A) and (B) of paragraph (1) in consultation with the National Institute of Standards and Technology. (3) Optional publication of impact assessments The impact assessments under subparagraphs (G) and (H) may be made public by the covered entity at its sole discretion. (4) Applicability The regulations promulgated under subparagraphs (D) and (F) of paragraph (1) shall only apply to information stored by a covered entity for the covered entity and not on behalf of another entity. (5) Reasonable fee A covered entity may charge a consumer a reasonable fee to cover the cost of any additional request described in paragraph (1)(D). (c) Preemption of private contracts It shall be unlawful for any covered entity to commit the acts prohibited in subsection (a), regardless of specific agreements between entities or consumers. (d) Enforcement by the commission (1) Unfair or deceptive acts or practices A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the commission (A) In general The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. (B) Privileges and immunities Any person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (C) Authority preserved Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (e) Enforcement by States (1) In general If the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates subsection (a), the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief. (2) Rights of Commission (A) Notice to Commission (i) In general Except as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general intends to bring such civil action. (ii) Contents The notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence. (4) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which— (i) the defendant is an inhabitant, may be found, or transacts business; or (ii) venue is proper under section 1391 of title 28, United States Code. (5) Actions by other State officials (A) In general In addition to a civil action brought by an attorney general of a State under paragraph (1), any other officer of a State who is authorized by the attorney general of the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by State attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. (f) Right of action by protection and advocacy organizations (1) In general A protection and advocacy organization designated under paragraph (3) may bring a civil action against a covered entity that violates subsection (a) in an appropriate district court of the United States to obtain appropriate relief. (2) Grants (A) In general Of the fines collected by the Commission, the Commission may award grants to protection and advocacy organizations designated under paragraph (3). (B) Allocation The Commission shall distribute amounts under this paragraph on the basis of the ratio of the population of each State represented by a designated protection and advocacy organization to the population of all States represented by designated protection and advocacy organizations. (3) Designation Each State may designate 1 protection and advocacy organization to bring a civil action under paragraph (1). 8. Bureau of Technology (a) Establishment There is established in the Commission a bureau to be known as the Bureau of Technology (referred to in this section as the Bureau ). (b) Chief Technologist The Bureau shall be headed by a chief technologist, who shall be appointed by the Chairman of the Commission. (c) Staff (1) In general Except as provided in paragraph (2), the Director of the Bureau may, without regard to the civil service laws (including regulations), appoint and terminate 50 additional personnel with expertise in management, technology, digital design, user experience, product management, software engineering, and other related fields to technologist and management positions to enable the Bureau to perform the duties of the Bureau. (2) Excepted service Not fewer than 40 of the additional personnel appointed under paragraph (1) shall be appointed to positions described in section 213.3102(r) of title 5, Code of Federal Regulations. (d) Authorization of appropriations There is authorized to be appropriated to the Bureau such sums as are necessary to carry out this section. 9. Additional personnel in the Bureau of Consumer Protection (a) In general Notwithstanding any other provision of law, the Director of the Bureau of Consumer Protection of the Federal Trade Commission may, without regard to the civil service laws (including regulations), appoint— (1) 100 additional personnel in the Division of Privacy and Identity Protection of the Bureau of Consumer Protection; and (2) 25 additional personnel in the Division of Enforcement of the Bureau of Consumer Protection. (b) Authorization of appropriations There is authorized to be appropriated to the Director of the Bureau of Consumer Protection such sums as may be necessary to carry out this section. 10. Complaint resolution The Commission shall create rules and guidance establishing procedures for the resolution of complaints by consumers regarding covered entities that improperly use, store, or share the personal information of consumers, including procedures to— (1) properly process and store complaints; (2) provide a consumer with email updates regarding the status of the consumer’s complaint; (3) create an online portal that allows a consumer to log in and track the status of the consumer’s complaint; (4) review and forward complaints to the correct person, partnership, corporation, government agency, or other entity; and (5) process and store each response from a person, partnership, corporation, government agency, or other entity to which a complaint was forwarded. 11. Application programming interfaces The Commission shall, in consultation with the National Institute of Standards and Technology and relevant stakeholders, including consumer advocates and independent technology experts— (1) standardize Application Programming Interfaces necessary to permit consumers and covered entities to programmatically avail themselves of the rights and responsibilities created by this Act; (2) permit and enable consumers to securely delegate the ability to make requests on their behalf; and (3) require covered entities to implement the Application Programming Interfaces, as appropriate. 12. News media protections Covered entities engaged in journalism shall not be subject to the obligations imposed under this Act to the extent that those obligations directly infringe on the journalism, rather than the business practices, of the covered entity. 13. Excise tax (a) In general Subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 50A Failure to certify data protection reports Sec. 5000D. Failure to certify data protection reports. 5000D. Failure to certify data protection reports (a) Imposition of tax In the case of any covered reporting entity with respect to which a responsible executive has been convicted under section 1352(d) of title 18, United States Code, there is imposed a tax equal to the amount determined under subsection (b). (b) Amount of tax (1) In general The amount determined under this subsection is the applicable percentage of the amount determined under paragraph (3). (2) Applicable percentage For purposes of paragraph (1), the applicable percentage is— (A) in the case of a covered reporting entity that is a corporation, the highest rate of tax in effect under section 11 for the taxable year which includes the date on which the specified annual data protection report to which the conviction relates is due, and (B) in the case of any other covered reporting entity, the highest rate of tax in effect under section 1 for such taxable year. (3) Amount determined (A) In general The amount determined under this paragraph is the sum of the covered compensation amounts of each responsible executive of the covered reporting entity who has been convicted under section 1352(d) of title 18, United States Code. (B) Covered compensation amount For purposes of subparagraph (A), the covered compensation amount with respect to any responsible executive is the largest amount of annual wages (as defined in section 3121(a), determined without regard to any dollar limitation contained in such section) of the responsible executive with respect to services performed for the covered reporting entity during the 3-year period preceding the year to which the specified annual data protection report relates. (c) Definitions For purposes of this section— (1) Covered reporting entity (A) In general The term covered reporting entity means any covered entity (as defined under section 2 of the Mind Your Own Business Act of 2021 ) which is required to file a specified annual data protection report. (B) Aggregation rules For purposes of this paragraph, all covered entities who are treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as one person. (2) Responsible executive For purposes of this subsection, the term responsible executive means, with respect to a covered reporting entity, any of the following officers: (A) The chief executive officer. (B) The chief privacy officer (or equivalent thereof). (3) Specified annual data protection report The term specified annual data protection report means the report required to be filed under section 5(a) of the Mind Your Own Business Act of 2021 . . (b) Clerical amendment The table of chapters for subtitle D of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Chapter 50A—Failure to certify data protection reports . 14. No preemption Nothing in this Act may be construed to preempt any State law. | https://www.govinfo.gov/content/pkg/BILLS-117s1444is/xml/BILLS-117s1444is.xml |
117-s-1445 | II 117th CONGRESS 1st Session S. 1445 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Grassley (for himself, Ms. Smith , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To revise counseling requirements for certain borrowers of student loans, and for other purposes.
1. Short title This Act may be cited as the Know Before You Owe Federal Student Loan Act of 2021 . 2. Pre-loan counseling and certification of loan amount Section 485(l) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(l) ) is amended— (1) in the subsection heading, by striking Entrance Counseling and inserting Pre-Loan Counseling ; (2) in paragraph (1)(A)— (A) in the matter preceding clause (i), by striking a disbursement to a first-time borrower of a loan and inserting the first disbursement of each new loan (or the first disbursement in each award year if more than one new loan is obtained in the same award year) ; and (B) in clause (ii)(I), by striking an entrance counseling and inserting a counseling ; (3) in paragraph (2)— (A) by striking subparagraph (G) and inserting the following: (G) An estimate of the borrower's monthly payment amount compared to the borrower's estimated monthly income after taxes, after living expenses (using Consumer Expenditure Survey data from the Bureau of Labor Statistics), after estimated health insurance costs, and after any other relevant expenses, based on— (i) the best available data on starting wages for the borrower's program of study, if available; and (ii) the estimated total student loan debt of the borrower, including— (I) Federal debt; (II) to the best of the institution's knowledge, private loan debt already incurred; and (III) the estimated future debt required to complete the program of study. ; and (B) by adding at the end the following: (L) A statement that the borrower should borrow the minimum amount necessary to cover expenses and that the borrower does not have to accept the full amount of loans for which the borrower is eligible. (M) A warning that the higher the borrower’s debt-to-income ratio is, the more difficulty the borrower is likely to experience in repaying the loan. (N) Options for reducing borrowing through scholarships, reduced expenses, work-study, or other work opportunities. (O) An explanation of the importance of graduating on time to avoid additional borrowing, what course load is necessary to graduate on time, and information on how adding an additional year of study impacts total indebtedness. ; and (4) by adding at the end the following: (3) (A) In addition to the other requirements of this subsection and in accordance with subparagraph (B), each eligible institution shall ensure that the student manually enter, either in writing or through electronic means, the exact dollar amount of Federal Direct Loan funding under part D that such student desires to borrow. (B) The eligible institution shall ensure that the student carries out the activity described in subparagraph (A)— (i) in the course of the process used by the institution for students to accept a student loan award; (ii) prior to the institution certifying a Federal Direct Loan under part D for disbursement to a student (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student); and (iii) after ensuring that the student has completed all of the pre-loan counseling requirements under this subsection. . 3. Required periodic disclosures during periods when loan payments are not required Section 433 of the Higher Education Act of 1965 ( 20 U.S.C. 1083 ) is amended— (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following: (f) Required periodic disclosures during periods when loan payments are not required During any period of time when a borrower of one or more loans, made, insured, or guaranteed under this part or part D is not required to make a payment to an eligible lender on the borrower's loan from that eligible lender, such eligible lender shall provide such borrower with a quarterly statement that includes, in simple and understandable terms— (1) the original principal amount of each of the borrower's loans, and the original principal amount of those loans in the aggregate; (2) the borrower's current balance, as of the time of the statement, as applicable; (3) the interest rate on each loan; (4) the total amount the borrower has paid in interest on each loan; (5) the aggregate amount the borrower has paid for each loan, including the amount the borrower has paid in interest, the amount the borrower has paid in fees, and the amount the borrower has paid against the balance; (6) the lender's or loan servicer's address, toll-free phone number, and webpage for payment and billing error purposes, including information about how a borrower can make voluntary payments when a loan is not in repayment status; (7) an explanation— (A) that the borrower has the option to pay the interest that accrues on each loan while the borrower is a student at an institution of higher education or during a period of deferment or forbearance, if applicable; and (B) if the borrower does not pay such interest while attending an institution or during a period of deferment or forbearance, any accumulated interest on the loan will be capitalized when the loan goes into repayment, resulting in more interest being paid over the life of the loan; (8) the amount of interest that has accumulated since the last statement based on the typical installment time period and the aggregate interest accrued to date; and (9) an explanation that making even small payments of any unspecified amount while the borrower is a student at an institution of higher education, or during a period of deferment or forbearance, if applicable, can help to offset interest accrual over the life of the loan. . 4. Conforming amendments (a) Program participation agreements Section 487(e)(2)(B)(ii)(IV) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(e)(2)(B)(ii)(IV) ) is amended— (1) by striking Entrance and exit counseling and inserting Pre-loan and exit counseling ; and (2) by striking entrance and exit counseling and inserting pre-loan and exit counseling . (b) Regulatory relief and improvement Section 487A of the Higher Education Act of 1965 ( 20 U.S.C. 1094a ) is amended by striking entrance and exit interviews and inserting pre-loan and exit interviews each place the term appears. | https://www.govinfo.gov/content/pkg/BILLS-117s1445is/xml/BILLS-117s1445is.xml |
117-s-1446 | II 117th CONGRESS 1st Session S. 1446 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Moran (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to submit to Congress a plan for obligating and expending Coronavirus pandemic funding made available to the Department of Veterans Affairs, and for other purposes.
1. Congressional oversight of Coronavirus pandemic funding made available to Department of Veterans Affairs (a) Plan and expenditures by Secretary (1) Plan Not later than 30 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 detailed plan for obligating and expending covered funds, including a detailed justification for each type of obligation of such funds. (2) Biweekly reports Not less frequently than once every 14 days during the period beginning on the date on which the plan under paragraph (1) is submitted and ending seven days after the date on which the Secretary has expended all covered funds, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report detailing the obligation and expenditure of, and the planned use for, such funds during the period covered by the report, including a written justification for any deviation in such obligations, expenditures, or planned uses from such plan. (b) Inspector General audits (1) In general Not later than 120 days after the date of the enactment of this Act, and semiannually thereafter for three years or until the Secretary has expended all covered funds, whichever occurs first, the Inspector General of the Department 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 examining the obligations and expenditures made using covered funds during the period covered by the report. (2) Contents Each report submitted under paragraph (1) shall include the following: (A) A comparison of how the funds are being obligated and expended to how the funds were planned to be obligated and expended in the plan under subsection (a)(1). (B) Areas of waste, fraud, and abuse, if any. (C) Such other matters as the Inspector General considers appropriate. (c) Comptroller General reviews (1) Interim report Not later than September 30, 2022, the Comptroller General of the United States shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report containing a review of obligations and expenditures made using covered funds. (2) Contents The report submitted under paragraph (1) shall include the following: (A) A review of the process of the Department of Veterans Affairs for preparing the request for funds. (B) An explanation of how the expenditure of such funds met the goals of the Department during the public health emergency for which the funds were made available. (C) Any recommendations to improve the process of identifying needs and expending funds during similar situations in the future. (D) A review of the plans of the Department to continue programs or investments that were begun with such funds but will continue after such funds are expended. (3) Final report Not later than September 30, 2024, the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a final report on the matters specified under paragraph (2). (d) Covered funds defined In this section, the term covered funds means funds that are made available to the Department of Veterans Affairs pursuant to— (1) the Families First Coronavirus Response Act ( Public Law 116–127 ); (2) the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ); or (3) the American Rescue Plan Act of 2021 ( Public Law 117–2 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1446is/xml/BILLS-117s1446is.xml |
117-s-1447 | II 117th CONGRESS 1st Session S. 1447 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Manchin (for himself, Mr. Casey , Mr. Warner , Mr. Kaine , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to extend the period during which certain reclamation fees are required to be paid.
1. Short title This Act may be cited as the Abandoned Mine Land Reclamation Fee Extension Act . 2. Abandoned mine land reclamation fee Section 402(b) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(b) ) is amended by striking September 30, 2021 and inserting September 30, 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s1447is/xml/BILLS-117s1447is.xml |
117-s-1448 | II 117th CONGRESS 1st Session S. 1448 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Grassley (for himself, Ms. Smith , and Ms. Ernst ) 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 make technical improvements to the Net Price Calculator system so that prospective students may have a more accurate understanding of the true cost of college.
1. Short title This Act may be cited as the Net Price Calculator Improvement Act . 2. Minimum standards for net price calculators Section 132(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h) ) is amended— (1) by redesignating paragraph (4) as paragraph (6); (2) in paragraph (2), by inserting before the period , and, not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, shall meet the requirements of paragraph (4)(C) ; (3) in paragraph (3), by inserting after the first sentence the following: Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, such calculator shall meet the requirements of paragraph (4). ; and (4) by inserting after paragraph (3) the following: (4) Minimum requirements for net price calculators Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements: (A) The link for the calculator— (i) is clearly labeled as a net price calculator and prominently, clearly, and conspicuously (in such size and contrast (such as shade) that it is readily noticeable and readable) posted in locations on the institution’s website where information on costs and aid is provided (such as financial aid, prospective students, or tuition and fees web pages); (ii) matches in size and font to the other prominent links on the primary menu; and (iii) may also be included on the institution’s compliance web page, which contains information relating to compliance with Federal, State, and local laws. (B) The input screen for the net price calculator displays a chart of the net prices for students receiving Federal student financial aid under title IV (as required by subsection (i)(5)) for the most recent academic year for which data are available, disaggregated by income categories. (C) The results screen for the calculator specifies the following information: (i) The individual net price (as calculated under paragraph (2)) for the individual student, which is the most visually prominent figure on the results screen, including a statement of— (I) the year for which the net price applies; and (II) the year from which the data was used to determine that net price. (ii) Cost of attendance, including— (I) the total estimated cost for a student to complete the program of study, based on normal time for completion of, or graduation from, the student’s particular program of study; (II) the total annual cost of attendance; (III) annual tuition and fees; (IV) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution; (V) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution; (VI) estimated annual cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution; and (VII) a statement of— (aa) the year for which each cost described in this clause applies; and (bb) the year from which the data was used to determine each cost described in this clause. (iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to the individual student, showing the subtotal for each category and the total of all sources of grant aid, and disaggregated by academic year for normal time for completion of, or graduation from, the student’s particular program of study. (iv) Percentage of the first-time, full-time undergraduate students enrolled in the institution who received any type of grant aid described in clause (iii), disaggregated by their first year and subsequent years of enrollment up to the number of years for normal completion of, or graduation from, their particular program of study. (v) The disclaimer described in paragraph (6). (vi) In the case of a calculator that— (I) includes questions to estimate a student’s (or prospective student’s) eligibility for veterans’ education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or (II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates— (aa) that certain students (or prospective students) may qualify for such benefits; (bb) states why the institution is not including questions to estimate a student’s eligibility for such benefits; and (cc) includes a link to an appropriate Federal website that provides information about such benefits. (D) The institution populates the calculator with data from not earlier than 2 academic years prior to the most recent academic year. (5) Prohibition on use of data collected by the net price calculator A net price calculator for an institution of higher education shall— (A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator; (B) in the case of a calculator that requests contact information from users, clearly mark such requests as optional ; (C) prohibit any personally identifiable information provided by users from being sold or made available to third parties; and (D) clearly state Any information that you provide on this site is confidential. The Net Price Calculator does not store your responses or require personal identifying information of any kind. . . 3. Universal net price calculator Section 132(h) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(h) ), as amended by section 2, is further amended by adding at the end the following: (7) Universal net price calculator (A) In general The Secretary may develop a universal net price calculator that is housed within the Department of Education, with Department branding, and that may be based on or utilize an existing platform developed by a public or private entity, that— (i) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection; (ii) provides the information required under subparagraphs (C) and (D) of paragraph (4) for each institution for which a net price is being sought; (iii) is developed in consultation with the heads of relevant Federal agencies; and (iv) before being finalized and publicly released, is tested in accordance with subparagraph (B). (B) Consumer testing (i) In general If the Secretary develops a universal net price calculator under subparagraph (A), the Secretary, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the universal net price calculator developed under this paragraph for consumer testing among representatives of students (including low-income students, first generation college students, adult students, and prospective students), students' families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. (ii) Length of consumer testing The Secretary shall ensure that the consumer testing lasts no longer than 6 months after the process for consumer testing is developed under clause (i). (iii) Use of results The results of consumer testing under clause (i) shall be used in the final development of the universal net price calculator. (iv) Reporting requirement Not later than 3 months after the date the consumer testing under clause (i) concludes, the Secretary shall submit to Congress the final universal net price calculator and a report detailing the results of such testing, including whether the Secretary added any additional items to the calculator as a result of such testing. (v) Authority to modify The Secretary may modify the definitions, terms, formatting, and design of the universal net price calculator based on the results of consumer testing required under this paragraph and before finalizing the calculator. (8) Report from Secretary Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act , the Secretary shall submit a report to Congress on steps taken to raise awareness of net price calculators among prospective students and families, particularly among students in middle school and high school and students from low-income families. . | https://www.govinfo.gov/content/pkg/BILLS-117s1448is/xml/BILLS-117s1448is.xml |
117-s-1449 | II 117th CONGRESS 1st Session S. 1449 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Daines (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Tariff Act of 1930 to protect personally identifiable information, and for other purposes.
1. Short title This Act may be cited as the Moving Americans Privacy Protection Act . 2. Protection of personally identifiable information (a) In general Paragraph (2) of section 431(c) of the Tariff Act of 1930 ( 19 U.S.C. 1431(c) ) is amended to read as follows: (2) (A) The information listed in paragraph (1) shall not be available for public disclosure if— (i) the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure is likely to pose a threat of personal injury or property damage; or (ii) the information is exempt under the provisions of section 552(b)(1) of title 5, United States Code. (B) The Secretary shall ensure that any personally identifiable information, including Social Security numbers and passport numbers, is removed from any manifest signed, produced, delivered, or electronically transmitted under this section before access to the manifest is provided to the public. . (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 30 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1449is/xml/BILLS-117s1449is.xml |
117-s-1450 | II 117th CONGRESS 1st Session S. 1450 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Barrasso (for himself and Mr. Tester ) 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 expanded coverage of services furnished by genetic counselors under part B of the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Access to Genetic Counselor Services Act of 2021 . 2. Medicare coverage of genetic counseling services (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (GG); (B) by adding and at the end of subparagraph (HH); and (C) by adding at the end the following new subparagraph: (II) covered genetic counseling services (as defined in subsection (lll)(1)); ; and (2) by adding at the end the following new subsection: (lll) Covered genetic counseling services (1) The term covered genetic counseling services means genetic counseling services furnished by a genetic counselor (as defined in paragraph (2)) (and such services and supplies furnished as an incident to the provision of such services) as would otherwise be covered under this title if furnished by a physician (or as incident to a physician’s service). (2) The term genetic counselor means an individual who— (A) is licensed as a genetic counselor by the State in which the individual furnishes genetic counseling services; or (B) in the case of an individual practicing in a State that does not license genetic counselors, meets such other criteria as the Secretary establishes. The provisions of this paragraph shall not be construed as preventing other practitioners, including those providing telehealth services, from providing covered genetic counseling services within the scope of their practice. . (b) Physicians’ services Section 1848(j)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(j)(3) ) is amended by inserting (2)(II), after (2)(FF) (including administration of the health risk assessment), . (c) Payment (1) In general Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (A) by striking and before (DD) ; and (B) by inserting before the semicolon at the end the following: , and (EE) with respect to covered genetic counseling services under section 1861(s)(2)(II), furnished by a genetic counselor, the amount of payment for such service shall be an amount equal to 85 percent of the lesser of the actual charge for the services or the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician . (2) Modifier Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (z) Use of modifier with respect to genetic counseling services (1) Establishment Not later than January 1, 2022, the Secretary shall establish a modifier to be utilized with evaluation and management CPT codes to indicate (in a form and manner specified by the Secretary), in the case of covered genetic counseling services under section 1861(s)(2)(II), if such services were furnished by a genetic counselor. (2) Required use Each request for payment, or bill submitted using evaluation and management CPT codes, for covered genetic counseling services (as defined in section 1861(lll)(1)) furnished by a genetic counselor (as defined in section 1861(lll)(2)) on or after January 1, 2022, shall include the modifier established under subparagraph (A) for each such service. . (d) Assignment of payment Section 1833(r) of the Social Security Act ( 42 U.S.C. 1395l(r) ) is amended by adding at the end the following new paragraph: (3) Application to genetic counselors The provisions of paragraphs (1) and (2) shall apply with respect to covered genetic counseling services described in section 1861(s)(2)(II) and genetic counselors (as defined in section 1861(lll)(2)) in the same manner as such provisions apply with respect to services described in section 1861(s)(2)(K)(ii) and nurse practitioners. . (e) Conforming amendment Section 1862(a)(14) of the Social Security Act (42 U.S.C. 1395(y)(a)(14)) is amended by inserting covered genetic counseling services, after qualified psychologist services, . (f) Effective date (1) In general The amendments made by this section shall apply to services furnished on or after January 1, 2022. (2) Implementation The Secretary of Health and Human Services may implement the amendments made by this section by interim final rule with comment period. | https://www.govinfo.gov/content/pkg/BILLS-117s1450is/xml/BILLS-117s1450is.xml |
117-s-1451 | II 117th CONGRESS 1st Session S. 1451 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Collins (for herself and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the Foreign Assistance Act of 1961 to implement policies to end preventable maternal, newborn, and child deaths globally.
1. Short title This Act may be cited as the Reach Every Mother and Child Act of 2021 . 2. Assistance to end preventable maternal, newborn, and child deaths globally The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq.) is amended by adding at the end of chapter I of part I the following new section: 138. Assistance to end preventable maternal, newborn, and child deaths globally (a) Purpose The purpose of this section is to implement a strategic approach for providing foreign assistance in order to end preventable child and maternal deaths globally by 2030. (b) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the United States Agency for International Development. (2) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (3) Coordinator The term Coordinator means the Child and Maternal Survival Coordinator designated under subsection (e). (4) International maternal and child health and nutrition programs The term international maternal and child health and nutrition programs means all programs carried out using funds appropriated or otherwise made available for international maternal and child health and nutrition that are managed by the Bureau for Global Health, missions, or other operating units of the United States Agency for International Development. (5) Most vulnerable populations The term most vulnerable populations includes adolescents, populations in conflict-affected or fragile areas, indigenous populations, religious minorities, individuals with disabilities, and the poorest quintile in urban and remote locations. (6) Priority countries The term priority countries means countries that have the greatest need and highest burden of child and maternal deaths, taking into consideration countries that— (A) have high-need communities in fragile states or conflict-affected states; (B) are low- or middle-income countries; or (C) are located in regions with weak health systems. (7) Relevant partner entities The term relevant partner entities means each of the following: (A) The governments of other donor countries. (B) International financial institutions. (C) Nongovernmental organizations. (D) Faith-based organizations. (E) Professional organizations. (F) The private sector. (G) Multilateral organizations. (H) Local and international civil society groups. (I) Local health workers. (J) International organizations. (c) Statement of policy It is the policy of the United States, in partnership with priority countries and relevant partner entities, to establish and implement a coordinated, integrated, and comprehensive strategy to end preventable child and maternal deaths and ensure healthy and productive lives by— (1) focusing on bringing to scale the highest-impact, evidence-based interventions that address the leading causes of maternal, newborn, and child mortality in each priority country; (2) ensuring equitable access to essential health services for the most vulnerable populations, with a focus on country and community ownership; (3) designing, implementing, monitoring, and evaluating programs in a manner that enhances transparency and accountability, increases sustainability, and improves outcomes in priority countries; and (4) supporting the research, development, and introduction of innovative tools and approaches to accelerate progress toward ending preventable child and maternal deaths. (d) Strategy (1) In general Not later than 1 year after the date of the enactment of the Reach Every Mother and Child Act of 2021 , the President should establish and implement a comprehensive 5-year strategy (in this subsection referred to as the strategy ) to contribute toward the global goal of ending preventable child and maternal deaths by 2030 as a foundation for ensuring healthy and productive lives. (2) Leadership The Administrator, in coordination with priority countries and relevant partner entities, shall lead the establishment and implementation of the strategy. (3) Elements The strategy should— (A) identify priority countries in which the United States Agency for International Development will implement international maternal and child health and nutrition programs to reduce maternal, newborn, and child mortality and improve health outcomes; (B) with respect to each priority country, identify the most significant barriers to maternal, newborn, and child survival and establish outcome-based targets from which progress toward addressing those barriers through international maternal and child health and nutrition programs can be tracked; (C) in coordination with relevant partner entities, outline how the United States Agency for International Development will implement the highest-impact, evidence-based interventions for reducing maternal, newborn, and child mortality and expand access to quality services through community-based approaches to achieve the outcome-based targets established under subparagraph (B); (D) promote investments in community-based activities that empower women, support voluntarism, and provide respectful maternity care; (E) describe how the most vulnerable populations in each priority country will be targeted and reached with highest-impact, evidence-based interventions to reduce maternal, newborn, and child mortality; (F) use United States Government strategies and frameworks relevant to improving maternal, newborn, and child health; (G) address backsliding on access to and demand for essential health services and other key challenges affecting maternal, newborn, and child survival caused by the COVID–19 pandemic; (H) include development and scale-up of new technologies and approaches, including those supported by public-private partnerships, for research and innovation; (I) promote coordination and efficiency within and among the relevant executive branch agencies and initiatives, including the United States Agency for International Development, the Department of State, the Department of Health and Human Services, the Centers for Disease Control and Prevention, the National Institutes of Health, the Millennium Challenge Corporation, the Peace Corps, the Department of the Treasury, the Office of the Global AIDS Coordinator, the President’s Malaria Initiative, and the United States International Development Finance Corporation; (J) project general levels of resources needed to achieve the objectives stated in the strategy; and (K) support the transition to domestic sustainably financed health systems, emphasizing partnerships that seek to ensure affordability, accessibility, quality, and delivery of health services in an equitable and sustainable manner. (4) Development of strategy (A) Consultation by Administrator The Administrator shall consult with missions of the United States Agency for International Development in priority countries, civil society, and implementing partner organizations to inform the development of the strategy. (B) Local consultation; summary The missions of the United States Agency for International Development in priority countries shall consult with relevant partner entities and submit to the Coordinator a summary of such consultations to inform the development of the strategy. (e) Establishment of Child and Maternal Survival Coordinator (1) In general The President should designate an individual, selected from among employees of the United States Agency for International Development serving in career or noncareer positions in the Senior Executive Service or at the level of a Deputy Assistant Administrator or higher, to serve concurrently as the Child and Maternal Survival Coordinator. (2) Duties The Coordinator should— (A) oversee— (i) the strategy established under subsection (d)(1); and (ii) international maternal and child health and nutrition programs, including by representing the United States at international and multilateral maternal and child health and nutrition organizations; (B) have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government appropriated or used for international maternal and child health and nutrition programs, as determined appropriate by the Administrator; (C) direct the budget, planning, and staffing to implement international maternal and child health and nutrition programs for the purpose of ending preventable child and maternal deaths; (D) lead implementation and revision of the strategy established under subsection (d)(1) beginning 5 years after the date on which the strategy is released; (E) coordinate with relevant executive branch agencies, priority countries, and relevant partner entities as appropriate, to carry out the strategy established under subsection (d)(1) and to align current and future investments with high-impact, evidence-based interventions to save lives; (F) provide guidance on the design and oversight of grants, contracts, and cooperative agreements with nongovernmental organizations (including community, faith-based, and civil society organizations) and private sector entities for the purpose of carrying out the strategy established under subsection (d)(1); and (G) report directly to the Administrator regarding implementation of the strategy established under subsection (d)(1). (3) Restriction on additional or supplemental compensation The Coordinator shall receive no additional or supplemental compensation for carrying out responsibilities and duties under this section. (f) Authority To assist in implementation of the strategy (1) In general The President may provide assistance to implement the strategy established under subsection (d)(1). (2) Focus on impact (A) Targets for implementation required Consistent with the guidelines established under section 3 of the Foreign Aid Transparency and Accountability Act of 2016 ( 22 U.S.C. 2394c note; Public Law 114–191 ), the Administrator shall require United States Agency for International Development grants, contracts, and cooperative agreements, for the purposes of the strategy established under subsection (d)(1), to include targets for implementation of high-impact, evidence-based interventions and strengthening health systems, as appropriate, including baseline measurements from which to quantify progress. (B) Exception In exceptional circumstances for which the Administrator determines that the inclusion of targets described in subparagraph (A) is not reasonable or practicable for a grant, contract, or cooperative agreement, the grant, contract, or cooperative agreement, as the case may be, should include an explanation of the omission and explicitly state how measurable impact will be targeted and tracked. (g) Annual reports (1) Reports required Not later than 1 year after the date of the enactment of the Reach Every Mother and Child Act of 2021 , and annually thereafter until December 31, 2030, the President shall submit to the appropriate congressional committees a report on progress made to achieve the goals set forth in the strategy established under subsection (d)(1). (2) Information included in reports Each report required by paragraph (1) should include the following: (A) Indicators used by the United States Agency for International Development to monitor and evaluate progress of international maternal and child health and nutrition programs toward ending preventable child and maternal deaths in each priority county, such as the standard foreign assistance indicators of the Department of State and such other indicators as the Coordinator considers relevant. (B) Estimates of maternal, newborn, and child deaths averted as a result of international maternal and child health and nutrition programs. (C) Data pertaining to populations served by international maternal and child health and nutrition programs, disaggregated by gender, age, and wealth quintile. (D) A description of targets for coverage of interventions and services in international maternal and child health and nutrition programs and progress toward meeting those targets. (E) Reporting on each aspect of the strategy established under subsection (d)(1). (F) Information on funding for international maternal and child health and nutrition programs overall and for each priority country, including funding that has been planned, appropriated, obligated, or expended for the fiscal year in which the briefing is conducted and the previous 5 fiscal years. (3) Public availability The President shall make each report required by paragraph (1) publicly available. (h) Use of funds Funds appropriated or otherwise made available to carry out activities under this section shall be subject to all applicable restrictions under Federal law. . | https://www.govinfo.gov/content/pkg/BILLS-117s1451is/xml/BILLS-117s1451is.xml |
117-s-1452 | II 117th CONGRESS 1st Session S. 1452 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Grassley (for himself, Ms. Smith , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require a standard financial aid offer form, and for other purposes.
1. Short title This Act may be cited as the Understanding the True Cost of College Act of 2021 . 2. Institution Financial Aid Offer Form Section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 note) is amended to read as follows: 484. Institution Financial Aid Offer Form (a) Standard format and terminology The Secretary of Education, in consultation with the heads of relevant Federal agencies, shall develop standard terminology and a standard format for financial aid offer forms based on recommendations from representatives of students, veterans, servicemembers, students’ families, institutions of higher education (including community colleges, for-profit institutions, four-year public institutions, and four-year private nonprofit institutions), financial aid experts, secondary school and postsecondary counselors, nonprofit organizations, and consumer groups. (b) Key required contents for offer form The standard format developed under subsection (a) shall include, in a consumer-friendly manner that is simple and understandable, a form titled Financial Aid Offer , which shall include the following items, with costs listed first followed by grants and scholarships, clearly separated from each other with separate headings: (1) Cost information (A) Information on the student's estimated cost of attendance, including the following: (i) Total direct costs, including the component totals each for— (I) tuition and fees, as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ); and (II) college-sponsored housing and food costs (as determined based on the costs for room and board under such section). (ii) Total estimated other expenses, including— (I) the component totals each for housing and food costs for students who reside off-campus; and (II) for all students, books, supplies, transportation, and miscellaneous personal expenses (which may include costs of health insurance and dependent care), as determined under section 472 of the Higher Education Act of 1965 ( 20 U.S.C. 1087ll ). (B) An indication of the academic period covered by the financial aid offer, and an explanation that the financial aid offered may change for academic periods not covered by the aid offer or by program. (C) An indication of whether cost and aid estimates are based on full-time or part-time enrollment. (D) An indication, as applicable, about whether the tuition and fees are estimated based on the previous year, or are set, for the academic period indicated in accordance with subparagraph (B). (2) Grants and scholarships The aggregate amount of grants and scholarships by source that the student does not have to repay, such as grant aid offered under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) and grant aid offered through other Federal programs, grant aid offered by the institution, grant aid offered by the State, and, if known, grant aid from an outside source to the student for such academic period, including— (A) a disclosure that the grants and scholarships do not have to be repaid; and (B) if institutional aid is included— (i) the conditions under which the student can expect to receive similar amounts of such financial aid for each academic period the student is enrolled at the institution; and (ii) whether the institutional aid offer may change if grants or scholarships from outside sources are applied after the student receives the offer form, and, if applicable, how that aid will change. (3) Net price (A) The net price that the student, or the student's family on behalf of the student, is estimated to have to pay for the student to attend the institution for such academic period, equal to— (i) the cost of attendance as described in paragraph (1)(A) for the student for the period indicated in paragraph (1)(B); minus (ii) the amount of grant aid described in paragraph (2) that is included in the financial aid offer form. (B) A disclosure that the net price is an estimate of the total expenses for the year and not equivalent to the amount the student will owe directly to the institution. (4) Loans (A) Information on any loan under part D or part E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq.; 20 U.S.C. 1087aa et seq.) (except a Federal Direct PLUS Loan under part D of that Act) that the institution recommends for the student for the academic period covered by the offer, which shall be made— (i) with clear use of the word loan to describe the recommended loan amounts; and (ii) with clear labeling of subsidized and unsubsidized loans. (B) A disclosure that such loans have to be repaid and a disclosure that the student can borrow a lesser or, if applicable, greater amount than the recommended loan amount. (C) A disclosure that the interest rates and fees on such loans are set annually and affect total cost over time, and a link to a Department of Education website that includes current information on interest rates and fees. (D) A link to the Department of Education's repayment calculator website for students with instruction that this website contains customizable estimates of expected repayment costs under different loan repayment plans. (5) Process for accepting or declining aid and next steps (A) The deadlines and a summary of the process (including the next steps) for— (i) accepting the financial aid offered in the financial aid offer form; (ii) requesting higher loan amounts if recommended loan amounts were included; and (iii) declining aid offered in the form. (B) Information on when and how direct costs to the institution must be paid. (C) A disclosure that verification of financial circumstances may require the student to submit further documentation. (D) Information about where a student or the student’s family can seek additional information regarding the financial aid offered, including contact information for the institution’s financial aid office and the Department of Education’s website on financial aid. (6) Additional information Any other information the Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, determines necessary (based on the results of the consumer testing under paragraph (g)(2)) so that students and parents can make informed loan borrowing decisions, which may include— (A) the most recent cohort default rate, as defined in section 435(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1085(m) ) with respect to an institution where more than 30 percent of enrolled students borrow loans to pay for their education, and a comparison to the national average cohort default rate; (B) the percentage of students at the institution who borrow student loans; (C) the median loan debt at graduation for students at the institution (clearly marked as including only Federal loans if private loan data are not available to be included); and (D) any additional calculations determined necessary for ensuring that students understand full college costs, financial aid gaps, and options for covering those gaps. (c) Other required contents for the offer form The standard form developed under subsection (a) shall include, in addition to the information described in subsection (b), the following information to be included on the financial aid offer form in a concise format determined by the Secretary of Education, in consultation with the heads of relevant Federal agencies: (1) At the institution’s discretion— (A) additional options and potential resources for paying for the amount listed in subsection (b)(3), such as tuition payment plans; and (B) a disclosure that Federal Direct PLUS Loans or private education loans may be available to cover remaining need, except that the institution may not include an amount for Federal Direct PLUS Loans or private education loans and must include a disclosure for Federal Direct PLUS Loans that such loans are subject to an additional application process, and a disclosure that both types of loans have to be repaid by the borrower, and may not be eligible for all the benefits available for Federal Direct Stafford Loans or Federal Direct Unsubsidized Stafford Loans. (2) The following information relating to private student loans: (A) A statement that students considering borrowing to cover the cost of attendance should consider available Federal student loans prior to applying for private education loans, including an explanation that Federal student loans offer generally more favorable terms and beneficial repayment options than private loans. (B) The impact of a proposed private education loan on the student’s potential eligibility for other financial assistance, including Federal financial assistance under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.). (C) A statement explaining the student’s ability to select a private educational lender of the student’s choice. (3) Information on work-study employment opportunities, offered in accordance with part C of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087–51 et seq.) including a disclosure that the work-study aid offered is subject to the availability of qualified employment opportunities and is disbursed over time as earned by the student. Work-study employment opportunities (or a student's potential income based on those opportunities) shall not be included in the category of financial aid described under subsection (b)(2). (d) Additional requirements for financial aid offer form The financial aid offer form shall meet the following requirements: (1) Include, in addition to the requirements described in subsections (b) and (c), a concise summary, in plain language, of— (A) the terms and conditions of financial aid recommended under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), and a method to provide students with additional information about such terms and conditions, such as links to the supplementary information; and (B) Federal, State, or institutional conditions required to receive and renew financial aid and a method to provide students with additional information about these conditions, such as links to the supplementary information. (2) Clearly distinguish between the aid offered under paragraphs (2) and (4) of subsection (b) and subsection (c)(3), by including a subtotal for the aid offered in each of such paragraphs and by refraining from commingling the different types of aid described in such paragraphs. (3) Use standard terminology and definitions, as described in subsection (e)(1) and use plain language where possible. (4) If an institution’s recommended Federal student loan aid offered in subsection (b)(4) is less than the Federal maximum available to the student, the institution shall provide additional information on Federal student loans, including the types and amounts for which the student is eligible in an attached document or webpage. (5) Use the standard offer form described in subsection (e)(2). (6) Include the standardized statement regarding the possible availability of Federal education benefits, as established by the Secretary in accordance with subsection (e)(3). (7) Include a delivery confirmation for electronic financial aid offer forms, except that receipt of the financial aid offer form shall not be considered an acceptance or rejection of aid by the student. (8) With respect to dependent students, any reference to private education loans shall be accompanied by— (A) information about the availability of, and terms and conditions associated with, Federal Direct PLUS Loans under section 455 of the Higher Education Act of 1965 ( 20 U.S.C. 1087e ) for the student's parents regardless of family income; and (B) a notification of the student’s increased eligibility for Federal student loans under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq.) if the student's parents are not able to borrow under the Federal Direct PLUS Loan program. (e) Standard information established by the Secretary (1) Standard terminology Not later than 3 months after the date of enactment of the Understanding the True Cost of College Act of 2021 , the Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury and the Director of the Consumer Financial Protection Bureau, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, shall establish standard terminology and definitions for the terms described in subsection (b). (2) Standard form (A) In general The Secretary of Education shall develop multiple draft financial aid offer forms for consumer testing, carry out consumer testing for such forms, and establish a finalized standard financial aid offer form, in accordance with the process established in subsection (g) and the requirements of this section. (B) Separate financial aid offer forms The Secretary may develop separate financial aid offer forms for— (i) undergraduate students and graduate students; and (ii) first-time students and returning students. (3) Additional benefits The Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury, the Secretary of Veterans Affairs, the Secretary of Defense, and the Director of the Consumer Financial Protection Bureau, shall establish standard language notifying students that they may be eligible for education benefits (and where students can locate more information about such benefits,) including benefits in accordance with each of the following: (A) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (B) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (C) Section 1784a, 2005, or 2007 of title 10, United States Code. (f) Supplemental information; removal of information (1) Nothing in this section shall preclude an institution from supplementing the financial aid offer form with additional information if such additional information supplements the financial aid offer form and is not located on the financial aid offer form, and provided such information utilizes the same standard terminology identified in subsection (e)(1). (2) Nothing in this section shall preclude an institution from deleting a required item if the borrower is ineligible for such aid. (g) Development of financial aid offer form (1) Draft form Not later than 9 months after the date of enactment of the Understanding the True Cost of College Act of 2021 , the Secretary of Education, in consultation with the heads of relevant Federal agencies, including the Secretary of the Treasury and the Director of the Consumer Financial Protection Bureau, representatives of institutions of higher education, nonprofit consumer groups, students, and secondary school and higher education guidance counselors, shall design and produce multiple draft financial aid offer forms for consumer testing with postsecondary students or prospective students. In developing that form, the Secretary shall ensure— (A) that the headings described in paragraphs (1) through (4) of subsection (b) is in the same font, appears in the same order, and is displayed prominently on the financial aid offer form, such that none of that information is inappropriately omitted or de-emphasized; (B) that the other information required in subsection (b) appears in a standard format and design on the financial aid offer form; and (C) that the institution may include a logo or brand alongside the title of the financial aid offer form. (2) Consumer testing (A) In general Not later than 9 months after the date of enactment of the Understanding the True Cost of College Act of 2021 , the Secretary of Education, in consultation with the heads of relevant Federal agencies, shall establish a process to submit the financial aid offer form drafts developed under paragraph (1) for consumer testing among representatives of students (including low-income students, first generation college students, adult students, veterans, servicemembers, and prospective students), students’ families (including low-income families, families with first generation college students, and families with prospective students), institutions of higher education, secondary school and postsecondary counselors, and nonprofit consumer groups. (B) Pilot During such consumer testing, the Secretary shall ensure that not less than 16 and not more than 24 eligible institutions use the draft forms developed under paragraph (1), including institutions— (i) that reflect a proportionate representation (based on the total number of students enrolled in postsecondary education) of community colleges, for-profit institutions, four-year public institutions, and four-year private nonprofit institutions; and (ii) that reflect geographic diversity. (C) Length of consumer testing The Secretary of Education shall ensure that the consumer testing under this paragraph lasts no longer than 8 months after the process for consumer testing is developed under subparagraph (A). (3) Final form (A) In general The results of consumer testing under paragraph (2) shall be used in the final development of the financial aid offer form. (B) Reporting requirement Not later than 3 months after the date the consumer testing under paragraph (2) concludes, the Secretary of Education shall submit to Congress and publish on its website the final standard financial aid offer form and a report detailing the results of such testing, including whether the Secretary of Education added any additional items to the standard financial aid offer form pursuant to subsection (b)(6). (4) Authority to modify The Secretary of Education may modify the definitions, terms, formatting, and design of the financial aid offer form based on the results of consumer testing required under this subsection and before finalizing the form, or in subsequent consumer testing. The Secretary may also recommend additional changes to Congress. . 3. Mandatory form Part B of title I of the Higher Education Act of 1965 ( 20 U.S.C. 1011 et seq.) is amended by adding at the end the following: 124. Use of mandatory financial aid offer form and terms (a) In general Notwithstanding any other provision of law, each institution of higher education that receives Federal financial assistance under this Act shall— (1) use the financial aid offer form developed under section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 note) in providing paper, mobile-optimized offers, or other electronic offers to all students who apply for aid and are accepted at the institution; and (2) use the standard terminology and definitions developed by the Secretary of Education under subsection (e)(1) of that Act for all communications from the institution related to financial aid offers. (b) Effective dates The requirements under this section shall take effect at the start of the first award year after the Secretary of Education finalizes the standard terminology and form developed in accordance with section 484 of the Higher Education Opportunity Act ( 20 U.S.C. 1092 note). . (c) Administrative procedures Section 492 of the Higher Education Act ( 20 U.S.C. 1098a ) shall not apply with respect to regulations promulgated in accordance with this section. . | https://www.govinfo.gov/content/pkg/BILLS-117s1452is/xml/BILLS-117s1452is.xml |
117-s-1453 | II 117th CONGRESS 1st Session S. 1453 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Young (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To reauthorize title VI of the Higher Education Act of 1965 in order to improve and encourage innovation in international education, and for other purposes.
1. Short title This Act may be cited as the Advancing International and Foreign Language Education Act . 2. Graduate and undergraduate language and area centers and programs Section 602(b)(2)(B)(ii) of the Higher Education Act of 1965 ( 20 U.S.C. 1122(b)(2)(B)(ii) ) is amended— (1) in subclause (III), by striking or at the end; (2) in subclause (IV), by striking the period and inserting ; or ; and (3) by adding at the end the following: (V) the beginning, intermediate, or advanced study of a foreign language related to the graduate student's area of specialization. . 3. International research and innovation Part A of title VI of the Higher Education Act of 1965 ( 20 U.S.C. 1121 et seq.) is amended— (1) by striking sections 605 and 606 and inserting the following: 605. International research and innovation (a) Purpose The purpose of this section is to support international and foreign language education research and innovation projects that encourage and contribute to comprehensive and ongoing assessment and strengthening of the United States capacity in international education, including program development, coordination, delivery, and outcomes in order to meet national needs. (b) Definition of eligible grant recipient In this section, the term eligible grant recipient means the following: (1) An institution of higher education. (2) A public or private nonprofit library. (3) A nonprofit educational organization. (4) An entity that has received a grant under any program under this title for any preceding year. (5) A partnership or consortium of 2 or more entities described in paragraphs (1) through (4). (c) Program authorized (1) In general From amounts made available to carry out this section, the Secretary may— (A) conduct research and studies that contribute to the purposes of this title, including research to provide a systematic understanding of our Nation’s international and foreign language education capacity, structures, and effectiveness in meeting growing demands in the education, government, business, and nonprofit sectors; (B) create innovative paradigms, or enhance or scale up proven strategies and practices, that address systemic challenges to developing and delivering international and foreign language education resources and expertise— (i) for incorporating across educational disciplines and institutions; and (ii) for employers and other stakeholders; and (C) develop and manage a national standardized database on the strengths, gaps, and trends in the Nation’s international and foreign language education capacity, and document the outcomes of programs funded under this title every grant cycle. (2) Method of implementation The Secretary may carry out the activities described in paragraph (1) directly or through grants or contracts to eligible grant recipients in accordance with subsection (d). (d) Research and study and innovation grants (1) Research and study grants authorized From amounts made available to carry out this section, the Secretary may award grants, on a competitive basis, to eligible entities to pay for the Federal share of research and studies relating to the systematic development, collection, analysis, publication, and dissemination of data and other information resources in a manner that is easily understandable and made publicly available, and that contributes to achieving the purposes of this title. Such research and studies may include any of the following: (A) Assessing and documenting international and foreign language education capacity and supply, such as— (i) studies and surveys to determine the numbers of foreign language courses, programs, and enrollments at all levels of education and in all languages, including a determination of gaps in those courses or programs determined to be critical to the national interest; (ii) studies and surveys of the number and types of degrees or certificates awarded in foreign language studies, area studies, global studies, and international business and professional studies, including identification of gaps in those areas of study determined critical to the national interest; (iii) studies and surveys, by language, degree, and world area, of— (I) the number of foreign language studies, area studies, global studies, or international studies faculty, including international business faculty; and (II) the number of foreign language studies teachers in grades kindergarten through grade 12; and (iv) studies and surveys of the number of undergraduate and graduate students engaging in long- or short-term education abroad or internship abroad programs as part of their curriculum, including the countries of destination. (B) Assessing the demands for international and foreign language education, the outcomes of international and foreign language education programs, and the alignment of such demand and outcomes, such as— (i) studies, surveys, and research symposia to determine— (I) the demand for increased or improved instruction in foreign language studies, area studies, global studies, or other international fields; and (II) the demand for employees with such skills and knowledge in government, education, and the private sector; (ii) studies, surveys, and research symposia to assess the employment or utilization of graduates of programs supported under this title by governmental, educational, and private sector entities; and (iii) studies, surveys, and research symposia to assess standardized outcomes and the effectiveness and benchmarking of programs supported under this title. (C) The development and publication of specialized materials for use in foreign language studies, area studies, global studies, and other international studies, including in international business and other professional education, as appropriate. (D) Studies and surveys that identify and document systemic challenges and changes needed in higher education and elementary school and secondary school systems to make international and foreign language education available to all students as part of the basic curriculum, which may include— (i) challenges in current evaluation standards; (ii) program entrance and graduation requirements; (iii) program accreditation; (iv) student postsecondary degree requirements; or (v) legal or workplace barriers for teachers and faculty to education and research abroad. (E) Studies and surveys that identify and document, in underrepresented institutions of higher education (including minority-serving institutions and community colleges)— (i) systemic challenges and changes, incentives, and partnerships needed to internationalize educational programming in a comprehensive and sustainable way; and (ii) short- and long-term outcomes of successful internationalization strategies and funding models. (F) Evaluation of the extent to which programs supported under this title reflect diverse perspectives and a wide range of views and generate debate on world regions and international affairs, as described in the application submitted by the eligible recipient under paragraph (3). (2) Innovation project grants authorized (A) In general For any fiscal year for which the aggregate amount of funds made available under this title is greater than such amount for fiscal year 2020, the Secretary may use such excess amount made available for this section to pay for the Federal share of innovation projects that— (i) are consistent with the purposes of this title; and (ii) establish and conduct innovative strategies or increase the scale of proven strategies. (B) Types of innovation projects Innovation projects carried out under this paragraph may include any of the following: (i) Innovative paradigms to improve communication, sharing, and delivery of resources that further the objectives of this title, such as— (I) networking and placement structures and systems to more effectively match postsecondary graduates with international and foreign language education skills with the needs of employers across the workforce; (II) sharing international specialist expertise across institutions of higher education or in the workforce to pursue specialization or learning opportunities not available at any single institution of higher education, such as shared courses for studying— (aa) less commonly taught languages, world areas, or regions; (bb) international business; or (cc) specialized research topics of national strategic interest; (III) producing, collecting, organizing, preserving, and widely disseminating international and foreign language education expertise, resources, courses, and other information through the use of electronic technologies and other networking techniques that contribute to the purposes of this title; (IV) coordinating initiatives to identify, implement, and provide ongoing access to and creation of digital global library resources; and (V) utilizing technology to create open source resources in international studies, area studies, global studies, and foreign language studies that— (aa) are adaptable to multiple educational settings; and (bb) promote interdisciplinary partnerships between technologists, curriculum designers, international and foreign language education experts, language teachers, and librarians. (ii) Innovative curriculum, teaching, and learning paradigms that further the purposes of this title, such as— (I) new paradigms for collaborations of disciplinary programs with foreign language studies, area studies, global studies, and international studies, and education abroad programs, that address the internationalization of such disciplinary studies for the purpose of producing globally competent graduates in their fields; (II) innovative collaborations between established centers of international and foreign language education excellence and underrepresented institutions and populations seeking to further their goals for strengthening international, area, global, and foreign language studies, including minority-serving institutions and community colleges; (III) teaching and learning collaborations among foreign language studies, area studies, global studies, or other international studies programs with diaspora communities, including heritage students; and (IV) new approaches and methods to teaching emerging global issues, cross-regional interactions, and underrepresented regions or countries, such as project- and team-based learning. (iii) Innovative assessment and outcome tools and techniques that further the purposes of this title, such as— (I) international and foreign language education assessment techniques that are coupled with outcome-focused training modules and that meet the purposes of this title, such as certificates and badges, immersion learning, or e-portfolio systems; and (II) more effective and easily accessible methods of assessing professionally useful levels of proficiency in foreign languages, or competencies in area studies, culture and global knowledge, or other international fields in programs supported under this title, which may include use of open access online and other cost-effective tools for students and educators at all educational levels and in the workplace. (3) Application (A) In general Each eligible entity desiring a grant under this subsection shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may reasonably require. (B) Contents An application submitted under this paragraph shall include evidence that any proposed innovation project described in paragraph (2) has a reasonable and demonstrable expectation of sustainability once the support provided under the grant is completed. (4) Federal and non-Federal share (A) Federal share The Federal share of the total cost of carrying out a program supported by a grant under this subsection shall be not more than 66 2/3 percent. (B) Non-Federal share The non-Federal share of the total cost of carrying out a program supported by this grant shall be not less than 33 1/3 percent. Such share may be provided either in-kind or in cash, or from institutional and non-institutional funds, including contributions from State entities and private sector corporations or foundations. (C) Special rule The Secretary may waive or reduce the required non-Federal share under this paragraph for any eligible entity that is, or includes, an institution that— (i) is a minority-serving institution or a community college; and (ii) has demonstrated a need for a waiver or reduction in the application submitted under paragraph (3). (e) Database website; 5-Year report The Secretary shall, directly or through a grant or contract to an eligible grant recipient— (1) establish, curate, maintain, and update at least once every grant cycle, a web-based site that— (A) showcases results of the activities supported under this section; and (B) serves as a repository and landing site for access to the information, resources, and best practices generated through activities supported under this section; and (2) prepare, publish and disseminate to Congress and the public every 5 years, a report that summarizes— (A) key findings from the activities conducted under this section; and (B) policy issues the findings may raise with respect to international and foreign language education and outcomes. ; and (2) by redesignating sections 607 through 610 as sections 606 through 609, respectively. 4. Authorization of appropriations for part A Section 609 of the Higher Education Act of 1965 ( 20 U.S.C. 1128b ), as redesignated by section 3(2), is amended by striking 2009 and inserting 2022 . 5. Global business and professional education programs Part B of title VI of the Higher Education Act of 1965 ( 20 U.S.C. 1130 et seq.) is amended— (1) in the title heading, by striking business and international education programs and inserting global business and professional education programs ; and (2) in section 611 ( 20 U.S.C. 1130 )— (A) in subsection (a)— (i) by striking paragraph (1) and inserting the following: (1) the future economic welfare of the United States will depend substantially on increasing international and global skills in the business, educational, and other professional communities and creating an awareness among the American public of the internationalization of the economy of the United States and numerous other professional areas important to our national interest in the 21st century; ; (ii) in paragraph (2)— (I) by striking language and area study programs and inserting professional schools and programs, language, area study, and global study programs ; and (II) by inserting and security before interests ; (iii) in paragraph (3)— (I) by striking between the and inserting among— (A) the ; (II) by striking business and the international education and inserting the following: business and other professional fields; (B) the international and global education ; and (III) by striking States, and public and inserting the following: States; and (C) public ; and (iv) in paragraph (4)— (I) by striking and State departments of commerce and inserting , State departments of commerce, and other professional organizations ; and (II) by striking universities and business and inserting institutions of higher education with businesses or other professions ; and (B) in subsection (b)— (i) in paragraph (1)— (I) by striking and economic enterprise and inserting , economic enterprise, and security ; and (II) by inserting and other professional before personnel ; and (ii) in paragraph (2), by striking to prosper in an international and inserting and other professional fields to prosper in an international global . 6. Professional and technical education for global competitiveness Section 613 of the Higher Education Act of 1965 ( 20 U.S.C. 1130a ) is amended to read as follows: 613. Professional and technical education for global competitiveness (a) Purpose The purpose of this section is to support innovative strategies that provide undergraduate and graduate students with the global professional competencies, perspectives, and skills needed to strengthen and enrich the global engagement and competitiveness of the United States in a wide variety of professional and technical fields important to the national interest in the 21st century. (b) Definitions In this section: (1) Eligible entity The term eligible entity means— (A) an institution of higher education; (B) a consortium of institutions of higher education; or (C) a partnership consisting of 1 or more institutions of higher education and 1 or more corporate entity or nonprofit organization. (2) Professional education and technical training The term professional education and technical training means a program at an institution of higher education that offers undergraduate, graduate, or post-graduate level education in a professional or technical field that is determined by the Secretary as meeting a national need for global or international competency (which may include a program in the field of business, science, technology, engineering, law, health, energy, environment, agriculture, transportation, or education). (c) Program authorized From amounts made available to carry out this section and subject to subsection (g), the Secretary shall award grants or contracts, on a competitive basis, to eligible entities to enable the eligible entities to carry out programs designed to— (1) establish an interdisciplinary global dimension in the undergraduate and graduate curricula of programs of business, science, technology, engineering, mathematics, health, environment, energy, agriculture, law, civics, and other professional education and technical training, to be determined by the Secretary based on national needs; (2) produce graduates with proficiencies in both the global aspects of their professional fields and international, cross-cultural, and foreign language skills; and (3) provide appropriate services to or linkages with corporate, government, and nonprofit communities that— (A) will expand the knowledge and capacity of such communities for global engagement and competitiveness; and (B) provide internship or employment opportunities for postsecondary students and graduates with international skills. (d) Applications Each eligible entity desiring a grant or contract under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information and assurances as the Secretary may reasonably require, including— (1) evidence that each project proposed in the application has a reasonable and demonstrable expectation of sustainability and replicability once the grant period is completed; (2) a copy of the agreement entered into by the eligible entity with a private entity or nonprofit organization engaged in international economic or other relevant professional activity, or a combination or consortium of such entities or organizations, for the purpose of demonstrating compliance with subsection (c); (3) assurances that the institution of higher education will use the assistance provided under this section for activities that supplement, and not supplant, activities described in subsection (e) that were carried out by the institution of higher education before receiving the grant or contract; and (4) assurances that, where applicable, the activities funded by the grant or contract will reflect diverse perspectives and a wide range of views on world regions and international affairs. (e) Authorized activities (1) Mandatory activities An eligible entity receiving a grant or contract under this section shall use funds provided under the grant or contract to carry out all of the following activities: (A) Combining or incorporating into undergraduate or graduate professional education and technical training curricula all of the following: (i) Foreign language programs that lead to proficiency, including immersion opportunities. (ii) International studies, area studies, or global studies programs. (iii) Educational programs abroad, internships abroad, or other innovative or technological linkages abroad. (iv) Global business, economic, and trade studies, as appropriate. (B) Innovation and improvement in international, global, and foreign language education curricula to serve the needs of business and other professional and nonprofit communities, including development of new programs for nontraditional, midcareer, or part-time students. (C) Establishment of educational programs abroad or internship programs abroad, or other innovative approaches to enable undergraduate or graduate professional students to develop their foreign language skills and knowledge of foreign cultures and societies and global dimensions of their professional fields. (D) Development of collaborations on issues of common interest to institutions of higher education, corporations, or nonprofit sector organizations designed to strengthen engagement and competitiveness in global business or trade or other global professional activity. (2) Permissible activities An eligible entity receiving a grant or contract under this section may use funds provided under the grant to carry out any of the following activities: (A) Development of specialized teaching materials and courses (including foreign language studies, area studies, or global studies materials) and innovative technological delivery systems appropriate to professionally oriented students. (B) Establishment of student fellowships or other innovative support opportunities for education and training in global professional development activities, including for underrepresented populations, first generation students, and heritage students. (C) Development of opportunities or fellowships for professional school faculty, including junior faculty, to acquire or strengthen international and global skills and perspectives, including faculty in minority-serving institutions or community colleges. (D) Summer, or other academic break, institutes, or technology delivered institutes, in global business, science, technology, engineering, mathematics, or other professional fields, foreign language studies, area studies, and global and other international studies designed to carry out the purposes of this section. (E) Internationalization of curricula at the community college level and at such minority-serving institutions to further the purposes of this section. (F) Establishment of linkages overseas— (i) with institutions of higher education, corporations and other private entities, and nonprofit organizations; and (ii) that contribute to the educational purpose of this section. (G) Development of programs to inform the public of— (i) increasing global interdependence in a wide variety of professional fields such as business, science, technology, engineering, mathematics, health, environment, energy, agriculture, law, civics, and other areas; and (ii) the role of the United States within the global system. (H) Establishment of trade education programs through cooperative arrangements with— (i) regional, national, and global trade centers and councils; and (ii) bilateral and multilateral trade associations. (f) Federal share; non-Federal share (1) In general Any funds provided through a grant under this section shall be used to pay the Federal share of the activities carried out under the grant. (2) Federal share The Federal share of the cost of a program supported by a grant under this section shall not be more than 50 percent. (3) Non-Federal share The non-Federal share of the cost of the program supported by a grant under this section— (A) shall be not less than 50 percent; and (B) may be provided either in cash or in-kind, from institutional and non-institutional funds, including contributions from State entities and private sector corporations or foundations. (4) Special rule Notwithstanding paragraphs (2) and (3), the Secretary may waive or reduce the required non-Federal share under this section for an eligible entity that is, or includes, an institution that— (A) is a minority-serving institution or is a community college; and (B) has submitted a grant application under this section that demonstrates a need for a waiver or reduction. (g) Funding rule Notwithstanding any other provision of this title, the Secretary shall only award grants or contracts under this section for a fiscal year if the total amount of funding under this title is greater than the total of such amount for fiscal year 2020. . 7. Authorization of appropriations for part B Section 614 of the Higher Education Act of 1965 ( 20 U.S.C. 1130b ) is amended— (1) in subsection (a), by striking 2009 and inserting 2022 ; and (2) in subsection (b), by striking 2009 and inserting 2022 . 8. Definitions Section 631 of the Higher Education Act of 1965 ( 20 U.S.C. 1132 ) is amended— (1) by redesignating paragraphs (2) through (4), (5) through (8), and (9) through (10), as paragraphs (3) through (5), (7) through (10), and (12) through (13), respectively; (2) by inserting after paragraph (1) the following: (2) the term community college has the meaning given the term junior or community college in section 312(f); ; (3) by inserting after paragraph (5), as redesignated by paragraph (1), the following: (6) the term heritage student means a postsecondary student who— (A) was born in the United States to immigrant parents or immigrated to the United States at an early age; (B) is proficient in English, but raised in a family primarily speaking 1 or more languages of the country of origin; and (C) maintains a close affinity with the family’s culture and language of origin. ; and (4) by inserting after paragraph (10), as redesignated by paragraph (1), the following: (11) the term minority-serving institution means an eligible institution under section 371(a); . 9. Repeal of unfunded programs and duplicative requirements Title VI of the Higher Education Act of 1965 ( 20 U.S.C. 1121 et seq.) is amended— (1) by striking part C; (2) by redesignating part D as part C; and (3) by striking sections 637 and 638. | https://www.govinfo.gov/content/pkg/BILLS-117s1453is/xml/BILLS-117s1453is.xml |
117-s-1454 | II 117th CONGRESS 1st Session S. 1454 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Grassley (for himself, Mr. Rubio , Mr. Cotton , Mr. Cruz , and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the United States Executive Director of the International Bank for Reconstruction and Development to oppose assistance by the Bank for any country that exceeds the graduation threshold of the Bank and is of concern with respect to religious freedom.
1. Short title This Act may be cited as the World Bank Integrity Preservation Act of 2021 . 2. Opposition to assistance by the International Bank for Reconstruction and Development for countries that exceed the graduation threshold and are of concern for religious freedom The United States Governor of the International Bank for Reconstruction and Development shall instruct the United States Executive Director of the Bank to vote against, and to use the Executive Director’s best efforts to deny, any loan or the extension of any financial or technical assistance by the Bank to a country if— (1) the gross national income per capita of the country exceeds, by more than 35 percent, the threshold for graduation from eligibility for assistance from the Bank; (2) the reserves of the country exceed an amount equivalent to the value of goods and services imported into the country during the most recent 12-month period for which data are available; and (3) the country is designated— (A) as a country of particular concern for religious freedom under clause (ii) of section 402(b)(1)(A) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1)(A) ); or (B) for placement on the special watch list under clause (iii) of that section. | https://www.govinfo.gov/content/pkg/BILLS-117s1454is/xml/BILLS-117s1454is.xml |
117-s-1455 | II 117th CONGRESS 1st Session S. 1455 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Manchin (for himself, Mr. Casey , Mr. Warner , Mr. Kaine , and Mr. Brown ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to provide funds to States and Indian tribes for the purpose of promoting economic revitalization, diversification, and development in economically distressed communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977, and for other purposes.
1. Short title This Act may be cited as the Revitalizing the Economy of Coal Communities by Leveraging Local Activities and Investing More Act of 2021 or the RECLAIM Act of 2021 . 2. Economic revitalization for coal country (a) In general Title IV of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1231 et seq.) is amended by adding at the end the following: 416. Abandoned mine land economic revitalization (a) Purpose The purpose of this section is to promote economic revitalization, diversification, and development in economically distressed mining communities through the reclamation and restoration of land and water resources adversely affected by coal mining carried out before August 3, 1977. (b) In general From amounts deposited into the fund under section 401(b) before October 1, 2007, and not otherwise appropriated to the extent such funds are available, $200,000,000 shall be made available to the Secretary, without further appropriation, for each of fiscal years 2022 through 2026 for distribution to States and Indian tribes in accordance with this section for reclamation and restoration projects at sites identified as priorities under section 403(a): Provided, That if less than $200,000,000 is available in any fiscal year to the Secretary, such remaining amount shall be made available to the Secretary, without further appropriation, and such fiscal year shall end distributions made available under this section. (c) Use of funds Funds distributed to a State or Indian tribe under subsection (d) shall be used only for projects classified under the priorities of section 403(a) that meet the following criteria: (1) Contribution to future economic or community development (A) In general The project, upon completion of reclamation, is intended to create favorable conditions for the economic development of the project site or create favorable conditions that promote the general welfare through economic and community development of the area in which the project is conducted. (B) Demonstration of conditions Such conditions are demonstrated by— (i) documentation of the role of the project in such area’s economic development strategy or other economic and community development planning process; (ii) any other documentation of the planned economic and community use of the project site after the primary reclamation activities are completed, which may include contracts, agreements in principle, or other evidence that, once reclaimed, the site is reasonably anticipated to be used for one or more industrial, commercial, residential, agricultural, or recreational purposes; or (iii) any other documentation agreed to by the State or Indian tribe that demonstrates the project will meet the criteria set forth in this subsection. (2) Location in economically distressed community affected by recent decline in mining (A) In general The project will be conducted in a community— (i) that has been adversely affected economically by a recent reduction in coal mining related activity, as demonstrated by employment data, per capita income, or other indicators of economic distress; or (ii) (I) that has historically relied on coal mining for a substantial portion of its economy; and (II) in which the economic contribution of coal mining has significantly declined. (B) Submission and publication of evidence or analysis Any evidence or analysis relied upon in selecting the location of a project under this subparagraph shall be submitted to the Secretary for publication. The Secretary shall publish such evidence or analysis in the Federal Register within 30 days after receiving such submission. (3) Stakeholder collaboration (A) In general The project has been the subject of project planning under subsection (g) and has been the focus of collaboration, including partnerships, as appropriate, with interested persons or local organizations. (B) Public notice As part of project planning the public has been notified of the project, including not less than 45 days before submission of the project to the Office of Surface Mining Reclamation and Enforcement, the State or Indian Tribe has published notice of the proposed project in local newspapers of general circulation, on the Internet, and by any other means considered desirable by the Secretary, and has provided an opportunity to request a public meeting convened in a community near the proposed project site. (C) Electronic notification The State or Indian tribe established a way for interested persons to receive electronically all public notices issued under subparagraph (B) and any written declarations submitted to the Secretary under paragraph (5). (4) Eligible Applicants The project has been proposed by entities of State, local, county, or tribal governments, or local organizations, and will be approved and executed by State or tribal programs, approved under section 405 or referred to in section 402(g)(8)(B) which may include subcontracting project-related activities, as appropriate. (5) Waiver If the State or Indian tribe— (A) cannot provide documentation described in paragraph (1)(B) for a project conducted under a priority stated in paragraph (1) or (2) of section 403(a), or (B) is unable to meet the requirements under paragraph (2), the State or Indian tribe shall submit a written declaration to the Secretary requesting an exemption from the requirements of those subparagraphs. The declaration must explain why achieving favorable conditions for economic or community development at the project site is not practicable, or why the requirements of paragraph (2) cannot be met, and that sufficient funds distributed annually under section 401 are not available to implement the project. Such request for an exemption is deemed to be approved, except the Secretary shall deny such request if the Secretary determines the declaration to be substantially inadequate. Any denial of such request shall be resolved at the State’s or Indian tribe’s request through the procedures described in subsection (e). (d) Distribution of funds (1) States (A) In general From the amount made available in subsection (b), the Secretary shall distribute $195,000,000 annually for each of fiscal years 2022 through 2026 to States and Indian tribes that have a State or tribal program approved under section 405 or are referred to in section 402(g)(8)(B), and have not made a certification under section 411(a) in which the Secretary has concurred, as follows: (i) Four-fifths of such amount shall be distributed based on the proportion of the amount of coal historically produced in each State or from the lands of each Indian tribe concerned before August 3, 1977. (ii) One-fifth of such amount shall be distributed based on the proportion of reclamation fees paid during the period of fiscal years 2012 through 2016 for lands in each State or lands of each Indian tribe concerned. (B) Supplemental funds Funds distributed under this section— (i) shall be in addition to, and shall not affect, the amount of funds distributed to States and Indian tribes under section 401(f) and section 411(h)(2); and (ii) shall not reduce any funds distributed to a State or Indian tribe by reason of the application of section 402(g)(8). (2) Additional funding to certified States and Indian tribes (A) Eligibility From the amount made available in subsection (b), the Secretary shall distribute $5,000,000 annually for each of the five fiscal years beginning with fiscal year 2022 to States and Indian tribes that have a State program approved under section 405 and have made a certification under section 411(a) in which the Secretary has concurred. (B) Application for funds Using the process in section 405(f), any State or Indian tribe described in subparagraph (A) may submit a grant application to the Secretary for funds under this paragraph. The Secretary shall review each grant application to confirm that the projects identified in the application for funding are eligible under subsection (c). (C) Distribution of funds The amount of funds distributed to each State or Indian tribe under this paragraph shall be determined by the Secretary based on the demonstrated need for the funding to accomplish the purpose of this section. (3) Reallocation of uncommitted funds (A) Committed defined For purposes of this paragraph the term committed — (i) means that funds received by the State or Indian tribe— (I) have been exclusively applied to or reserved for a specific project and Therefore are not available for any other purpose; or (II) have been expended or designated by the State or Indian tribe for the completion of a project; (ii) includes use of any amount for project planning under subsection (g); and (iii) reflects an acknowledgment by Congress that, based on the documentation required under subsection (c)(2)(B), any unanticipated delays to commit such funds that are outside the control of the State or Indian tribe concerned shall not affect its allocations under this section. (B) Fiscal year 2026 For fiscal year 2026, the Secretary shall reallocate in accordance with subparagraph (C) any amount available for distribution under this subsection that has not been committed to eligible projects or distributed under paragraph (1)(A), among the States and Indian tribes that have committed to eligible projects the full amount of their annual allocation for the preceding fiscal years. (C) Amount of reallocation The amount reallocated to each State or Indian tribe under each of subparagraph (B) shall be determined by the Secretary to reflect, to the extent practicable— (i) the proportion of unreclaimed eligible lands and waters the State or Indian tribe has in the inventory maintained under section 403(c); (ii) the average of the proportion of reclamation fees paid for lands in each State or lands of each Indian tribe concerned; and (iii) the proportion of coal mining employment loss incurred in the State or on lands of the Indian tribe, respectively, as determined by the Mine Safety and Health Administration, over the 5-year period preceding the fiscal year for which the reallocation is made. (e) Resolution of secretary’s concerns; congressional notification If the Secretary does not agree with a State or Indian tribe that a proposed project meets the criteria set forth in subsection (c)— (1) the Secretary and the State or tribe shall meet and confer for a period of not more than 45 days to resolve the Secretary’s concerns, except that such period may be shortened by the Secretary if the Secretary’s concerns are resolved; (2) during that period, at the State’s or Indian tribe’s request, the Secretary may consult with any appropriate Federal agency; and (3) at the end of that period, if the Secretary’s concerns are not resolved the Secretary shall provide to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an explanation of the concerns and such project proposal shall not be eligible for funds distributed under this section. (f) Acid mine drainage treatment A State or Indian tribe that receives funds under this section may use up to 30 percent of such funds as necessary to supplement the State’s or tribe’s acid mine drainage abatement and treatment fund established under section 402(g)(6)(A), for future operation and maintenance costs for the treatment of acid mine drainage associated with the individual projects funded under this section. (g) Project planning and administration (1) States and indian tribes A State or Indian tribe may use up to 10 percent of its annual distribution under this section for costs of administering this section consistent with existing practice under sections 401(c)(7) and 402(g)(1)(C) and the Office of Surface Mining Reclamation and Enforcement Assistance Manual. (2) Secretary The Secretary may expend, from amounts made available to the Secretary under section 402(g)(3)(D), not more than $3,000,000 during the fiscal years for which distributions occur under subsection (b) for staffing and other administrative expenses necessary to carry out this section. (h) Deadlines (1) Rules and guidelines To the extent necessary to implement this Act, the Secretary shall propose rules or develop guidelines (or both) not later than 90 days after the date of enactment of this section and shall publish them as final rules or guidelines, respectively, not later than 90 days thereafter. Within 60 days after the issuance of any such final rules or guidelines, the Secretary shall distribute the funds under subsection (d). (2) Project proposals The appropriate field office of the Office of Surface Mining Reclamation and Enforcement shall— (A) initially review, vet, and approve or disapprove of each project proposal under this section within 45 days after receipt by the field office of the proposal; and (B) issue an authorization to proceed on an approved project within 45 days after receipt by the field office of a request for such authorization from a State or Indian tribe. (i) Report to congress The Secretary shall provide to the Committee on Natural Resources of the House of Representatives, the Committees on Appropriations of the House of Representatives and the Senate, and the Committee on Energy and Natural Resources of the Senate at the end of each fiscal year for which such funds are distributed a detailed report— (1) on the various projects that have been undertaken with such funds; (2) the extent and degree of reclamation using such funds that achieved the priorities described in paragraph (1) or (2) of section 403(a); (3) the community and economic benefits that are resulting from, or are expected to result from, the use of the funds that achieved the priorities described in paragraph (3) of section 403(a); and (4) the reduction since the previous report in the inventory referred to in section 403(c). (j) Prohibition on certain use of funds Any State or Indian tribe that uses the funds distributed under this section for purposes other than reclamation or drainage abatement expenditures, as made eligible by section 404, and for the purposes authorized under subsections (f) and (g), shall be barred from receiving any subsequent funding under this section. . (b) Clerical amendment The table of contents in the first section of the Surface Mining Control and Reclamation Act of 1977 is amended by adding at the end of the items relating to title IV the following: Sec. 416. Abandoned mine land economic revitalization. . 3. Technical and conforming amendments The Surface Mining Control and Reclamation Act of 1977 is amended— (1) in section 401(c) ( 30 U.S.C. 1231(c) ), by striking and after the semicolon at the end of paragraph (10), by redesignating paragraph (11) as paragraph (12), and by inserting after paragraph (10) the following: (11) to implement section 416; and ; (2) in section 401(d)(3) ( 30 U.S.C. 1231(d)(3) ), by striking subsection (f) and inserting subsection (f) and section 416(a) ; (3) in section 402(g) ( 30 U.S.C. 1232(g) )— (A) in paragraph (1), by inserting and section 416 after subsection (h) ; and (B) by adding at the end of paragraph (3) the following: (F) For the purpose of section 416(d)(2)(A). ; and (4) in section 403(c) ( 30 U.S.C. 1233(c) ), by inserting after the second sentence the following: As practicable, States and Indian tribes shall offer such amendments based on the use of remote sensing, global positioning systems, and other advanced technologies. . 4. Minimum State payments Section 402(g)(8)(A) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(g)(8) ) is amended by striking $3,000,000 and inserting $5,000,000 . 5. GAO study of use of funds Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall study and report to the Congress on uses of funds authorized by this Act, including regarding— (1) the solvency of the Abandoned Mine Reclamation Fund; and (2) the impact of such use on payments and transfers under the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1201 ) to— (A) States and Indian Tribes for which a certification has been made under section 411 of such Act (30 U.S.C.1241); (B) States and Indian Tribes for which such a certification has not been made; and (C) transfers to United Mine Workers of America Combined Benefit Fund. 6. Payments to certified States not affected Nothing in this Act shall be construed to reduce or otherwise affect payments under section 402(g) of the Surface Mining Reclamation and Control Act of 1977 ( 30 U.S.C. 1232(g) ) to States that have made a certification under section 411(a) of such Act ( 30 U.S.C. 1240a(a) ) in which the Secretary of the Interior has concurred. | https://www.govinfo.gov/content/pkg/BILLS-117s1455is/xml/BILLS-117s1455is.xml |
117-s-1456 | II 117th CONGRESS 1st Session S. 1456 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Menendez (for himself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Health and Human Services to enter into a 10-year arrangement with the National Academy of Sciences to conduct and update biennially a study on the effects of State legalized marijuana programs, and for other purposes.
1. Short title This Act may be cited as the Marijuana Data Collection Act . 2. Findings Congress finds the following: (1) Nearly two-thirds of Americans—about 68 percent—favor marijuana legalization. (2) A total of 33 States, the District of Columbia, Puerto Rico, and Guam have legalized marijuana for medicinal use, and of those, 10 States and the District of Columbia have legalized marijuana for adult non-medicinal use. (3) Despite State legalization, marijuana remains illegal under Federal law, listed in schedule I under the Controlled Substances Act ( 21 U.S.C. 801 et seq.). (4) Every day, more Americans die from overdosing on opioids. In 2016, the Centers for Disease Control and Prevention estimated that more than 42,000 Americans died from opioid-related drug overdoses. President Trump has, on 2 separate occasions, declared the opioid crisis as a public health emergency. (5) Studies suggest that increased access to marijuana is associated with reductions in opioid abuse and opioid-related deaths, among other economic and social benefits: (A) A study published in the Journal of the American Medical Association (JAMA) in 2014 that compared mortality rates between States that legalized medical marijuana versus States that have not legalized medical marijuana found that States that had legalized medical marijuana had, on average, 20 percent fewer opioid-related overdose deaths in the first year of legalization compared to States that had not legalized marijuana. This difference widened in subsequent years after legalization. (B) A study published in the American Journal of Public Health in 2017 found that opioid-related deaths tended to decline after the legalization of non-medicinal marijuana for adults in the State of Colorado. This study estimated a 6.5-percent reduction in opioid-related deaths compared to pre-legalization. (6) Due to marijuana legalization, States have generated millions in taxes and revenue and have allocated these funds into public health, education, economic development, restorative justice, and job creation, such as— (A) substance use disorder treatment and drug use prevention programs; (B) school construction; (C) behavioral health programs; (D) State alcohol and drug treatments funds; (E) basic health plans; (F) community residential centers; (G) youth drug use prevention; (H) jail diversion; (I) mental health treatment; and (J) job creation and placement. (7) A robust and properly regulated marijuana industry wherein States are allowed to operate marijuana programs free from Federal interference stands to benefit States’ public health, education, economic, and law enforcement and judicial sectors. 3. Report concerning the effects of State legalized marijuana programs (a) In general The Secretary of Health and Human Services, in coordination with the Attorney General, the Secretary of Labor, and (to the greatest extent possible) with relevant State agencies responsible for health programs and activities in States that have legalized marijuana for medicinal or non-medicinal use, shall enter into a 10-year arrangement with the National Academy of Sciences— (1) to complete a study, not later than 18 months after the date of enactment of this Act, and to update such study on a biennial basis thereafter for the duration of the arrangement period, on the effects of State legalized marijuana programs on the economy, public health, criminal justice, and employment in the respective States; (2) upon the completion of the initial study pursuant to paragraph (1) and upon each update to the study, to prepare or update a report on the results of such study and submit such report to Congress; and (3) not later than 30 days after the date of submission of the initial report under paragraph (2), develop and publish best practices on data collection under subsection (e). (b) Study considerations The study pursuant to subsection (a)(1) shall consider the effects of State legalized marijuana programs, including yearly rates and trends over the course of the study under such subsection, with respect to the following: (1) Revenues and State allocations (A) The monetary amounts generated through revenues, taxes, and any other financial benefits. (B) The purposes and relative amounts for which such funds were used. (C) The total impact on the State and its budget. (2) Medicinal use of marijuana (A) The rates of medicinal use of marijuana among different population groups, including children, the elderly, veterans, and individuals with disabilities. (B) The purpose of such use. (C) Which medical conditions medical marijuana is most frequently purchased and used for. (3) Substance use (A) The rates of overdoses with opioids and other painkillers. (B) The rates of admission in health care facilities, emergency rooms, and volunteer treatment facilities related to overdoses with opioids and other painkillers. (C) The rates of opioid-related and other painkiller-related crimes to one’s self and to the community. (D) The rates of opioid prescriptions and other pain killers. (4) Impacts on criminal justice (A) The rates of marijuana-related arrests for possession, cultivation, and distribution, and of these arrests, the percentages that involved a secondary charge unrelated to marijuana possession, cultivation, or distribution, including— (i) the rates of such arrests on the Federal level, including the number of Federal prisoners so arrested, disaggregated by sex, age, race, and ethnicity of the prisoners; and (ii) the rates of such arrests on the State level, including the number of State prisoners so arrested, disaggregated by sex, age, race, and ethnicity. (B) The rates of arrests and citations on the Federal and State levels related to teenage use of marijuana. (C) The rates of arrests on the Federal and State levels for unlawful driving under the influence of a substance, and the rates of such arrests involving marijuana. (D) The rates of marijuana-related prosecutions, court filings, and imprisonments. (E) The total monetary amounts expended for marijuana-related enforcement, arrests, court filings and proceedings, and imprisonment before and after legalization, including Federal expenditures disaggregated according to whether the laws being enforced were Federal or State. (F) The total number and rate of defendants in Federal criminal prosecutions asserting as a defense that their conduct was in compliance with applicable State law legalizing marijuana usage, and the effects of such assertions. (5) Employment (A) The amount of jobs created in each State, differentiating between direct and indirect employment. (B) The amount of jobs expected to be created in the next 5 years, and in the next 10 years, as a result of the State’s marijuana industry. (c) Study timeframe The study pursuant to subsection (a)(1) shall consider the data collected and analyzed in connection with the items listed in subsection (b) in the respective States to the extent possible across the period— (1) beginning 5 years before the effective date of legalization of marijuana in the State; and (2) ending on a date determined by the National Academy of Sciences to allow collection and analysis of the most recent data available. (d) Report contents Reports pursuant to subsection (a)(2) shall— (1) address both State programs that have legalized marijuana for medicinal use and those that have legalized marijuana for adult non-medicinal use and to the extent practicable distinguish between such programs and their effects; (2) include a national assessment of average trends across States with such programs in relation to the effects on economy, public health, criminal justice, and employment in the respective States, including with respect to the items listed in subsection (b); and (3) describe— (A) any barriers that impeded the ability to complete or update aspects of the study required by subsection (a)(1) and how such barriers can be overcome for purposes of future studies; and (B) any gaps in the data sought for the study required by subsection (a)(1) and how these gaps can be eliminated or otherwise addressed for purposes of future studies. (e) Best practices for data collection by States The best practices pursuant to subsection (a)(3) shall consist of best practices for the collection by States of the information described in the items listed in subsection (b), including such best practices for improving— (1) data collection; (2) analytical capacity; (3) research integrity; and (4) the comparability of data across States. | https://www.govinfo.gov/content/pkg/BILLS-117s1456is/xml/BILLS-117s1456is.xml |
117-s-1457 | II 117th CONGRESS 1st Session S. 1457 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Markey (for himself, Ms. Warren , Mr. Whitehouse , Ms. Baldwin , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish programs to address addiction and overdoses caused by illicit fentanyl and other opioids, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Support, Treatment, and Overdose Prevention of Fentanyl Act of 2021 or the STOP Fentanyl 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. Definitions. Sec. 3. Findings. TITLE I—Fentanyl Research and Education Sec. 101. Enhanced fentanyl surveillance. Sec. 102. Collection of overdose data. Sec. 103. Fentanyl detection. Sec. 104. GAO report on international mail and cargo screening. Sec. 105. Contingency management program. TITLE II—Overdose Prevention and Substance Use Disorder Treatment Programs Sec. 201. NAM report on overdose prevention centers. Sec. 202. Naloxone. Sec. 203. Good Samaritan immunity. Sec. 204. Medication-assisted treatment. Sec. 205. Telehealth for substance use disorder treatment. Sec. 206. Grant program on harms of drug misuse. Sec. 207. Opioid treatment education. TITLE III—Public Health Data and Training Support for Fentanyl Detection Sec. 301. Public health support for law enforcement. Sec. 302. Report on countries that produce synthetic drugs. Sec. 303. Grants to improve public health surveillance in forensic laboratories. 2. Definitions In this Act, except as otherwise provided: (1) The term Assistant Secretary means the Assistant Secretary for Mental Health and Substance Use. (2) The term Secretary means the Secretary of Health and Human Services. (3) The term fentanyl-related substance has the meaning given the term in section 1308.11(h)(30)(i) of title 21, Code of Federal Regulations (or successor regulations). 3. Findings Congress finds the following: (1) The opioid epidemic has led to a rise in overdose deaths across the Nation. (2) In 2017, the number of overdose deaths involving opioids, including fentanyl, was 6 times higher than in 1999. (3) The age-adjusted rate of drug overdose deaths involving synthetic opioids other than methadone increased by 10 percent from 2017 to 2018. (4) The COVID–19 pandemic has been associated with substance use. According to the Centers for Disease Control and Prevention (CDC), 13 percent of surveyed adults had started or increased substance use to cope with stress or emotions related to COVID–19. (5) Federal agencies, along with Federal, State, and local lawmakers, have worked together to respond to the rise in overdose deaths through increased funding and targeted policy initiatives. (6) This includes the successful passage of the Comprehensive Addiction and Recovery Act of 2016 (CARA), the 21st Century Cures Act, and the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT for Patient and Communities Act). (7) These efforts have helped prevent, treat, and combat the opioid epidemic, but the rise in overdose deaths involving synthetic opioids like fentanyl means that not all communities are seeing a reduction in fatalities. (8) Drug overdose deaths in the United States involving fentanyl have risen from 2011 through 2016, growing from 1,600 fentanyl overdose related deaths in 2011 and 2012 to 18,000 deaths in 2016. (9) This rise in fentanyl overdose related deaths has disproportionately impacted communities of color. (10) According to the Centers for Disease Control and Prevention (CDC), drug overdose death rates involving fentanyl for non-Hispanic African Americans had the largest annual percentage increase from 2011 to 2016 at 140.6 percent per year, followed by Hispanic persons at 118.3 percent per year. Fentanyl-involved overdose rates for non-Hispanic White persons increased by 108.8 percent from 2013 to 2016. (11) According to the CDC, rates of drug overdose deaths involving fentanyl increased exponentially from 2011 through 2016 for most regions of the United States. (12) Fentanyl is increasingly being identified in nonopioid substances, like methamphetamine and cocaine. (13) By 2017, over half of heroin and cocaine overdose death records involved synthetic opioids. (14) Previous policies to counter the widespread use of illicit substances through tougher sentencing guidelines disproportionately impact communities of color. (15) There is a growing need for a comprehensive plan focused on monitoring, researching, treating, and preventing fentanyl overdose deaths. (16) Taking a public health approach to reversing overdose death trends and promoting equity should emphasize increasing research and expanding access to treatment. I Fentanyl Research and Education 101. Enhanced fentanyl surveillance (a) In general The Director of the Centers for Disease Control and Prevention shall enhance the drug surveillance program of the Centers by— (1) expanding such surveillance program to include all 50 States, the territories of the United States, and all Tribes and Tribal organizations; (2) increasing and accelerating the collection of data on fentanyl, fentanyl-related substances, other synthetic opioids, and new emerging drugs of abuse, including related overdose data from medical examiners and drug treatment admissions and information regarding drug seizures; and (3) utilizing available and emerging information on fentanyl, fentanyl-related substances, other synthetic opioids, and new emerging drugs of abuse, including information from— (A) the National Drug Early Warning System; (B) State and local public health authorities; (C) Federal, State, and local public health laboratories; and (D) drug seizures by Federal, State, and local law enforcement agencies, including information from the National Seizure System and the National Forensic Laboratory Information System of the Drug Enforcement Administration. (b) Information sharing The Director of the Centers for Disease Control and Prevention shall share the information collected through the drug surveillance program of the Centers with entities including the Office of National Drug Control Policy, State and local public health agencies, and Federal, State, and local law enforcement agencies. (c) Law enforcement reporting Each Federal law enforcement agency shall report information on all drug seizures by that agency to the Drug Enforcement Administration for inclusion in the National Seizure System. (d) GAO report Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall— (1) publish a report analyzing how Federal agencies can improve their collection, reporting, sharing, and analytic use of drug seizure data across Federal agencies and with State and local governments; and (2) include in such report an analysis of how well available data on drug seizures can measure progress toward reducing drug trafficking into and within the country, as outlined in strategies such as the National Drug Control Strategy of the Office of National Drug Control Policy. (e) Authorization of appropriations To carry out this section, there is authorized to be appropriated $125,000,000 for each of fiscal years 2022 through 2026. 102. Collection of overdose data (a) In general Not later than one year after the date of enactment of this Act, the Secretary shall conduct a study on how to most efficiently track overdoses by type of drug, including fentanyl. (b) Grant program (1) In general Upon completion of the study under subsection (a), and taking into consideration the results of such study, the Secretary shall award grants to States to facilitate the collection of data with respect to fentanyl-involved overdoses. (2) Requirement As a condition on receipt of a grant under this subsection, an applicant shall agree to share the data collected pursuant to the grant with the Centers for Disease Control and Prevention. (3) Preference In awarding grants under this subsection, the Secretary shall give preference to applicants whose grant proposals demonstrate the greatest need for collecting timely and accurate data on overdoses. 103. Fentanyl detection (a) Testing of contaminants (1) In general The Secretary, acting through the Assistant Secretary and in coordination with the Director of the Centers for Disease Control and Prevention, shall establish a pilot program through which 5 entities, in 5 States representing diverse regions, use chemical screening devices to identify contaminants, including fentanyl and fentanyl-related substances, in illicit street drugs. (2) Evaluation Not later than the end of fiscal year 2025, the Secretary shall— (A) complete an evaluation of the most effective ways of expanding the pilot program under this subsection to decrease rates of overdose; and (B) submit a report to the appropriate congressional committees on the results of such evaluation. (3) Definition In this subsection, the term chemical screening device means an infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, ion mobility spectrometer, or any other device or other technology that is able to determine the presence of, or identify, one or more contaminants in illegal street drugs. (4) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. (b) Research into technologies (1) In general The Secretary shall conduct or support research for the development or improvement of portable and affordable technologies related to testing drugs for fentanyl and fentanyl-related substances, including chemical screening device methods. (2) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $25,000,000 for each of fiscal years 2022 through 2026. 104. GAO report on international mail and cargo screening Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report reviewing the impact of illicit fentanyl and fentanyl-related substances imported through international mail and cargo, including discussion of the following: (1) The volume of fentanyl and fentanyl-related substances being imported into the United States by means of international mail and cargo. (2) The potential impact of increased screening for illicit fentanyl and fentanyl-related substances on— (A) deterring drug trafficking in the United States; (B) interdicting fentanyl and fentanyl-related substances that were manufactured outside of the United States and intended, or attempted, to be imported into the United States; (C) the number of Federal criminal prosecutions based on the manufacture, distribution, or possession of fentanyl or fentanyl-related substances, disaggregated by demographic data, including sex, race, and ethnicity, of the offender; (D) the charges brought in prosecutions described in subparagraph (C); (E) the impacts of prosecutions described in subparagraph (C) on reducing demand for, and availability to users of, fentanyl and fentanyl-related substances; and (F) the development of new fentanyl-related substances. (3) The need for non-invasive technology in screening for fentanyl and fentanyl-related substances, taking into account the findings under paragraphs (1) and (2). 105. Contingency management program (a) In general The Secretary shall— (1) develop and implement a program of using contingency management principles to discourage the use of illicit drugs; and (2) as part of such program use incentive-based interventions— (A) to increase substance misuse treatment retention; and (B) to promote adherence to treatment goals, including negative urinalysis. (b) Authorization of appropriations To carry out this section, there is authorized to be appropriated $25,000,000 for each of fiscal years 2022 through 2026. II Overdose Prevention and Substance Use Disorder Treatment Programs 201. NAM report on overdose prevention centers Not later than one year after the date of enactment of this Act, the Comptroller General of the United States shall enter into an arrangement with the National Academy of Medicine (or, if the Academy declines, another appropriate entity) to— (1) submit to Congress a report on overdose prevention centers; and (2) include in such report— (A) a review of the effectiveness of legally authorized overdose prevention centers in the United States and abroad on lowering overdose deaths; and (B) an assessment of the effectiveness of overdose prevention centers on improving access to medication-assisted treatment and recovery services. 202. Naloxone (a) Naloxone pricing transparency (1) Reporting requirement Not later than the date that is one year after the date of enactment of this Act, and annually thereafter, to better understand how research and development costs, manufacturing and marketing costs, acquisitions, Federal investments, revenues and sales, and other factors influence drug prices, each manufacturer of naloxone or any other drug approved by the Food and Drug Administration for opioid overdose reversal shall report to the Secretary— (A) with respect to naloxone (or such other drug)— (i) total expenditures of the manufacturer on— (I) materials and manufacturing for such drug; (II) acquiring patents and licensing; and (III) costs to purchase or acquire the drug from another company, if applicable; (ii) the percentage of total expenditures of the manufacturer on research and development for such drug that was derived from Federal funds; (iii) the total expenditures of the manufacturer on research and development for such drug; (iv) the total revenue and net profit generated from the applicable drug for each calendar year since drug approval; (v) the total expenditures of the manufacturer that are associated with marketing and advertising for such drug; (vi) the wholesale acquisition cost for such drug; (vii) the average out-of-pocket cost of such drug to the consumer; and (viii) patient utilization rates for such drug; and (B) additional information specific to the manufacturer as the Secretary may require, to include at a minimum— (i) the total revenue and net profit of the manufacturer for the reporting period; (ii) metrics used to determine executive compensation; and (iii) any additional information related to drug pricing decisions of the manufacturer, such as total expenditures on— (I) drug research and development; or (II) clinical trials on drugs that failed to receive approval by the Food and Drug Administration. (2) Reporting period The reporting period for the reports under paragraph (1) shall be as follows: (A) For the initial report under paragraph (1), the 10-year period preceding the report. (B) For subsequent reports, the 12-month period preceding the respective reports. (3) Publicly available (A) In general Subject to subparagraph (B), not later than 30 days after receiving the information under paragraph (1), the Secretary shall post on the internet website of the Centers for Medicare & Medicaid Services the information reported under paragraph (1) in written format and using language that is easily understandable by beneficiaries under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq.; 1396 et seq.). (B) Exclusion of proprietary information The Secretary shall exclude proprietary information, such as trade secrets and intellectual property, submitted by the manufacturer under paragraph (1) from the posting described in subparagraph (A). (b) Study on classification of naloxone as a prescription drug The Commissioner of Food and Drugs shall— (1) not later one year after the date of enactment of this Act, determine whether naloxone should remain subject to the requirements of section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ) or be reclassified as an over-the-counter drug; and (2) take such actions as may be appropriate, consistent with such determination. 203. Good Samaritan immunity (a) Limitation on civil liability for individuals who administer opioid overdose reversal drugs (1) In general Notwithstanding any other provision of law, except as provided in paragraph (2), no individual shall be liable in any Federal or State proceeding for harm caused by the emergency administration of an opioid overdose reversal drug to an individual who has or reasonably appears to have suffered an overdose from heroin or another opioid, if— (A) the individual who administers the opioid overdose reversal drug obtained the drug from— (i) a health care professional as part of an opioid overdose prevention program; or (ii) any source as permitted under applicable State law; or (B) the individual administers the opioid overdose reversal drug in good faith. (2) Exception Paragraph (1) shall not apply to an individual if the harm was caused by the gross negligence or reckless misconduct of the individual who administers the drug. (3) Definitions In this subsection: (A) The term health care professional means a person licensed by a State to prescribe prescription drugs. (B) The term opioid overdose reversal drug means a drug approved under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) that is indicated for the partial or complete reversal of the pharmacological effects of an opioid overdose in the human body. (C) The term opioid overdose prevention program means a program operated by a local health department, harm reduction or other community-based organization, substance abuse treatment organization, law enforcement agency, fire department, other first responder department, or voluntary association, or a program funded by a Federal, State, or local government, that works to prevent opioid overdoses by in part providing opioid overdose reversal drugs and education— (i) to individuals at risk of experiencing an opioid overdose; or (ii) to an individual in a position to assist another individual at risk of experiencing an opioid overdose. (b) Immunity from liability (1) In general An individual who, in good faith and in a timely manner— (A) seeks medical assistance for another individual who is experiencing a drug overdose shall not be cited, arrested, prosecuted, criminally liable, or subject to any sanction for a violation of a condition of supervised release under section 404 of the Controlled Substances Act ( 21 U.S.C. 844 ) for the possession or use of a controlled substance, or under any other provision of Federal law regulating the misuse of prescription drugs, as a result of seeking such medical assistance; or (B) seeks medical assistance for himself or herself for a drug overdose, or is the subject of a request for medical assistance described in subparagraph (A), shall not be cited, arrested, prosecuted, criminally liable, or subject to any sanction for a violation of a condition of supervised release, under section 404 of the Controlled Substances Act ( 21 U.S.C. 844 ) for the possession or use of a controlled substance, or under any other provision of Federal law regulating the misuse of prescription drugs, as a result of seeking such medical assistance. (2) Preemption This subsection preempts the laws of a State or any political subdivision of a State to the extent that such laws are inconsistent with this section, unless such laws provide greater protection from liability. (3) Definitions In this section: (A) The term controlled substance has the meaning given the term in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (B) The term drug overdose means an acute condition resulting from or believed to be resulting from the use of a controlled substance, which an individual, who is not a health care professional, would reasonably believe requires medical assistance. (C) The term prescription drug means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ). (D) The terms seeks medical assistance and seeking such medical assistance include— (i) reporting a drug or alcohol overdose or other medical emergency to a law enforcement authority, the 9–1–1 system, a poison control center, or a medical provider; (ii) assisting another individual who is making a report described in clause (i); or (iii) providing care to someone who is experiencing a drug or alcohol overdose or other medical emergency while awaiting the arrival of medical assistance. (c) Seeking assistance as a mitigating factor Section 3553 of title 18, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Seeking medical assistance (1) In general Notwithstanding any other provision of law, in imposing a sentence pursuant to guidelines promulgated by the United States Sentencing Commission under section 994 of title 28 against a defendant convicted of an offense as a result of seeking medical assistance for another individual who is experiencing a drug overdose, or for himself or herself for a drug overdose, other than an offense described in section 203(b)(1)(A) of the STOP Fentanyl Act of 2021 , the court shall consider the act of seeking medical assistance as a mitigating factor. (2) Definitions In this subsection, the terms drug overdose and seeking medical assistance have the meanings given to such terms in section 203(b) of the STOP Fentanyl Act of 2021 . . 204. Medication-assisted treatment (a) Opioid treatment program regulations (1) Definition In this subsection, the term opioid treatment program means a program or practitioner engaged in opioid treatment of individuals with an opioid agonist treatment medication registered under section 303(g)(1) of the Controlled Substances Act ( 21 U.S.C. 823(g)(1) ). (2) Elimination of patient eligibility requirement The Secretary shall amend section 8.12(e)(1) of title 42, Code of Federal Regulations (and such other regulations in part 8 of such title 42 as may be necessary) to eliminate the requirement that the person became addicted at least 1 year before admission for maintenance treatment under an opioid treatment program. (3) Survey (A) In general Not later than one year after the date of enactment of this Act, the Assistant Secretary shall— (i) complete a survey of the use in opioid treatment programs of take-home prescription medications; and (ii) submit a report to Congress on the findings of the survey. (B) Required assessment The survey under paragraph (1) shall assess— (i) the frequency of use of take-home medication, as allowed under section 8.12(i) of title 42, Code of Federal Regulations; (ii) the extent to which the limitations on doses for take-home use listed in section 8.12(i)(3)(i), (ii), (iii), and (iv) of such title 42 unduly burden treatment of individuals with opioid use disorder; and (iii) whether and how individuals receiving medications for take-home use receive all services listed in section 8.12(f) of such title 42. (b) Treatment in rural and underserved populations Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall complete a study and submit a report to Congress on ways in which the Substance Abuse and Mental Health Services Administration can provide and support health services, including treatment for substance use disorders, to individuals in rural (including agricultural) and medically underserved communities (as defined in section 799B of the Public Health Service Act ( 42 U.S.C. 295p )), taking into account the following: (1) Stigma. (2) Using data. (3) Telemedicine. (4) Managing fiscal resources in a community impacted by addiction. (5) Workforce development. (6) Broadband. (7) Overcoming economic challenges. (8) Prevention. (9) Transportation. (10) Nutritional services. (11) Medication-assisted treatment. (12) Educating law enforcement personnel about addiction. (13) Drug courts. (14) Educating the faith community about addiction. (15) Recovery support. (16) Housing. (17) Harm reduction services. (c) Prisons and medication-Assisted treatment (1) In general The Director of the Bureau of Prisons shall establish a program to offer— (A) medication-assisted treatment for opioid use disorder to individuals in the custody of the Bureau of Prisons and include in such treatment all drugs that are approved by the Food and Drug Administration to treat opioid use disorder; and (B) withdrawal management services to individuals in the custody of the Bureau of Prisons to provide a comprehensive treatment approach to substance use disorders. (2) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated to the Director of the Bureau of Prisons $150,000,000 for each of fiscal years 2022 through 2026. (d) Residential substance abuse treatment for State prisoners Section 1904(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10424(d) ) is amended— (1) by striking means and inserting the following: (1) means ; and (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (2) includes any such course of comprehensive individual and group substance abuse treatment services using medication-assisted treatment for opioid use disorder (including the use of any drug approved or licensed by the Food and Drug Administration for such treatment). . 205. Telehealth for substance use disorder treatment Section 309(e)(2) of the Controlled Substances Act ( 21 U.S.C. 829(e)(2) ) is amended— (1) in subparagraph (A)(i)— (A) by striking at least 1 in-person medical evaluation and inserting the following: at least— (I) 1 in-person medical evaluation ; and (B) by adding at the end the following: (II) for purposes of prescribing a controlled substance in schedule III or IV, 1 telehealth evaluation; or ; and (2) by adding at the end the following: (D) (i) The term telehealth evaluation means a medical evaluation that is conducted in accordance with applicable Federal and State laws by a practitioner (other than a pharmacist) who is at a location remote from the patient and is communicating with the patient using a telecommunications system referred to in section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) that includes, at a minimum, audio and video equipment permitting two-way, real-time interactive communication between the patient and distant site practitioner. (ii) Nothing in clause (i) shall be construed to imply that 1 telehealth evaluation demonstrates that a prescription has been issued for a legitimate medical purpose within the usual course of professional practice. (iii) A practitioner who prescribes the drugs or combination of drugs that are covered under section 303(g)(2)(C) using the authority under subparagraph (A)(i)(II) of this paragraph shall adhere to nationally recognized evidence-based guidelines for the treatment of patients with opioid use disorders and a diversion control plan, as those terms are defined in section 8.2 of title 42, Code of Federal Regulations, as in effect on the date of enactment of this subparagraph. . 206. Grant program on harms of drug misuse (a) In general The Assistant Secretary, in consultation with the Director of the Centers for Disease Control and Prevention, shall award grants to States, political subdivisions of States, Tribes, Tribal organizations, and community-based entities to support the delivery of overdose prevention, syringe services programs, and other harm reduction services that address the harms of drug misuse, including by— (1) preventing and controlling the spread of infectious diseases, such as HIV/AIDS and viral hepatitis, and the consequences of such diseases for individuals with substance use disorder; (2) distributing opioid antagonists, such as naloxone, to individuals at risk of overdose; (3) connecting individuals at risk for, or with, a substance use disorder to overdose education, counseling, and health education; and (4) encouraging such individuals to take steps to reduce the negative personal and public health impacts of substance use or misuse. (b) Considerations In awarding grants under this section, the Assistant Secretary shall prioritize grants to applicants that are— (1) culturally specific organizations, Tribal behavioral health and substance use disorder providers, or organizations that are intentional about serving populations where COVID–19 has had the most impact; or (2) proposing to serve areas with— (A) a higher proportion of the population who meet criteria for dependence on, or abuse of, illicit drugs; (B) a higher drug overdose death rate; (C) a greater telemedicine infrastructure need; and (D) a greater behavioral health and substance use disorder workforce need. (c) Use of grant awards A recipient of a grant under this section may use such grant funds for the following purposes: (1) Adapt, maintain, and expand essential services provided by harm reduction service organizations to address the risks of COVID–19, drug overdose, and contraction of infectious disease. (2) Maintain or hire staff. (3) Support program operational costs, including staff, rent, and vehicle purchase or maintenance. (4) Program supplies. (5) Support and case management services. (d) Authorization of appropriations To carry out this section, there is authorized to be appropriated $50,000,000 for fiscal year 2022, to remain available until expended. 207. Opioid treatment education (a) In general The Secretary shall award grants to States and local governmental entities to provide education to stakeholders, including health care providers, criminal justice professionals, and substance use disorder treatment personnel, on the current state of research on treatment for opioid dependence, including— (1) the use of opioid agonists or partial agonists; and (2) the potential benefits of the use of opioid agonists or partial agonists for affected individuals. (b) Authorization of appropriations To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026. III Public Health Data and Training Support for Fentanyl Detection 301. Public health support for law enforcement (a) Support for fentanyl detection and handling The Secretary, in consultation with the Attorney General, shall establish a program to provide to Federal, State, and local law enforcement agencies public health training on how to detect and handle fentanyl. (b) Evidence-Based The program under subsection (a) shall comply with evidence-based guidelines, including the Fentanyl Safety Recommendations for First Responders (or any successor guidelines) of the Office of National Drug Control Policy. (c) Authorization of appropriations To carry out this section, there is authorized to be appropriated $5,000,000 for each of fiscal years 2022 through 2026. 302. Report on countries that produce synthetic drugs Not later than 1 year after the date of enactment of this Act, the Secretary of State shall submit to Congress a report— (1) identifying the countries the Secretary determines are the principal producers of synthetic drugs trafficked into the United States; (2) assessing how and why those countries are producing such drugs; and (3) describing measures the Secretary plans to take to reduce the flow of such drugs into the United States. 303. Grants to improve public health surveillance in forensic laboratories Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq.) is amended by adding at the end the following: PP Confronting the Use of Heroin, Fentanyl, and Associated Synthetic Drugs 3061. Authority to make grants to address public safety through improved forensic laboratory data (a) Purpose The purpose of this section is to assist States and units of local government in— (1) carrying out programs to improve surveillance of seized heroin, fentanyl, and associated synthetic drugs to enhance public health; and (2) improving the ability of State, tribal, and local government institutions to carry out such programs. (b) Grant authorization The Attorney General, acting through the Director of the Bureau of Justice Assistance, may make grants to States and units of local government to improve surveillance of seized heroin, fentanyl, and associated synthetic drugs to enhance public health. (c) Grant projects To improve surveillance of seized heroin, fentanyl, and associated synthetic drugs Grants made under subsection (b) shall be used for programs, projects, and other activities to— (1) reimburse State, local, or other forensic science laboratories to help address backlogs of untested samples of heroin, fentanyl, and associated synthetic drugs; (2) reimburse State, local, or other forensic science laboratories for procuring equipment, technology, or other support systems if the applicant for the grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in improved efficiency of laboratory testing and help prevent future backlogs; (3) reimburse State, local, or other forensic science laboratories for improved, real-time data exchange with the Centers for Disease Control and Prevention on fentanyl, fentanyl-related substances, and other synthetic drugs present in the local communities; and (4) support State, tribal, and local health department services deployed to address the use of heroin, fentanyl, and associated synthetic drugs. (d) Limitation Not less than 60 percent of the amounts made available to carry out this section shall be awarded for the purposes under paragraph (1) or (2) of subsection (c). (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2022 and 2023. (f) Allocation (1) Population allocation Seventy-five percent of the amount made available to carry out this section in a fiscal year shall be allocated to each State that meets the requirements of section 2802 so that each State shall receive an amount that bears the same ratio to the 75 percent of the total amount made available to carry out this section for that fiscal year as the population of the State bears to the population of all States. (2) Discretionary allocation Twenty-five percent of the amount made available to carry out this section in a fiscal year shall be allocated pursuant to the discretion of the Attorney General for competitive grants to States or units of local government with high rates of primary treatment admissions for heroin and other opioids, for use by State or local law enforcement agencies. (3) Minimum requirement Each State shall receive not less than 0.6 percent of the amount made available to carry out this section in each fiscal year. (4) Certain territories (A) In general For purposes of the allocation under this section, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as 1 State. (B) Allocation amongst certain territories For purposes of subparagraph (A), 67 percent of the amount allocated shall be allocated to American Samoa and 33 percent shall be allocated to the Commonwealth of the Northern Mariana Islands. . | https://www.govinfo.gov/content/pkg/BILLS-117s1457is/xml/BILLS-117s1457is.xml |
117-s-1458 | II 117th CONGRESS 1st Session S. 1458 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Thune (for himself, Ms. Stabenow , Mr. Casey , Mr. Rounds , and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Crop Insurance Act to encourage the planting of cover crops following prevented planting, and for other purposes.
1. Short title This Act may be cited as the Cover Crop Flexibility Act of 2021 . 2. Cover crops planted due to prevented planting (a) In general Section 508A of the Federal Crop Insurance Act ( 7 U.S.C. 1508a ) is amended— (1) in subsection (c)— (A) in paragraph (1)(B)(ii)— (i) by striking collect an indemnity and inserting the following: collect— (I) an indemnity ; (ii) in subclause (I) (as so designated), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (II) an indemnity payment that is equal to the prevented planting guarantee for the acreage for the first crop, if the second crop— (aa) is an approved cover crop that— (AA) will be planted for use as animal feed or bedding that is hayed, grazed (rotationally, adaptively, or at equal to or less than the carrying capacity), or chopped outside of the primary nesting season; or (BB) will not be harvested, such as a crop with an intended use of being left standing or cover; and (bb) cannot be harvested for grain or other uses unrelated to livestock forage or conservation, as determined by the Corporation. ; and (B) in paragraph (3)— (i) by inserting a second crop described in item (aa) or (bb) of paragraph (1)(B)(ii)(II), or before double cropping ; and (ii) by striking make an election under paragraph (1)(B) and inserting makes an election under paragraph (1)(B)(ii)(I) ; and (2) by inserting at the end the following: (f) Prevented planting coverage factors For producers that plant cover crops following prevented planting, the Corporation may provide separate prevented planting coverage factors that include preplanting costs and the cost of cover crop seed. . (b) Research and development Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended by adding at the end the following: (20) Cover crops (A) In general The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure crops on fields that regularly utilize cover crops. (B) Requirements Research and development under subparagraph (A) shall include— (i) a review of prevented planting coverage factors described in section 508A(f) and an evaluation of whether to include cover crop seed costs and costs related to grazing in the calculation of a factor; (ii) the extent to which cover crops reduce the risk of subsequent prevented planting; (iii) the extent to which cover crops make crops more resilient to or otherwise reduce the risk of loss resulting from natural disasters such as drought; (iv) the extent to which increased regularity of using cover crops or interactions with other practices such as tillage or rotation affects risk reduction; (v) whether rotational, adaptive, or other prescribed grazing of cover crops can maintain or improve risk reduction; and (vi) how best to account for any reduced risk and provide a benefit to producers using cover crops through a separate plan or policy of insurance. (C) Report Not later than 18 months after the date of enactment of this paragraph, the Corporation shall make available on the website of the Corporation, and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that— (i) describes the results of the research and development carried out under subparagraph (A); and (ii) includes any recommendations with respect to those results. . | https://www.govinfo.gov/content/pkg/BILLS-117s1458is/xml/BILLS-117s1458is.xml |
117-s-1459 | II 117th CONGRESS 1st Session S. 1459 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Padilla (for himself and Mrs. Feinstein ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the protection of and investment in certain Federal land in the State of California, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Protecting Unique and Beautiful Landscapes by Investing in California Lands Act or the PUBLIC Lands Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Northwest California Wilderness, Recreation, and Working Forests Sec. 101. Definitions. Subtitle A—Restoration and Economic Development Sec. 111. South Fork Trinity-Mad River Restoration Area. Sec. 112. Redwood National and State Parks restoration. Sec. 113. California Public Land Remediation Partnership. Sec. 114. Trinity Lake visitor center. Sec. 115. Del Norte County visitor center. Sec. 116. Management plans. Sec. 117. Study; partnerships related to overnight accommodations. Subtitle B—Recreation Sec. 121. Horse Mountain Special Management Area. Sec. 122. Bigfoot National Recreation Trail. Sec. 123. Elk Camp Ridge Recreation Trail. Sec. 124. Trinity Lake Trail. Sec. 125. Trails study. Sec. 126. Construction of mountain bicycling routes. Sec. 127. Partnerships. Subtitle C—Conservation Sec. 131. Designation of wilderness. Sec. 132. Administration of wilderness. Sec. 133. Designation of potential wilderness. Sec. 134. Designation of wild and scenic rivers. Sec. 135. Sanhedrin Special Conservation Management Area. Subtitle D—Miscellaneous Sec. 141. Maps and legal descriptions. Sec. 142. Updates to land and resource management plans. Sec. 143. Pacific Gas and Electric Company utility facilities and rights-of-way. TITLE II—Central Coast Heritage Protection Sec. 201. Definitions. Sec. 202. Designation of wilderness. Sec. 203. Designation of the Machesna Mountain Potential Wilderness. Sec. 204. Administration of wilderness. Sec. 205. Designation of Wild and Scenic Rivers. Sec. 206. Designation of the Fox Mountain Potential Wilderness. Sec. 207. Designation of scenic areas. Sec. 208. Condor National Scenic Trail. Sec. 209. Forest service study. Sec. 210. Nonmotorized recreation opportunities. Sec. 211. Use by members of Indian Tribes. TITLE III—San Gabriel Mountains Foothills and Rivers Protection Sec. 301. Definition of State. Subtitle A—San Gabriel National Recreation Area Sec. 311. Purposes. Sec. 312. Definitions. Sec. 313. San Gabriel National Recreation Area. Sec. 314. Management. Sec. 315. Acquisition of non-Federal land within Recreation Area. Sec. 316. Water rights; water resource facilities; public roads; utility facilities. Sec. 317. San Gabriel National Recreation Area Public Advisory Council. Sec. 318. San Gabriel National Recreation Area Partnership. Sec. 319. Visitor services and facilities. Subtitle B—San Gabriel Mountains Sec. 321. Definitions. Sec. 322. National Monument Boundary Modification. Sec. 323. Designation of Wilderness Areas and Additions. Sec. 324. Administration of Wilderness Areas and Additions. Sec. 325. Designation of Wild and Scenic Rivers. Sec. 326. Water rights. I Northwest California Wilderness, Recreation, and Working Forests 101. Definitions In this title: (1) Secretary The term Secretary means— (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (2) State The term State means the State of California. A Restoration and Economic Development 111. South Fork Trinity-Mad River Restoration Area (a) Definitions In this section: (1) Collaboratively developed The term collaboratively developed means, with respect to a restoration project, the development and implementation of the restoration project through a collaborative process that— (A) includes— (i) appropriate Federal, State, and local agencies; and (ii) multiple interested persons representing diverse interests; and (B) is transparent and nonexclusive. (2) Plantation The term plantation means a forested area that has been artificially established by planting or seeding. (3) Restoration The term restoration means the process of assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed by establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial and aquatic ecosystem sustainability, resilience, and health under current and future conditions. (4) Restoration area The term restoration area means the South Fork Trinity-Mad River Restoration Area established by subsection (b). (5) Shaded fuel break The term shaded fuel break means a vegetation treatment that— (A) effectively addresses all slash generated by a project; and (B) retains, to the maximum extent practicable— (i) adequate canopy cover to suppress plant regrowth in the forest understory following treatment; (ii) the longest living trees that provide the most shade over the longest period of time; (iii) the healthiest and most vigorous trees with the greatest potential for crown growth in— (I) plantations; and (II) natural stands adjacent to plantations; and (iv) mature hardwoods. (6) Stewardship contract The term stewardship contract means an agreement or contract entered into under section 604 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591c ). (7) 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 ). (b) Establishment Subject to valid existing rights, there is established the South Fork Trinity-Mad River Restoration Area, comprising approximately 871,414 acres of Federal land administered by the Forest Service and the Bureau of Land Management, as generally depicted on the map entitled South Fork Trinity-Mad River Restoration Area and dated May 15, 2020. (c) Purposes The purposes of the restoration area are— (1) to establish, restore, and maintain fire-resilient late successional forest structures characterized by large trees and multistoried canopies, as ecologically appropriate, in the restoration area; (2) to protect late successional reserves in the restoration area; (3) to enhance the restoration of Federal land in the restoration area; (4) to reduce the threat posed by wildfires to communities in or in the vicinity of the restoration area; (5) to protect and restore aquatic habitat and anadromous fisheries; (6) to protect the quality of water within the restoration area; and (7) to allow visitors to enjoy the scenic, recreational, natural, cultural, and wildlife values of the restoration area. (d) Management (1) In general The Secretary shall manage the restoration area— (A) in a manner— (i) consistent with the purposes described in subsection (c); and (ii) in the case of the Forest Service, that prioritizes the restoration of the restoration area over other nonemergency vegetation management projects on the portions of the Six Rivers and Shasta-Trinity National Forests in Humboldt and Trinity Counties, California; (B) in accordance with an agreement entered into by the Chief of the Forest Service and the Director of the United States Fish and Wildlife Service— (i) for cooperation to ensure the timely consultation required under section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) on restoration projects within the restoration area; and (ii) to maintain and exchange information on planning schedules and priorities with respect to the restoration area on a regular basis; (C) in accordance with— (i) the laws (including regulations) and rules applicable to the National Forest System, with respect to land managed by the Forest Service; (ii) the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq.), with respect to land managed by the Bureau of Land Management; (iii) this title; and (iv) any other applicable law (including regulations); and (D) in a manner consistent with congressional intent that consultation for restoration projects within the restoration area be completed in a timely and efficient manner. (2) Conflict of laws (A) In general The establishment of the restoration area shall not modify the management status of any land or water that is designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System, including land or water designated as a component of the National Wilderness Preservation System or the National Wild and Scenic Rivers System by this title (including an amendment made by this title). (B) Resolution of conflict If there is a conflict between a law applicable to a component described in subparagraph (A) and this section, the more restrictive provision shall control. (3) Uses (A) In general The Secretary shall only allow uses of the restoration area that the Secretary determines would further the purposes described in subsection (c). (B) Priority The Secretary shall give priority to restoration activities within the restoration area. (C) Limitation Nothing in this section limits the ability of the Secretary to plan, approve, or prioritize activities outside of the restoration area. (4) Wildland fire (A) In general Nothing in this section prohibits the Secretary, in cooperation with Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the restoration area, consistent with the purposes of this section. (B) Priority To the maximum extent practicable, the Secretary may use prescribed burning and managed wildland fire to achieve the purposes of this section. (5) Road decommissioning (A) Definition of decommission In this paragraph, the term decommission means, with respect to a road— (i) to reestablish vegetation on the road; and (ii) to restore any natural drainage, watershed function, or other ecological process that is disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (B) Decommissioning To the maximum extent practicable, the Secretary shall decommission any unneeded National Forest System road or any unauthorized road identified for decommissioning within the restoration area— (i) subject to appropriations; (ii) consistent with the analysis required under subparts A and B of part 212 of title 36, Code of Federal Regulations (or successor regulations); and (iii) in accordance with existing law. (C) Additional requirement In making determinations with respect to the decommissioning of a road under subparagraph (B), the Secretary shall consult with— (i) appropriate State, Tribal, and local governmental entities; and (ii) members of the public. (6) Vegetation management (A) In general Subject to subparagraphs (B), (C), and (D), the Secretary may carry out any vegetation management projects in the restoration area that the Secretary determines to be necessary— (i) to maintain or restore the characteristics of ecosystem composition and structure; (ii) to reduce wildfire risk to the community by promoting forests that are fire resilient; (iii) to improve the habitat of threatened species, endangered species, or sensitive species; (iv) to protect or improve water quality; or (v) to enhance the restoration of land within the restoration area. (B) Additional requirements (i) Shaded fuel breaks In carrying out subparagraph (A), the Secretary shall prioritize, as practicable, the establishment in the restoration area of a network of shaded fuel breaks within— (I) any portion of the wildland-urban interface that is within 150 feet of private property contiguous to Federal land; (II) on the condition that the Secretary includes vegetation treatments within a minimum of 25 feet of a road that is open to motorized vehicles as of the date of enactment of this Act if practicable, feasible, and appropriate as part of any shaded fuel break— (aa) 150 feet of the road; or (bb) as topography or other conditions require, 275 feet of the road, if the combined total width of the shaded fuel breaks for both sides of the road does not exceed 300 feet; or (III) 150 feet of any plantation. (ii) Plantations; riparian reserves The Secretary may carry out vegetation management projects— (I) in an area within the restoration area in which a fish or wildlife habitat is significantly compromised as a result of past management practices (including plantations); and (II) in designated riparian reserves in the restoration area, as the Secretary determines to be necessary— (aa) to maintain the integrity of fuel breaks; or (bb) to enhance fire resilience. (C) Applicable law The Secretary shall carry out vegetation management projects in the restoration area— (i) in accordance with— (I) this section; and (II) applicable law (including regulations); (ii) after providing an opportunity for public comment; and (iii) subject to appropriations. (D) Best available science The Secretary shall use the best available science in planning and carrying out vegetation management projects in the restoration area. (7) Grazing (A) Existing grazing The grazing of livestock in the restoration area, where established before the date of enactment of this Act, shall be permitted to continue— (i) subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary; (ii) in accordance with applicable law (including regulations); and (iii) in a manner consistent with the purposes described in subsection (c). (B) Targeted new grazing The Secretary may issue annual targeted grazing permits for the grazing of livestock in an area of the restoration area in which the grazing of livestock is not authorized before the date of enactment of this Act to control noxious weeds, aid in the control of wildfire within the wildland-urban interface, or provide other ecological benefits— (i) subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (ii) in a manner consistent with the purposes described in subsection (c). (C) Best Available Science The Secretary shall use the best available science in determining whether to issue targeted grazing permits under subparagraph (B) within the restoration area. (e) Withdrawal Subject to valid existing rights, the restoration area is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (f) Use of stewardship contracts To the maximum extent practicable, the Secretary shall— (1) use stewardship contracts to carry out this section; and (2) use revenue derived from stewardship contracts under paragraph (1) to carry out restoration and other activities within the restoration area, including staff and administrative costs to support timely consultation activities for restoration projects. (g) Collaboration In developing and carrying out restoration projects in the restoration area, the Secretary shall consult with collaborative groups with an interest in the restoration area. (h) Environmental review A collaboratively developed restoration project within the restoration area may be carried out in accordance with the provisions for hazardous fuel reduction projects in sections 104, 105, and 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 , 6515, 6516), as applicable. (i) Multiparty monitoring The Secretary of Agriculture shall— (1) in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of restoration projects within the restoration area; and (2) incorporate the monitoring results into the management of the restoration area. (j) Available authorities The Secretary shall use any available authorities to secure the funding necessary to fulfill the purposes of the restoration area. (k) Forest residues utilization (1) In general In accordance with applicable law (including regulations) and this section, the Secretary may use forest residues from restoration projects, including shaded fuel breaks, in the restoration area for research and development of biobased products that result in net carbon sequestration. (2) Partnerships In carrying out paragraph (1), the Secretary may enter into partnerships with institutions of higher education, nongovernmental organizations, industry, Tribes, and Federal, State, and local governmental agencies. 112. Redwood National and State Parks restoration (a) Partnership agreements The Secretary of the Interior may carry out initiatives to restore degraded redwood forest ecosystems in Redwood National and State Parks in partnership with the State, local agencies, and nongovernmental organizations. (b) Applicable law In carrying out an initiative under subsection (a), the Secretary of the Interior shall comply with applicable law. 113. California Public Land Remediation Partnership (a) Definitions In this section: (1) Partnership The term partnership means the California Public Land Remediation Partnership established by subsection (b). (2) Priority land The term priority land means Federal land in the State that is determined by the partnership to be a high priority for remediation. (3) Remediation (A) In general The term remediation means to facilitate the recovery of land or water that has been degraded, damaged, or destroyed by illegal marijuana cultivation or another illegal activity. (B) Inclusions The term remediation includes— (i) the removal of trash, debris, or other material; and (ii) establishing the composition, structure, pattern, and ecological processes necessary to facilitate terrestrial or aquatic ecosystem sustainability, resilience, or health under current and future conditions. (b) Establishment There is established the California Public Land Remediation Partnership. (c) Purposes The purposes of the partnership are— (1) to coordinate the activities of Federal, State, Tribal, and local authorities and the private sector in the remediation of priority land in the State affected by illegal marijuana cultivation or another illegal activity; and (2) to use the resources and expertise of each agency, authority, or entity referred to in paragraph (1) in implementing remediation activities on priority land in the State. (d) Membership The members of the partnership shall include the following: (1) The Secretary of Agriculture (or a designee) to represent the Forest Service. (2) The Secretary of the Interior (or a designee) to represent— (A) the United States Fish and Wildlife Service; (B) the Bureau of Land Management; and (C) the National Park Service. (3) The Director of the Office of National Drug Control Policy (or a designee). (4) The Secretary of the State Natural Resources Agency (or a designee) to represent the California Department of Fish and Wildlife. (5) A designee of the California State Water Resources Control Board. (6) A designee of the California State Sheriffs’ Association. (7) One member to represent federally recognized Indian Tribes, to be appointed by the Secretary of Agriculture. (8) One member to represent nongovernmental organizations with an interest in Federal land remediation, to be appointed by the Secretary of Agriculture. (9) One member to represent local governmental interests, to be appointed by the Secretary of Agriculture. (10) A law enforcement official from each of the following: (A) The Department of the Interior. (B) The Department of Agriculture. (11) A scientist to provide expertise and advice on methods needed for remediation efforts, to be appointed by the Secretary of Agriculture. (12) A designee of the National Guard Counterdrug Program. (e) Duties To further the purposes of this section, the partnership shall— (1) identify priority land for remediation in the State; (2) secure resources from Federal sources and non-Federal sources for remediation of priority land in the State; (3) support efforts by Federal, State, Tribal, and local agencies and nongovernmental organizations in carrying out remediation of priority land in the State; (4) support research and education on the impacts of, and solutions to, illegal marijuana cultivation and other illegal activities on priority land in the State; (5) involve other Federal, State, Tribal, and local agencies, nongovernmental organizations, and the public in remediation efforts on priority land in the State, to the maximum extent practicable; and (6) carry out any other administrative or advisory activities necessary to address remediation of priority land in the State. (f) Authorities Subject to the prior approval of the Secretary of Agriculture, the partnership may— (1) provide grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (2) enter into cooperative agreements with, or provide technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested persons; (3) hire and compensate staff; (4) obtain funds or services from any source, including— (A) Federal funds (including funds and services provided under any other Federal law or program); and (B) non-Federal funds; (5) contract for goods or services; and (6) support— (A) activities of partners; and (B) any other activities that further the purposes of this section. (g) Procedures The partnership shall establish any rules and procedures that the partnership determines to be necessary or appropriate. (h) Local hiring The partnership shall, to the maximum extent practicable and in accordance with existing law, give preference to local entities and individuals in carrying out this section. (i) Service without compensation A member of the partnership shall serve without pay. (j) Duties and authorities of the secretaries (1) In general The Secretary of Agriculture shall convene the partnership on a regular basis to carry out this section. (2) Technical and financial assistance The Secretary of Agriculture and the Secretary of the Interior may provide technical and financial assistance, on a reimbursable or nonreimbursable basis, as determined to be appropriate by the Secretary of Agriculture or the Secretary of the Interior, as applicable, to the partnership or any members of the partnership to carry out this section. (3) Cooperative agreements The Secretary of Agriculture and the Secretary of the Interior may enter into cooperative agreements with the partnership, any member of the partnership, or other public or private entities to provide technical, financial, or other assistance to carry out this section. 114. Trinity Lake visitor center (a) In general The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary ), may establish, in cooperation with any other public or private entity that the Secretary determines to be appropriate, a visitor center in Weaverville, California— (1) to serve visitors; and (2) to assist in fulfilling the purposes of the Whiskeytown-Shasta-Trinity National Recreation Area. (b) Requirements The Secretary shall ensure that the visitor center authorized under subsection (a) is designed to provide for the interpretation of the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of the Whiskeytown-Shasta-Trinity National Recreation Area and other Federal land in the vicinity of the visitor center. (c) Cooperative agreements In a manner consistent with this section, the Secretary may enter into cooperative agreements with the State and any other appropriate institutions and organizations to carry out the purposes of this section. 115. Del Norte County visitor center (a) In general The Secretary of Agriculture and the Secretary of the Interior, acting jointly or separately (referred to in this section as the Secretaries ), may establish, in cooperation with any other public or private entity that the Secretaries determine to be appropriate, a visitor center in Del Norte County, California— (1) to serve visitors; and (2) to assist in fulfilling the purposes of Redwood National and State Parks, the Smith River National Recreation Area, and any other Federal land in the vicinity of the visitor center. (b) Requirements The Secretaries shall ensure that the visitor center authorized under subsection (a) is designed to interpret the scenic, biological, natural, historical, scientific, paleontological, recreational, ecological, wilderness, and cultural resources of Redwood National and State Parks, the Smith River National Recreation Area, and any other Federal land in the vicinity of the visitor center. 116. Management plans (a) In general In revising the land and resource management plan for each of the Shasta-Trinity, Six Rivers, Klamath, and Mendocino National Forests, the Secretary shall— (1) consider the purposes of the South Fork Trinity-Mad River Restoration Area established by section 111(b); and (2) include or update the fire management plan for a wilderness area or wilderness addition established by this title. (b) Requirement In making the revisions under subsection (a), the Secretary shall— (1) develop spatial fire management plans in accordance with— (A) the Guidance for Implementation of Federal Wildland Fire Management Policy, dated February 13, 2009, including any amendments to the guidance; and (B) other appropriate policies; (2) ensure that a fire management plan— (A) considers how prescribed or managed fire can be used to achieve ecological management objectives of wilderness and other natural or primitive areas; and (B) in the case of a wilderness area to which land is added under section 131, provides consistent direction regarding fire management to the entire wilderness area, including the wilderness addition; (3) consult with— (A) appropriate State, Tribal, and local governmental entities; and (B) members of the public; and (4) comply with applicable law (including regulations). 117. Study; partnerships related to overnight accommodations (a) Study The Secretary of the Interior (referred to in this section as the Secretary ), in consultation with interested Federal, State, Tribal, and local entities and private and nonprofit organizations, shall conduct a study to evaluate the feasibility and suitability of establishing overnight accommodations near Redwood National and State Parks on— (1) Federal land that is— (A) at the northern boundary of Redwood National and State Parks; or (B) on land within 20 miles of the northern boundary of Redwood National and State Parks; and (2) Federal land that is— (A) at the southern boundary of Redwood National and State Parks; or (B) on land within 20 miles of the southern boundary of Redwood National and State Parks. (b) Partnerships (1) Agreements authorized If the Secretary determines, based on the study conducted under subsection (a), that establishing the accommodations described in that subsection is suitable and feasible, the Secretary may, in accordance with applicable law, enter into 1 or more agreements with qualified private and nonprofit organizations for the development, operation, and maintenance of the accommodations. (2) Contents Any agreement entered into under paragraph (1) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization entering into the agreement. (3) Effect Nothing in this subsection— (A) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or (B) amends or modifies the application of any law (including regulations) applicable to land under the jurisdiction of the Secretary. B Recreation 121. Horse Mountain Special Management Area (a) Establishment Subject to valid existing rights, there is established the Horse Mountain Special Management Area (referred to in this section as the special management area ) comprising approximately 7,482 acres of Federal land administered by the Forest Service in Humboldt County, California, as generally depicted on the map entitled Horse Mountain Special Management Area and dated May 15, 2020. (b) Purpose The purpose of the special management area is to enhance the recreational and scenic values of the special management area while conserving the plants, wildlife, and other natural resource values of the area. (c) Management plan (1) In general Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary of Agriculture (referred to in this section as the Secretary ) shall develop a comprehensive plan for the long-term management of the special management area. (2) Consultation In developing the management plan required under paragraph (1), the Secretary shall consult with— (A) appropriate State, Tribal, and local governmental entities; and (B) members of the public. (3) Additional requirement The management plan required under paragraph (1) shall ensure that recreational use within the special management area does not cause significant adverse impacts on the plants and wildlife of the special management area. (d) Management (1) In general The Secretary shall manage the special management area— (A) in furtherance of the purpose described in subsection (b); and (B) in accordance with— (i) the laws (including regulations) generally applicable to the National Forest System; (ii) this section; and (iii) any other applicable law (including regulations). (2) Recreation The Secretary shall continue to authorize, maintain, and enhance the recreational use of the special management area, including hunting, fishing, camping, hiking, hang gliding, sightseeing, nature study, horseback riding, rafting, mountain bicycling, motorized recreation on authorized routes, and other recreational activities, if the recreational use is consistent with— (A) the purpose of the special management area; (B) this section; (C) other applicable law (including regulations); and (D) any applicable management plans. (3) Motorized vehicles (A) In general Except as provided in subparagraph (B), the use of motorized vehicles in the special management area shall be permitted only on roads and trails designated for the use of motorized vehicles. (B) Use of snowmobiles The winter use of snowmobiles shall be allowed in the special management area— (i) during periods of adequate snow coverage during the winter season; and (ii) subject to any terms and conditions determined to be necessary by the Secretary. (4) New trails (A) In general The Secretary may construct new trails for motorized or nonmotorized recreation within the special management area in accordance with— (i) the laws (including regulations) generally applicable to the National Forest System; (ii) this section; and (iii) any other applicable law (including regulations). (B) Priority In establishing new trails within the special management area, the Secretary shall— (i) prioritize the establishment of loops that provide high-quality, diverse recreational experiences; and (ii) consult with members of the public. (e) Withdrawal Subject to valid existing rights, the special management area is withdrawn from— (1) all forms of appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geothermal leasing. 122. Bigfoot National Recreation Trail (a) Feasibility study (1) In general Not later than 3 years after the date of the enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary ), in cooperation with the Secretary of the Interior, 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 study that describes the feasibility of establishing a nonmotorized Bigfoot National Recreation Trail that follows the route described in paragraph (2). (2) Route The route referred to in paragraph (1) shall extend from the Ides Cove Trailhead in the Mendocino National Forest to Crescent City, California, following the route as generally depicted on the map entitled Bigfoot National Recreation Trail—Proposed and dated July 25, 2018. (3) Additional requirement In completing the study required under paragraph (1), the Secretary shall consult with— (A) appropriate Federal, State, Tribal, regional, and local agencies; (B) private landowners; (C) nongovernmental organizations; and (D) members of the public. (b) Designation (1) In general On a determination by the Secretary that the Bigfoot National Recreation Trail is feasible and meets the requirements for a National Recreation Trail under section 4 of the National Trails System Act ( 16 U.S.C. 1243 ), the Secretary shall designate the Bigfoot National Recreation Trail (referred to in this section as the trail ) in accordance with— (A) the National Trails System Act ( 16 U.S.C. 1241 et seq.) (B) this title; and (C) other applicable law (including regulations). (2) Administration On designation by the Secretary, the trail shall be administered by the Secretary, in consultation with— (A) other Federal, State, Tribal, regional, and local agencies; (B) private landowners; and (C) other interested organizations. (3) Private property rights (A) In general No portions of the trail may be located on non-Federal land without the written consent of the landowner. (B) Prohibition The Secretary shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of the land or interest in the land. (C) Effect Nothing in this section— (i) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (ii) modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (c) Cooperative agreements In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local government entities and private entities— (1) to complete necessary trail construction, reconstruction, realignment, or maintenance; or (2) carry out education projects relating to the trail. (d) Map (1) Map required On designation of the trail, the Secretary shall prepare a map of the trail. (2) Public availability The map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. 123. Elk Camp Ridge Recreation Trail (a) Designation (1) In general In accordance with paragraph (2), the Secretary of Agriculture (referred to in this section as the Secretary ), after providing an opportunity for public comment, shall designate a trail (which may include a system of trails)— (A) for use by off-highway vehicles, mountain bicycles, or both; and (B) to be known as the Elk Camp Ridge Recreation Trail (referred to in this section as the trail ). (2) Requirements In designating the trail under paragraph (1), the Secretary shall only include routes that are— (A) as of the date of enactment of this Act, authorized for use by off-highway vehicles, mountain bicycles, or both; and (B) located on land that is managed by the Forest Service in Del Norte County in the State. (3) Map A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of the Forest Service. (b) Management (1) In general The Secretary shall manage the trail— (A) in accordance with applicable law (including regulations); (B) in a manner that ensures the safety of citizens who use the trail; and (C) in a manner that minimizes any damage to sensitive habitat or cultural resources. (2) Monitoring; evaluation To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary shall annually assess the effects of the use of off-highway vehicles and mountain bicycles on— (A) the trail; (B) land located in proximity to the trail; and (C) plants, wildlife, and wildlife habitat. (3) Closure The Secretary, in consultation with the State and Del Norte County in the State and subject to paragraph (4), may temporarily close or permanently reroute a portion of the trail if the Secretary determines that— (A) the trail is having an adverse impact on— (i) wildlife habitat; (ii) natural resources; (iii) cultural resources; or (iv) traditional uses; (B) the trail threatens public safety; or (C) closure of the trail is necessary— (i) to repair damage to the trail; or (ii) to repair resource damage. (4) Rerouting Any portion of the trail that is temporarily closed by the Secretary under paragraph (3) may be permanently rerouted along any road or trail— (A) that is— (i) in existence as of the date of the closure of the portion of the trail; (ii) located on public land; and (iii) open to motorized or mechanized use; and (B) if the Secretary determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail. (5) Notice of available routes The Secretary shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through— (A) the placement of appropriate signage along the trail; and (B) the distribution of maps, safety education materials, and other information that the Secretary determines to be appropriate. (c) Effect Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land). 124. Trinity Lake Trail (a) Trail construction (1) Feasibility study Not later than 18 months after the date of enactment of this Act, the Secretary shall study the feasibility and public interest of constructing a recreational trail for nonmotorized uses around Trinity Lake (referred to in this section as the trail ). (2) Construction (A) Construction authorized Subject to appropriations, and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of the trail is feasible and in the public interest, the Secretary may provide for the construction of the trail. (B) Use of volunteer services and contributions The trail may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the trail. (3) Compliance In carrying out this section, the Secretary shall comply with— (A) the laws (including regulations) generally applicable to the National Forest System; and (B) this title. (b) Effect Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land). 125. Trails study (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of Agriculture, in accordance with subsection (b) and in consultation with interested parties, shall conduct a study to improve motorized and nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the portions of the Six Rivers, Shasta-Trinity, and Mendocino National Forests located in Del Norte, Humboldt, Trinity, and Mendocino Counties in the State. (b) Consultation In carrying out the study under subsection (a), the Secretary of Agriculture shall consult with the Secretary of the Interior regarding opportunities to improve, through increased coordination, recreation trail opportunities on land under the jurisdiction of the Secretary of the Interior that shares a boundary with the National Forest System land described in subsection (a). 126. Construction of mountain bicycling routes (a) Trail construction (1) Feasibility study Not later than 18 months after the date of enactment of this Act, the Secretary of Agriculture (referred to in this section as the Secretary ) shall study the feasibility and public interest of constructing recreational trails for mountain bicycling and other nonmotorized uses on the routes as generally depicted in the report entitled Trail Study for Smith River National Recreation Area Six Rivers National Forest and dated 2016. (2) Construction (A) Construction authorized Subject to appropriations and in accordance with paragraph (3), if the Secretary determines under paragraph (1) that the construction of 1 or more routes described in that paragraph is feasible and in the public interest, the Secretary may provide for the construction of the routes. (B) Modifications The Secretary may modify the routes, as determined to be necessary by the Secretary. (C) Use of volunteer services and contributions Routes may be constructed under this section through the acceptance of volunteer services and contributions from non-Federal sources to reduce or eliminate the need for Federal expenditures to construct the route. (3) Compliance In carrying out this section, the Secretary shall comply with— (A) the laws (including regulations) generally applicable to the National Forest System; and (B) this title. (b) Effect Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land). 127. Partnerships (a) Agreements authorized The Secretary may enter into agreements with qualified private and nonprofit organizations to carry out the following activities on Federal land in Mendocino, Humboldt, Trinity, and Del Norte Counties in the State: (1) Trail and campground maintenance. (2) Public education, visitor contacts, and outreach. (3) Visitor center staffing. (b) Contents An agreement entered into under subsection (a) shall clearly define the role and responsibility of the Secretary and the private or nonprofit organization. (c) Compliance The Secretary shall enter into agreements under subsection (a) in accordance with existing law. (d) Effect Nothing in this section— (1) reduces or diminishes the authority of the Secretary to manage land and resources under the jurisdiction of the Secretary; or (2) amends or modifies the application of any existing law (including regulations) applicable to land under the jurisdiction of the Secretary. C Conservation 131. Designation of wilderness (a) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Black butte river wilderness Certain Federal land managed by the Forest Service in the State, comprising approximately 11,155 acres, as generally depicted on the map entitled Black Butte Wilderness—Proposed and dated May 15, 2020, which shall be known as the Black Butte River Wilderness . (2) Chanchelulla wilderness additions Certain Federal land managed by the Forest Service in the State, comprising approximately 6,382 acres, as generally depicted on the map entitled Chanchelulla Wilderness Additions—Proposed and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Chanchelulla Wilderness designated by section 101(a)(4) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1619). (3) Chinquapin wilderness Certain Federal land managed by the Forest Service in the State, comprising approximately 27,164 acres, as generally depicted on the map entitled Chinquapin Wilderness—Proposed and dated May 15, 2020, which shall be known as the Chinquapin Wilderness . (4) Elkhorn ridge wilderness addition Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 37 acres, as generally depicted on the map entitled Proposed Elkhorn Ridge Wilderness Additions and dated October 24, 2019, which is incorporated in, and considered to be a part of, the Elkhorn Ridge Wilderness designated by section 6(d) of the Northern California Coastal Wild Heritage Wilderness Act ( 16 U.S.C. 1132 note; Public Law 109–362 ; 120 Stat. 2070). (5) English ridge wilderness Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 6,204 acres, as generally depicted on the map entitled English Ridge Wilderness—Proposed and dated March 29, 2019, which shall be known as the English Ridge Wilderness . (6) Headwaters forest wilderness Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 4,360 acres, as generally depicted on the map entitled Headwaters Forest Wilderness—Proposed and dated October 15, 2019, which shall be known as the Headwaters Forest Wilderness . (7) Mad river buttes wilderness Certain Federal land managed by the Forest Service in the State, comprising approximately 6,097 acres, as generally depicted on the map entitled Mad River Buttes Wilderness—Proposed and dated May 15, 2020, which shall be known as the Mad River Buttes Wilderness . (8) Mount lassic wilderness addition Certain Federal land managed by the Forest Service in the State, comprising approximately 1,288 acres, as generally depicted on the map entitled Mt. Lassic Wilderness Additions—Proposed and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Mount Lassic Wilderness designated by section 3(6) of the Northern California Coastal Wild Heritage Wilderness Act ( 16 U.S.C. 1132 note; Public Law 109–362 ; 120 Stat. 2065). (9) North fork wilderness addition Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 16,342 acres, as generally depicted on the map entitled North Fork Eel Wilderness Additions and dated May 15, 2020, which is incorporated in, and considered to be a part of, the North Fork Wilderness designated by section 101(a)(19) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1621). (10) Pattison wilderness Certain Federal land managed by the Forest Service in the State, comprising approximately 29,451 acres, as generally depicted on the map entitled Pattison Wilderness—Proposed and dated May 15, 2020, which shall be known as the Pattison Wilderness . (11) Sanhedrin wilderness addition Certain Federal land managed by the Forest Service in the State, comprising approximately 112 acres, as generally depicted on the map entitled Sanhedrin Wilderness Addition—Proposed and dated March 29, 2019, which is incorporated in, and considered to be a part of, the Sanhedrin Wilderness designated by section 3(2) of the Northern California Coastal Wild Heritage Wilderness Act ( 16 U.S.C. 1132 note; Public Law 109–362 ; 120 Stat. 2065). (12) Siskiyou wilderness addition Certain Federal land managed by the Forest Service in the State, comprising approximately 23,913 acres, as generally depicted on the maps entitled Siskiyou Wilderness Additions—Proposed (North) and Siskiyou Wilderness Additions—Proposed (South) and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Siskiyou Wilderness, as designated by section 101(a)(30) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1623). (13) South fork eel river wilderness addition Certain Federal land managed by the Bureau of Land Management in the State, comprising approximately 603 acres, as generally depicted on the map entitled South Fork Eel River Wilderness Additions—Proposed and dated October 24, 2019, which is incorporated in, and considered to be a part of, the South Fork Eel River Wilderness designated by section 3(10) of the Northern California Coastal Wild Heritage Wilderness Act ( 16 U.S.C. 1132 note; Public Law 109–362 ; 120 Stat. 2066). (14) South fork trinity river wilderness Certain Federal land managed by the Forest Service in the State, comprising approximately 26,115 acres, as generally depicted on the map entitled South Fork Trinity River Wilderness Additions—Proposed and dated May 15, 2020, which shall be known as the South Fork Trinity River Wilderness . (15) Trinity alps wilderness addition Certain Federal land managed by the Forest Service in the State, comprising approximately 61,187 acres, as generally depicted on the maps entitled Trinity Alps Proposed Wilderness Additions EAST and Trinity Alps Wilderness Additions West—Proposed and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Trinity Alps Wilderness designated by section 101(a)(34) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1623). (16) Underwood wilderness Certain Federal land managed by the Forest Service in the State, comprising approximately 15,068 acres, as generally depicted on the map entitled Underwood Wilderness—Proposed and dated May 15, 2020, which shall be known as the Underwood Wilderness . (17) Yolla bolly-middle eel wilderness additions Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 11,243 acres, as generally depicted on the maps entitled Yolla Bolly Wilderness Proposed—NORTH , Yolla Bolly Wilderness Proposed—SOUTH , and Yolla Bolly Wilderness Proposed—WEST and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness designated by section 3 of the Wilderness Act ( 16 U.S.C. 1132 ). (18) Yuki wilderness addition Certain Federal land managed by the Forest Service and the Bureau of Land Management in the State, comprising approximately 11,076 acres, as generally depicted on the map entitled Yuki Wilderness Additions—Proposed and dated May 15, 2020, which is incorporated in, and considered to be a part of, the Yuki Wilderness designated by section 3(3) of the Northern California Coastal Wild Heritage Wilderness Act ( 16 U.S.C. 1132 note; Public Law 109–362 ; 120 Stat. 2065). (b) Redesignation of north fork wilderness as north fork eel river wilderness (1) In general Section 101(a)(19) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1621) is amended by striking which shall be known as the North Fork Wilderness and inserting which shall be known as the North Fork Eel River Wilderness . (2) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the North Fork Wilderness shall be considered to be a reference to the North Fork Eel River Wilderness . (c) Elkhorn ridge wilderness modification The boundary of the Elkhorn Ridge Wilderness established by section 6(d) of the Northern California Coastal Wild Heritage Wilderness Act ( 16 U.S.C. 1132 note; Public Law 109–362 ; 120 Stat. 2070) is modified by removing approximately 30 acres of Federal land, as generally depicted on the map entitled Proposed Elkhorn Ridge Wilderness Additions and dated October 24, 2019. 132. Administration of wilderness (a) In general Subject to valid existing rights, a wilderness area or wilderness addition established by section 131(a) (referred to in this section as a wilderness area or addition ) shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Fire management and related activities (1) In general The Secretary may carry out any activities in a wilderness area or addition as are necessary for the control of fire, insects, or disease in accordance with— (A) section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and (B) the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 1437 of the 98th Congress (House Report 98–40). (2) Funding priorities Nothing in this subtitle limits funding for fire or fuels management in a wilderness area or addition. (3) Administration In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary of Agriculture shall— (A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and (B) enter into agreements with appropriate State or local firefighting agencies. (c) Grazing The grazing of livestock in a wilderness area or addition, if established before the date of enactment of this Act, shall be administered in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) (A) for land under the jurisdiction of the Secretary of Agriculture, the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617); and (B) for land under the jurisdiction of the Secretary of the Interior, the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (d) Fish and wildlife (1) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this subtitle affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State. (2) Management activities In support of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that the Secretary determines to be necessary to maintain or restore a fish, wildlife, or plant population or habitat in a wilderness area or addition, if the management activity is conducted in accordance with— (A) an applicable wilderness management plan; (B) the Wilderness Act ( 16 U.S.C. 1131 et seq.); and (C) appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (e) Buffer zones (1) In general Nothing in this subtitle establishes a protective perimeter or buffer zone around a wilderness area or addition. (2) Outside Activities or uses The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area or addition shall not preclude the activity or use outside the boundary of the wilderness area or addition. (f) Military activities Nothing in this subtitle precludes— (1) low-level overflights of military aircraft over a wilderness area or addition; (2) the designation of a new unit of special airspace over a wilderness area or addition; or (3) the use or establishment of a military flight training route over a wilderness area or addition. (g) Horses Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area or addition— (1) in accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ); and (2) subject to any terms and conditions determined to be necessary by the Secretary. (h) Withdrawal Subject to valid existing rights, the wilderness areas and additions are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral materials and geothermal leasing laws. (i) Use by members of indian tribes (1) Access In recognition of the past use of wilderness areas and additions by members of Indian Tribes for traditional cultural and religious purposes, the Secretary shall ensure that Indian Tribes have access to the wilderness areas and additions for traditional cultural and religious purposes. (2) Temporary closures (A) In general In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public 1 or more specific portions of a wilderness area or addition to protect the privacy of the members of the Indian Tribe in the conduct of the traditional cultural and religious activities in the wilderness area or addition. (B) Requirement Any closure under subparagraph (A) shall be made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out. (3) Applicable law Access to the wilderness areas and wilderness additions under this subsection shall be in accordance with— (A) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 et seq.); and (B) the Wilderness Act ( 16 U.S.C. 1131 et seq.). (j) Incorporation of acquired land and interests Any land within the boundary of a wilderness area or addition that is acquired by the United States shall— (1) become part of the wilderness area or addition in which the land is located; (2) be withdrawn in accordance with subsection (h); and (3) be managed in accordance with— (A) this section; (B) the Wilderness Act ( 16 U.S.C. 1131 et seq.); and (C) any other applicable law. (k) Climatological data collection In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area or addition if the Secretary determines that the devices and access to the devices are essential to a flood warning, flood control, or water reservoir operation activity. (l) Authorized events The Secretary may continue to authorize the competitive equestrian event permitted since 2012 in the Chinquapin Wilderness established by section 131(a)(3) in a manner compatible with the preservation of the area as wilderness. (m) Recreational climbing Nothing in this title prohibits recreational rock climbing activities in the wilderness areas or additions, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act— (1) in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.); and (2) subject to any terms and conditions determined to be necessary by the Secretary. 133. Designation of potential wilderness (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq.), the following areas in the State are designated as potential wilderness areas: (1) Certain Federal land managed by the Forest Service, comprising approximately 4,005 acres, as generally depicted on the map entitled Chinquapin Proposed Potential Wilderness and dated May 15, 2020. (2) Certain Federal land administered by the National Park Service, compromising approximately 31,000 acres, as generally depicted on the map entitled Redwood National Park—Potential Wilderness and dated October 9, 2019. (3) Certain Federal land managed by the Forest Service, comprising approximately 5,681 acres, as generally depicted on the map entitled Siskiyou Proposed Potential Wildernesses and dated May 15, 2020. (4) Certain Federal land managed by the Forest Service, comprising approximately 446 acres, as generally depicted on the map entitled South Fork Trinity River Proposed Potential Wilderness and dated May 15, 2020. (5) Certain Federal land managed by the Forest Service, comprising approximately 1,256 acres, as generally depicted on the map entitled Trinity Alps Proposed Potential Wilderness and dated May 15, 2020. (6) Certain Federal land managed by the Forest Service, comprising approximately 4,386 acres, as generally depicted on the map entitled Yolla Bolly Middle-Eel Proposed Potential Wilderness and dated May 15, 2020. (7) Certain Federal land managed by the Forest Service, comprising approximately 2,918 acres, as generally depicted on the map entitled Yuki Proposed Potential Wilderness and dated May 15, 2020. (b) Management Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage each potential wilderness area designated by subsection (a) (referred to in this section as a potential wilderness area ) as wilderness until the date on which the potential wilderness area is designated as wilderness under subsection (d). (c) Ecological restoration (1) In general For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, repair of skid tracks, and any other activities necessary to restore the natural ecosystems in a potential wilderness area and consistent with paragraph (2)), the Secretary may use motorized equipment and mechanized transport in a potential wilderness area until the date on which the potential wilderness area is designated as wilderness under subsection (d). (2) Limitation To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources. (d) Wilderness designation A potential wilderness area shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of— (1) the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act ( 16 U.S.C. 1131 et seq.) have been removed; and (2) the date that is 10 years after the date of enactment of this Act, in the case of a potential wilderness area located on land managed by the Forest Service. (e) Administration as wilderness (1) In general On the designation of a potential wilderness area as wilderness under subsection (d), the wilderness shall be administered in accordance with— (A) section 132; and (B) the Wilderness Act ( 16 U.S.C. 1131 et seq.). (2) Designation On the designation as wilderness under subsection (d)— (A) the land described in subsection (a)(1) shall be incorporated in, and considered to be a part of, the Chinquapin Wilderness established by section 131(a)(3); (B) the land described in subsection (a)(3) shall be incorporated in, and considered to be a part of, the Siskiyou Wilderness designated by section 101(a)(30) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1623); (C) the land described in subsection (a)(4) shall be incorporated in, and considered to be a part of, the South Fork Trinity River Wilderness established by section 131(a)(14); (D) the land described in subsection (a)(5) shall be incorporated in, and considered to be a part of, the Trinity Alps Wilderness designated by section 101(a)(34) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1623); (E) the land described in subsection (a)(6) shall be incorporated in, and considered to be a part of, the Yolla Bolly-Middle Eel Wilderness designated by section 3 of the Wilderness Act ( 16 U.S.C. 1132 ); and (F) the land described in subsection (a)(7) shall be incorporated in, and considered to be a part of, the Yuki Wilderness designated by section 3(3) of the Northern California Coastal Wild Heritage Wilderness Act ( 16 U.S.C. 1132 note; Public Law 109–362 ; 120 Stat. 2065) and expanded by section 131(a)(18). (f) Report Not later than 3 years after the date of enactment of this Act, and every 3 years thereafter until the date on which the potential wilderness areas are designated as wilderness under subsection (d), 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 a report that describes— (1) the status of ecological restoration within the potential wilderness areas; and (2) the progress toward the eventual designation of the potential wilderness areas as wilderness under subsection (d). 134. Designation of wild and scenic rivers 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 trinity river The following segments from the source tributaries in the Yolla Bolly-Middle Eel Wilderness, to be administered by the Secretary of Agriculture: (A) The 18.3-mile segment from its multiple source springs in the Cedar Basin of the Yolla Bolly-Middle Eel Wilderness in sec. 15, T. 27 N., R. 10 W., to 0.25 miles upstream of the Wild Mad Road, as a wild river. (B) The 0.65-mile segment from 0.25 miles upstream of Wild Mad Road to the confluence with the unnamed tributary approximately 0.4 miles downstream of the Wild Mad Road in sec. 29, T. 28 N., R. 11 W., as a scenic river. (C) The 9.8-mile segment from 0.75 miles downstream of Wild Mad Road to Silver Creek, as a wild river. (D) The 5.4-mile segment from Silver Creek confluence to Farley Creek, as a scenic river. (E) The 3.6-mile segment from Farley Creek to Cave Creek, as a recreational river. (F) The 5.6-mile segment from Cave Creek to the confluence of the unnamed creek upstream of Hidden Valley Ranch in sec. 5, T. 15, R. 7 E., as a wild river. (G) The 2.5-mile segment from the unnamed creek confluence upstream of Hidden Valley Ranch to the confluence with the unnamed creek flowing west from Bear Wallow Mountain in sec. 29, T. 1 N., R. 7 E., as a scenic river. (H) The 3.8-mile segment from the unnamed creek confluence in sec. 29, T. 1 N., R. 7 E., to Plummer Creek, as a wild river. (I) The 1.8-mile segment from Plummer Creek to the confluence with the unnamed tributary north of McClellan Place in sec. 6, T. 1 N., R. 7 E., as a scenic river. (J) The 5.4-mile segment from the unnamed tributary confluence in sec. 6, T. 1 N., R. 7 E., to Hitchcock Creek, as a wild river. (K) The 7-mile segment from Eltapom Creek to the Grouse Creek, as a scenic river. (L) The 5-mile segment from Grouse Creek to Coon Creek, as a wild river. (232) East fork south fork trinity river The following segments, to be administered by the Secretary of Agriculture: (A) The 8.4-mile segment from its source in the Pettijohn Basin in the Yolla Bolly-Middle Eel Wilderness in sec. 10, T. 3 S., R. 10 W., to 0.25 miles upstream of the Wild Mad Road, as a wild river. (B) The 3.4-mile segment from 0.25 miles upstream of the Wild Mad Road to the South Fork Trinity River, as a recreational river. (233) Rattlesnake creek The 5.9-mile segment from the confluence with the unnamed tributary in the southeast corner of sec. 5, T. 1 S., R. 12 W., to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a recreational river. (234) Butter creek The 7-mile segment from 0.25 miles downstream of the Road 3N08 crossing to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a scenic river. (235) Hayfork creek The following segments, to be administered by the Secretary of Agriculture: (A) The 3.2-mile segment from Little Creek to Bear Creek, as a recreational river. (B) The 13.2-mile segment from Bear Creek to the northern boundary of sec. 19, T. 3 N., R. 7 E., as a scenic river. (236) Olsen creek The 2.8-mile segment from the confluence of its source tributaries in sec. 5, T. 3 N., R. 7 E., to the northern boundary of sec. 24, T. 3 N., R. 6 E., to be administered by the Secretary of the Interior as a scenic river. (237) Rusch creek The 3.2-mile segment from 0.25 miles downstream of the 32N11 Road crossing to Hayfork Creek, to be administered by the Secretary of Agriculture as a recreational river. (238) Eltapom creek The 3.4-mile segment from Buckhorn Creek to the South Fork Trinity River, to be administered by the Secretary of Agriculture as a wild river. (239) Grouse creek The following segments, to be administered by the Secretary of Agriculture: (A) The 3.9-mile segment from Carson Creek to Cow Creek, as a scenic river. (B) The 7.4-mile segment from Cow Creek to the South Fork Trinity River, as a recreational river. (240) Madden creek The following segments, to be administered by the Secretary of Agriculture: (A) The 6.8-mile segment from the confluence of Madden Creek and its unnamed tributary in sec. 18, T. 5 N., R. 5 E., to Fourmile Creek, as a wild river. (B) The 1.6-mile segment from Fourmile Creek to the South Fork Trinity River, as a recreational river. (241) Canyon creek The following segments, to be administered by the Secretary of Agriculture and the Secretary of the Interior: (A) The 6.6-mile segment from the outlet of lower Canyon Creek Lake to Bear Creek upstream of Ripstein, as a wild river. (B) The 11.2-mile segment from Bear Creek upstream of Ripstein to the southern boundary of sec. 25, T. 34 N., R. 11 W., as a recreational river. (242) North fork trinity river The following segments, to be administered by the Secretary of Agriculture: (A) The 12-mile segment from the confluence of source tributaries in sec. 24, T. 8 N., R. 12 W., to the Trinity Alps Wilderness boundary upstream of Hobo Gulch, as a wild river. (B) The 0.5-mile segment from where the river leaves the Trinity Alps Wilderness to where it fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic river. (C) The 13.9-mile segment from where the river fully reenters the Trinity Alps Wilderness downstream of Hobo Gulch to the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing, as a wild river. (D) The 1.3-mile segment from the Trinity Alps Wilderness boundary upstream of the County Road 421 crossing to the Trinity River, as a recreational river. (243) East fork north fork trinity river The following segments, to be administered by the Secretary of Agriculture: (A) The 9.5-mile segment from the source north of Mt. Hilton in sec. 19, T. 36 N., R. 10 W., to the end of Road 35N20 approximately 0.5 miles downstream of the confluence with the East Branch East Fork North Fork Trinity River, as a wild river. (B) The 3.25-mile segment from the end of Road 35N20 to 0.25 miles upstream of Coleridge, as a scenic river. (C) The 4.6-mile segment from 0.25 miles upstream of Coleridge to the confluence of Fox Gulch, as a recreational river. (244) New river The following segments, to be administered by the Secretary of Agriculture: (A) The 12.7-mile segment of Virgin Creek from its source spring in sec. 22, T. 9 N., R. 7 E., to Slide Creek, as a wild river. (B) The 2.3-mile segment of the New River where it begins at the confluence of Virgin and Slide Creeks to Barron Creek, as a wild river. (245) Middle eel river The following segments, to be administered by the Secretary of Agriculture: (A) The 37.7-mile segment from its source in Frying Pan Meadow to Rose Creek, as a wild river. (B) The 1.5-mile segment from Rose Creek to the Black Butte River, as a recreational river. (C) The 10.5-mile segment of Balm of Gilead Creek from its source in Hopkins Hollow to the Middle Eel River, as a wild river. (D) The 13-mile segment of the North Fork Middle Fork Eel River from the source on Dead Puppy Ridge in sec. 11, T. 26 N., R. 11 W., to the confluence of the Middle Eel River, as a wild river. (246) North Fork Eel River, California The 14.3-mile segment from the confluence with Gilman Creek to the Six Rivers National Forest boundary, to be administered by the Secretary of Agriculture as a wild river. (247) Red Mountain Creek, California The following segments, to be administered by the Secretary of Agriculture: (A) The 5.25-mile segment from its source west of Mike’s Rock in sec. 23, T. 26 N., R. 12 E., to the confluence with Littlefield Creek, as a wild river. (B) The 1.6-mile segment from the confluence with Littlefield Creek to the confluence with the unnamed tributary in sec. 32, T. 26 N., R. 8 E., as a scenic river. (C) The 1.25-mile segment from the confluence with the unnamed tributary in sec. 32, T. 4 S., R. 8 E., to the confluence with the North Fork Eel River, as a wild river. (248) Redwood creek The following segments, to be administered by the Secretary of the Interior: (A) The 6.2-mile segment from the confluence with Lacks Creek to the confluence with Coyote Creek, as a scenic river, on publication by the Secretary of the Interior of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title to establish a manageable addition to the National Wild and Scenic Rivers System. (B) The 19.1-mile segment from the confluence with Coyote Creek in sec. 2, T. 8 N., R. 2 E., to the Redwood National Park boundary upstream of Orick in sec. 34, T. 11 N., R. 1 E., as a scenic river. (C) The 2.3-mile segment of Emerald Creek (also known as Harry Weir Creek) from its source in sec. 29, T. 10 N., R. 2 E., to the confluence with Redwood Creek, as a scenic river. (249) Lacks creek The following segments, to be administered by the Secretary of the Interior: (A) The 5.1-mile segment from the confluence with 2 unnamed tributaries in sec. 14, T. 7 N., R. 3 E., to Kings Crossing in sec. 27, T. 8 N., R. 3 E., as a wild river. (B) The 2.7-mile segment from Kings Crossing to the confluence with Redwood Creek, as a scenic river, on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the segment have been acquired in fee title or as scenic easements to establish a manageable addition to the National Wild and Scenic Rivers System. (250) Lost man creek The following segments, to be administered by the Secretary of the Interior: (A) The 6.4-mile segment of Lost Man Creek from its source in sec. 5, T. 10 N., R. 2 E., to 0.25 miles upstream of the Prairie Creek confluence, as a recreational river. (B) The 2.3-mile segment of Larry Damm Creek from its source in sec. 8, T. 11 N., R. 2 E., to the confluence with Lost Man Creek, as a recreational river. (251) Little lost man creek The 3.6-mile segment of Little Lost Man Creek from its source in sec. 6, T. 10 N., R. 2 E., to 0.25 miles upstream of the Lost Man Creek road crossing, to be administered by the Secretary of the Interior as a wild river. (252) South fork elk river The following segments, to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California: (A) The 3.6-mile segment of the Little South Fork Elk River from the source in sec. 21, T. 3 N., R. 1 E., to the confluence with the South Fork Elk River, as a wild river. (B) The 2.2-mile segment of the unnamed tributary of the Little South Fork Elk River from its source in sec. 15, T. 3 N., R. 1 E., to the confluence with the Little South Fork Elk River, as a wild river. (C) The 3.6-mile segment of the South Fork Elk River from the confluence of the Little South Fork Elk River to the confluence with Tom Gulch, as a recreational river. (253) Salmon creek The 4.6-mile segment from its source in sec. 27, T. 3 N., R. 1 E., to the Headwaters Forest Reserve boundary in sec. 18, T. 3 N., R. 1 E., to be administered by the Secretary of the Interior as a wild river through a cooperative management agreement with the State of California. (254) South fork eel river The following segments, to be administered by the Secretary of the Interior: (A) The 6.2-mile segment from the confluence with Jack of Hearts Creek to the southern boundary of the South Fork Eel Wilderness in sec. 8, T. 22 N., R. 16 W., as a recreational river to be administered by the Secretary through a cooperative management agreement with the State of California. (B) The 6.1-mile segment from the southern boundary of the South Fork Eel Wilderness to the northern boundary of the South Fork Eel Wilderness in sec. 29, T. 23 N., R. 16 W., as a wild river. (255) Elder creek The following segments, to be administered by the Secretary of the Interior through a cooperative management agreement with the State of California: (A) The 3.6-mile segment from its source north of Signal Peak in sec. 6, T. 21 N., R. 15 W., to the confluence with the unnamed tributary near the center of sec. 28, T. 22 N., R. 16 W., as a wild river. (B) The 1.3-mile segment from the confluence with the unnamed tributary near the center of sec. 28, T. 22 N., R. 15 W., to the confluence with the South Fork Eel River, as a recreational river. (C) The 2.1-mile segment of Paralyze Canyon from its source south of Signal Peak in sec. 7, T. 21 N., R. 15 W., to the confluence with Elder Creek, as a wild river. (256) Cedar creek The following segments, to be administered as a wild river by the Secretary of the Interior: (A) The 7.7-mile segment from its source in sec. 22, T. 24 N., R. 16 W., to the southern boundary of the Red Mountain unit of the South Fork Eel Wilderness. (B) The 1.9-mile segment of North Fork Cedar Creek from its source in sec. 28, T. 24 N., R. 16 E., to the confluence with Cedar Creek. (257) East branch south fork eel river The following segments, to be administered by the Secretary of the Interior as a scenic river on publication by the Secretary of a notice in the Federal Register that sufficient inholdings within the boundaries of the segments have been acquired in fee title or as scenic easements to establish a manageable addition to the National Wild and Scenic Rivers System: (A) The 2.3-mile segment of Cruso Cabin Creek from the confluence of 2 unnamed tributaries in sec. 18, T. 24 N., R. 15 W., to the confluence with Elkhorn Creek. (B) The 1.8-mile segment of Elkhorn Creek from the confluence of 2 unnamed tributaries in sec. 22, T. 24 N., R. 16 W., to the confluence with Cruso Cabin Creek. (C) The 14.2-mile segment of the East Branch South Fork Eel River from the confluence of Cruso Cabin and Elkhorn Creeks to the confluence with Rays Creek. (D) The 1.7-mile segment of the unnamed tributary from its source on the north flank of Red Mountain’s north ridge in sec. 2, T. 24 N., R. 17 W., to the confluence with the East Branch South Fork Eel River. (E) The 1.3-mile segment of the unnamed tributary from its source on the north flank of Red Mountain’s north ridge in sec. 1, T. 24 N., R. 17 W., to the confluence with the East Branch South Fork Eel River. (F) The 1.8-mile segment of Tom Long Creek from the confluence with the unnamed tributary in sec. 12, T. 5 S., R. 4 E., to the confluence with the East Branch South Fork Eel River. (258) Mattole river estuary The 1.5-mile segment from the confluence of Stansberry Creek to the Pacific Ocean, to be administered as a recreational river by the Secretary of the Interior. (259) Honeydew creek The following segments, to be administered as a wild river by the Secretary of the Interior: (A) The 5.1-mile segment of Honeydew Creek from its source in the southwest corner of sec. 25, T. 3 S., R. 1 W., to the eastern boundary of the King Range National Conservation Area in sec. 18, T. 3 S., R. 1 E. (B) The 2.8-mile segment of West Fork Honeydew Creek from its source west of North Slide Peak to the confluence with Honeydew Creek. (C) The 2.7-mile segment of Upper East Fork Honeydew Creek from its source in sec. 23, T. 3 S., R. 1 W., to the confluence with Honeydew Creek. (260) Bear creek The following segments, to be administered by the Secretary of the Interior: (A) The 1.9-mile segment of North Fork Bear Creek from the confluence with the unnamed tributary immediately downstream of the Horse Mountain Road crossing to the confluence with the South Fork, as a scenic river. (B) The 6.1-mile segment of South Fork Bear Creek from the confluence in sec. 2, T. 5 S., R. 1 W., with the unnamed tributary flowing from the southwest flank of Queen Peak to the confluence with the North Fork, as a scenic river. (C) The 3-mile segment of Bear Creek from the confluence of the North and South Forks to the southern boundary of sec. 11, T. 4 S., R. 1 E., as a wild river. (261) Gitchell creek The 3-mile segment of Gitchell Creek from its source near Saddle Mountain to the Pacific Ocean, to be administered by the Secretary of the Interior as a wild river. (262) Big flat creek The following segments, to be administered by the Secretary of the Interior as a wild river: (A) The 4-mile segment of Big Flat Creek from its source near King Peak in sec. 36, T. 3 S., R. 1 W., to the Pacific Ocean. (B) The 0.8-mile segment of the unnamed tributary from its source in sec. 35, T. 3 S., R. 1 W., to the confluence with Big Flat Creek. (C) The 2.7-mile segment of North Fork Big Flat Creek from the source in sec. 34, T. 3 S., R. 1 W., to the confluence with Big Flat Creek. (263) Big creek The following segments, to be administered by the Secretary of the Interior as a wild river: (A) The 2.7-mile segment of Big Creek from its source in sec. 26, T. 3 S., R. 1 W., to the Pacific Ocean. (B) The 1.9-mile unnamed southern tributary from its source in sec. 25, T. 3 S., R. 1 W., to the confluence with Big Creek. (264) Elk creek The 11.4-mile segment from its confluence with Lookout Creek to its confluence with Deep Hole Creek, to be jointly administered by the Secretaries of Agriculture and the Interior as a wild river. (265) Eden creek The 2.7-mile segment from the private property boundary in the northwest quarter of sec. 27, T. 21 N., R. 12 W., to the eastern boundary of sec. 23, T. 21 N., R. 12 W., to be administered by the Secretary of the Interior as a wild river. (266) Deep hole creek The 4.3-mile segment from the private property boundary in the southwest quarter of sec. 13, T. 20 N., R. 12 W., to the confluence with Elk Creek, to be administered by the Secretary of the Interior as a wild river. (267) Indian creek The 3.3-mile segment from 300 feet downstream of the jeep trail in sec. 13, T. 20 N., R. 13 W., to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river. (268) Fish creek The 4.2-mile segment from the source at Buckhorn Spring to the confluence with the Eel River, to be administered by the Secretary of the Interior as a wild river. . 135. Sanhedrin Special Conservation Management Area (a) Establishment Subject to valid existing rights, there is established the Sanhedrin Special Conservation Management Area (referred to in this section as the conservation management area ), comprising approximately 12,254 acres of Federal land administered by the Forest Service in Mendocino County, California, as generally depicted on the map entitled Sanhedrin Conservation Management Area and dated May 15, 2020. (b) Purposes The purposes of the conservation management area are— (1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, roadless, cultural, historical, natural, educational, and scientific resources of the conservation management area; (2) to protect and restore late-successional forest structure, oak woodlands and grasslands, aquatic habitat, and anadromous fisheries within the conservation management area; (3) to protect and restore the wilderness character of the conservation management area; and (4) to allow visitors to enjoy the scenic, natural, cultural, and wildlife values of the conservation management area. (c) Management (1) In general The Secretary shall manage the conservation management area— (A) in a manner consistent with the purposes described in subsection (b); and (B) in accordance with— (i) the laws (including regulations) generally applicable to the National Forest System; (ii) this section; and (iii) any other applicable law (including regulations). (2) Uses The Secretary shall only allow uses of the conservation management area that the Secretary determines would further the purposes described in subsection (b). (d) Motorized vehicles (1) In general Except as provided in paragraph (3), the use of motorized vehicles in the conservation management area shall be permitted only on existing roads, trails, and areas designated for use by such vehicles as of the date of enactment of this Act. (2) New or temporary roads Except as provided in paragraph (3), no new or temporary roads shall be constructed within the conservation management area. (3) Exceptions Nothing in paragraph (1) or (2) prevents the Secretary from— (A) rerouting or closing an existing road or trail to protect natural resources from degradation, or to protect public safety, as determined to be appropriate by the Secretary; (B) designating routes of travel on land acquired by the Secretary and incorporated into the conservation management area if the designations are— (i) consistent with the purposes described in subsection (b); and (ii) completed, to the maximum extent practicable, not later than 3 years after the date of acquisition; (C) constructing a temporary road on which motorized vehicles are permitted as part of a vegetation management project carried out in accordance with paragraph (4); (D) authorizing the use of motorized vehicles for administrative purposes; or (E) responding to an emergency. (4) Decommissioning of temporary roads (A) Definition of decommission In this paragraph, the term decommission means, with respect to a road— (i) to reestablish vegetation on the road; and (ii) to restore any natural drainage, watershed function, or other ecological processes that are disrupted or adversely impacted by the road by removing or hydrologically disconnecting the road prism. (B) Requirement Not later than 3 years after the date on which the applicable vegetation management project is completed, the Secretary shall decommission any temporary road constructed under paragraph (3)(C). (e) Timber harvest (1) In general Except as provided in paragraph (2), no harvesting of timber shall be allowed within the conservation management area. (2) Exceptions The Secretary may authorize harvesting of timber in the conservation management area— (A) if the Secretary determines that the harvesting is necessary to further the purposes of the conservation management area; (B) in a manner consistent with the purposes described in subsection (b); and (C) subject to— (i) such reasonable regulations, policies, and practices as the Secretary determines to be appropriate; and (ii) all applicable laws (including regulations). (f) Grazing The grazing of livestock in the conservation management area, where established before the date of enactment of this Act, shall be permitted to continue— (1) subject to— (A) such reasonable regulations, policies, and practices as the Secretary considers necessary; and (B) applicable law (including regulations); and (2) in a manner consistent with the purposes described in subsection (b). (g) Wildfire, insect, and disease management Consistent with this section, the Secretary may carry out any activities within the conservation management area that the Secretary determines to be necessary to control fire, insects, or diseases, including the coordination of those activities with a State or local agency. (h) Acquisition and incorporation of land and interests in land (1) Acquisition authority In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within or adjacent to the boundaries of the conservation management area by purchase from a willing seller, donation, or exchange. (2) Incorporation Any land or interest in land acquired by the Secretary under paragraph (1) shall be— (A) incorporated into, and administered as part of, the conservation management area; and (B) withdrawn in accordance with subsection (i). (i) Withdrawal Subject to valid existing rights, all Federal land located in the conservation management area is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. D Miscellaneous 141. Maps and legal descriptions (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare maps and legal descriptions of— (1) the South Fork Trinity-Mad River Restoration Area established by section 111(b); (2) the Horse Mountain Special Management Area established by section 121(a); (3) the wilderness areas and wilderness additions designated by section 131(a); (4) the potential wilderness areas designated by section 133(a); and (5) the Sanhedrin Special Conservation Management Area established by section 135(a). (b) Submission of maps and legal descriptions The Secretary shall file the maps and legal descriptions prepared under subsection (a) with— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (c) Force of law The maps and legal descriptions prepared under subsection (a) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions. (d) Public availability The maps and legal descriptions prepared under subsection (a) shall be on file and available for public inspection in the appropriate offices of the Forest Service, the Bureau of Land Management, or the National Park Service, as applicable. 142. Updates to land and resource management plans As soon as practicable after the date of enactment of this Act, in accordance with applicable law (including regulations), the Secretary shall incorporate the designations and studies required by this title into updated management plans for units covered by this title. 143. Pacific Gas and Electric Company utility facilities and rights-of-way (a) Effect of title Nothing in this title— (1) affects any validly issued right-of-way for the customary operation, maintenance, upgrade, repair, relocation within an existing right-of-way, replacement, or other authorized activity (including the use of any mechanized vehicle, helicopter, and other aerial device) in a right-of-way acquired by or issued, granted, or permitted to Pacific Gas and Electric Company (including any predecessor or successor in interest or assign) that is located on land included in— (A) the South Fork Trinity-Mad River Restoration Area established by section 111(b); (B) the Horse Mountain Special Management Area established by section 121(a); (C) the Bigfoot National Recreation Trail established under section 122(b)(1); (D) the Sanhedrin Special Conservation Management Area established by section 135(a); or (2) prohibits the upgrading or replacement of any— (A) utility facilities of the Pacific Gas and Electric Company, including those utility facilities in existence on the date of enactment of this Act within— (i) the South Fork Trinity-Mad River Restoration Area known as— (I) Gas Transmission Line 177A or rights-of-way ; (II) Gas Transmission Line DFM 1312-02 or rights-of-way ; (III) Electric Transmission Line Bridgeville-Cottonwood 115 kV or rights-of-way ; (IV) Electric Transmission Line Humboldt-Trinity 60 kV or rights-of-way ; (V) Electric Transmission Line Humboldt-Trinity 115 kV or rights-of-way ; (VI) Electric Transmission Line Maple Creek-Hoopa 60 kV or rights-of-way ; (VII) Electric Distribution Line-Willow Creek 1101 12 kV or rights-of-way ; (VIII) Electric Distribution Line-Willow Creek 1103 12 kV or rights-of-way ; (IX) Electric Distribution Line-Low Gap 1101 12 kV or rights-of-way ; (X) Electric Distribution Line-Fort Seward 1121 12 kV or rights-of-way ; (XI) Forest Glen Border District Regulator Station or rights-of-way ; (XII) Durret District Gas Regulator Station or rights-of-way ; (XIII) Gas Distribution Line 4269C or rights-of-way ; (XIV) Gas Distribution Line 43991 or rights-of-way ; (XV) Gas Distribution Line 4993D or rights-of-way ; (XVI) Sportsmans Club District Gas Regulator Station or rights-of-way ; (XVII) Highway 36 and Zenia District Gas Regulator Station or rights-of-way ; (XVIII) Dinsmore Lodge 2nd Stage Gas Regulator Station or rights-of-way ; (XIX) Electric Distribution Line-Wildwood 1101 12kV or rights-of-way ; (XX) Low Gap Substation ; (XXI) Hyampom Switching Station ; or (XXII) Wildwood Substation ; (ii) the Bigfoot National Recreation Trail known as— (I) Gas Transmission Line 177A or rights-of-way ; (II) Electric Transmission Line Humboldt-Trinity 115 kV or rights-of-way ; (III) Electric Transmission Line Bridgeville-Cottonwood 115 kV or rights-of-way ; or (IV) Electric Transmission Line Humboldt-Trinity 60 kV or rights-of-way ; (iii) the Sanhedrin Special Conservation Management Area known as Electric Distribution Line-Willits 1103 12 kV or rights-of-way ; or (iv) the Horse Mountain Special Management Area known as Electric Distribution Line Willow Creek 1101 12 kV or rights-of-way ; or (B) utility facilities of the Pacific Gas and Electric Company in rights-of-way issued, granted, or permitted by the Secretary adjacent to a utility facility referred to in subparagraph (A). (b) Plans for access Not later than the later of the date that is 1 year after the date of enactment of this Act or the date of issuance of a new utility facility right-of-way within the South Fork Trinity-Mad River Restoration Area, Bigfoot National Recreation Trail, Sanhedrin Special Conservation Management Area, or Horse Mountain Special Management Area, the Secretary, in consultation with the Pacific Gas and Electric Company, shall publish plans for regular and emergency access by the Pacific Gas and Electric Company to the rights-of-way of the Pacific Gas and Electric Company. II Central Coast Heritage Protection 201. Definitions In this title: (1) Scenic area The term scenic area means a scenic area designated by section 207(a). (2) Secretary The term Secretary means— (A) with respect to land managed by the Bureau of Land Management, the Secretary of the Interior; and (B) with respect to land managed by the Forest Service, the Secretary of Agriculture. (3) State The term State means the State of California. (4) Wilderness area The term wilderness area means a wilderness area or wilderness addition designated by section 202(a). 202. Designation of wilderness (a) In general In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 35,116 acres, as generally depicted on the map entitled Proposed Caliente Mountain Wilderness and dated November 13, 2019, which shall be known as the Caliente Mountain Wilderness . (2) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 13,332 acres, as generally depicted on the map entitled Proposed Soda Lake Wilderness and dated June 25, 2019, which shall be known as the Soda Lake Wilderness . (3) Certain land in the Bakersfield Field Office of the Bureau of Land Management comprising approximately 12,585 acres, as generally depicted on the map entitled Proposed Temblor Range Wilderness and dated June 25, 2019, which shall be known as the Temblor Range Wilderness . (4) Certain land in the Los Padres National Forest comprising approximately 23,670 acres, as generally depicted on the map entitled Chumash Wilderness Area Additions—Proposed and dated March 29, 2019, which shall be incorporated into and managed as part of the Chumash Wilderness as designated by section 2(5) of the Los Padres Condor Range and River Protection Act ( 16 U.S.C. 1132 note; Public Law 102–301 ; 106 Stat. 243). (5) Certain land in the Los Padres National Forest comprising approximately 54,036 acres, as generally depicted on the maps entitled Dick Smith Wilderness Area Additions—Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units) and Dick Smith Wilderness Area Additions—Proposed Map 2 of 2 (Buckhorn and Mono Units) and dated November 14, 2019, which shall be incorporated into and managed as part of the Dick Smith Wilderness as designated by section 101(a)(6) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1620). (6) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 7,289 acres, as generally depicted on the map entitled Garcia Wilderness Area Additions—Proposed and dated March 29, 2019, which shall be incorporated into and managed as part of the Garcia Wilderness as designated by section 2(4) of the Los Padres Condor Range and River Protection Act ( 16 U.S.C. 1132 note; Public Law 102–301 ; 106 Stat. 243). (7) Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 8,774 acres, as generally depicted on the map entitled Machesna Mountain Wilderness—Proposed Additions and dated October 30, 2019, which shall be incorporated into and managed as part of the Machesna Mountain Wilderness as designated by section 101(a)(38) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1624). (8) Certain land in the Los Padres National Forest comprising approximately 30,184 acres, as generally depicted on the map entitled Matilija Wilderness Area Additions—Proposed and dated March 29, 2019, which shall be incorporated into and managed as part of the Matilija Wilderness as designated by section 2(2) of the Los Padres Condor Range and River Protection Act ( 16 U.S.C. 1132 note; Public Law 102–301 ; 106 Stat. 242). (9) Certain land in the Los Padres National Forest comprising approximately 23,969 acres, as generally depicted on the map entitled San Rafael Wilderness Area Additions—Proposed and dated February 2, 2021, which shall be incorporated into and managed as part of the San Rafael Wilderness as designated by Public Law 90–271 ( 16 U.S.C. 1132 note; 82 Stat. 51). (10) Certain land in the Los Padres National Forest comprising approximately 2,921 acres, as generally depicted on the map entitled Santa Lucia Wilderness Area Additions—Proposed and dated March 29, 2019, which shall be incorporated into and managed as part of the Santa Lucia Wilderness as designated by section 2(c) of the Endangered American Wilderness Act of 1978 ( 16 U.S.C. 1132 note; Public Law 95–237 ; 92 Stat. 41). (11) Certain land in the Los Padres National Forest comprising approximately 14,313 acres, as generally depicted on the map entitled Sespe Wilderness Area Additions—Proposed and dated March 29, 2019, which shall be incorporated into and managed as part of the Sespe Wilderness as designated by section 2(1) of the Los Padres Condor Range and River Protection Act ( 16 U.S.C. 1132 note; Public Law 102–301 ; 106 Stat. 242). (12) Certain land in the Los Padres National Forest comprising approximately 17,870 acres, as generally depicted on the map entitled Diablo Caliente Wilderness Area—Proposed and dated March 29, 2019, which shall be known as the Diablo Caliente Wilderness . (b) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas with— (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 of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the maps and legal descriptions. (3) Public availability The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. 203. Designation of the Machesna Mountain Potential Wilderness (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 2,359 acres, as generally depicted on the map entitled Machesna Mountain Potential Wilderness and dated March 29, 2019, is designated as the Machesna Mountain Potential Wilderness Area. (b) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Machesna Mountain Potential Wilderness Area (referred to in this section as the potential wilderness area ) with— (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 of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical and typographical errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Management Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.). (d) Trail use, construction, reconstruction, and realignment (1) In general In accordance with paragraph (2), the Secretary may reconstruct, realign, or reroute the Pine Mountain Trail. (2) Requirement In carrying out the reconstruction, realignment, or rerouting under paragraph (1), the Secretary shall— (A) comply with all existing laws (including regulations); and (B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the reconstruction, realignment, or rerouting with the least amount of adverse impact on wilderness character and resources. (3) Motorized vehicles and machinery In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail reconstruction, realignment, or rerouting authorized by this subsection. (4) Motorized and mechanized vehicles The Secretary may permit the use of motorized and mechanized vehicles on the existing Pine Mountain Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h). (e) Withdrawal Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Cooperative agreements In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail reconstruction, realignment, or rerouting authorized by subsection (d). (g) Boundaries The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 150 feet of the centerline of the new location of any trail that has been reconstructed, realigned, or rerouted under subsection (d). (h) Wilderness designation (1) In general The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of— (A) the date on which the Secretary publishes in the Federal Register notice that the trail reconstruction, realignment, or rerouting authorized by subsection (d) has been completed; and (B) the date that is 20 years after the date of enactment of this Act. (2) Administration of wilderness On designation as wilderness under this section, the potential wilderness area shall be— (A) incorporated into the Machesna Mountain Wilderness Area, as designated by section 101(a)(38) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1624) and expanded by section 202; and (B) administered in accordance with section 204 and the Wilderness Act ( 16 U.S.C. 1131 et seq.). 204. Administration of wilderness (a) In general Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with this title and the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that— (1) any reference in the Wilderness Act ( 16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act ( 16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the wilderness area. (b) Fire management and related activities (1) In general The Secretary may take any measures in a wilderness area as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and House Report 98–40 of the 98th Congress. (2) Funding priorities Nothing in this title limits funding for fire and fuels management in the wilderness areas. (3) Revision and development of local fire management plans As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local information in the Fire Management Reference System or individual operational plan that applies to the land designated as a wilderness area. (4) Administration Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas, the Secretary shall enter into agreements with appropriate State or local firefighting agencies. (c) Grazing The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be permitted to continue, subject to any reasonable regulations as the Secretary considers necessary in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); (2) the guidelines set forth in Appendix A of House Report 101–405, accompanying H.R. 2570 of the 101st Congress for land under the jurisdiction of the Secretary of the Interior; (3) the guidelines set forth in House Report 96–617, accompanying H.R. 5487 of the 96th Congress for land under the jurisdiction of the Secretary of Agriculture; and (4) all other laws governing livestock grazing on Federal public land. (d) Fish and wildlife (1) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife on public land in the State. (2) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas, if the management activities are— (A) consistent with relevant wilderness management plans; (B) conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405; and (C) in accordance with memoranda of understanding between the Federal agencies and the State Department of Fish and Wildlife. (e) Buffer zones (1) In general Congress does not intend for the designation of wilderness areas by this title to lead to the creation of protective perimeters or buffer zones around each wilderness area. (2) Activities or uses up to boundaries The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area. (f) Military activities Nothing in this title precludes— (1) low-level overflights of military aircraft over the wilderness areas; (2) the designation of new units of special airspace over the wilderness areas; or (3) the use or establishment of military flight training routes over wilderness areas. (g) Horses Nothing in this title precludes horseback riding in, or the entry of recreational saddle or pack stock into, a wilderness area— (1) in accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ); and (2) subject to any terms and conditions determined to be necessary by the Secretary. (h) Withdrawal Subject to valid existing rights, the wilderness areas are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (i) Incorporation of acquired land and interests Any land within the boundary of a wilderness area that is acquired by the United States shall— (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with— (A) this section; (B) the Wilderness Act ( 16 U.S.C. 1131 et seq.); and (C) any other applicable law. (j) Treatment of existing water diversions in the san rafael wilderness additions (1) Authorization for continued use The Secretary of Agriculture may issue a special use authorization to the owners of the 2 existing water transport or diversion facilities, including administrative access roads (each referred to in this subsection as a facility ), located on National Forest System land in the San Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 13 and 14) and the Peak Mountain unit (T. 10 N., R. 28 W., secs. 23 and 26) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (A) the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (referred to in this subsection as the date of designation ); (B) the facility has been in substantially continuous use to deliver water for the beneficial use on the non-Federal land of the owner since the date of designation; (C) the owner of the facility holds a valid water right for use of the water on the non-Federal land of the owner under State law, with a priority date that predates the date of designation; and (D) it is not practicable or feasible to relocate the facility to land outside of the wilderness and continue the beneficial use of water on the non-Federal land recognized under State law. (2) Terms and conditions (A) Required terms and conditions In a special use authorization issued under paragraph (1), the Secretary may— (i) allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of a facility, if the Secretary determines that— (I) the use is the minimum necessary to allow the facility to continue delivery of water to the non-Federal land for the beneficial uses recognized by the water right held under State law; and (II) the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible; and (ii) preclude use of the facility for the diversion or transport of water in excess of the water right recognized by the State on the date of designation. (B) Discretionary terms and conditions In a special use authorization issued under paragraph (1), the Secretary may require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ) if the beneficial use of water on the non-Federal land is not diminished. (k) Treatment of existing electrical distribution line in the san rafael wilderness additions (1) Authorization for continued use The Secretary of Agriculture may issue a special use authorization to the owners of the existing electrical distribution line to the Plowshare Peak communication site (referred to in this subsection as a facility ) located on National Forest System land in the San Rafael Wilderness Additions in the Moon Canyon unit (T. 11 N., R. 30 W., secs. 2, 3, and 4) for the continued operation, maintenance, and reconstruction of the facility if the Secretary determines that— (A) the facility was in existence on the date on which the land on which the facility is located was designated as part of the National Wilderness Preservation System (referred to in this subsection as the date of designation ); (B) the facility has been in substantially continuous use to deliver electricity to the communication site; and (C) it is not practicable or feasible to relocate the distribution line to land outside of the wilderness. (2) Terms and conditions (A) Required terms and conditions In a special use authorization issued under paragraph (1), the Secretary may allow use of motorized equipment and mechanized transport for operation, maintenance, or reconstruction of the electrical distribution line, if the Secretary determines that the use of nonmotorized equipment and nonmechanized transport is impracticable or infeasible. (B) Discretionary terms and conditions In a special use authorization issued under paragraph (1), the Secretary may require or allow modification or relocation of the facility in the wilderness, as the Secretary determines necessary, to reduce impacts to wilderness values set forth in section 2 of the Wilderness Act ( 16 U.S.C. 1131 ). (l) Climatological data collection In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and subject to terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. 205. Designation of Wild and Scenic Rivers (a) Indian creek, mono creek, and matilija creek, california Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as amended by section 134) is amended by adding at the end the following: (269) Indian creek, california The following segments of Indian Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 9.5-mile segment of Indian Creek from its source in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness boundary, as a wild river. (B) The 1-mile segment of Indian Creek from the Dick Smith Wilderness boundary to 0.25 miles downstream of Road 6N24, as a scenic river. (C) The 3.9-mile segment of Indian Creek from 0.25 miles downstream of Road 6N24 to the southern boundary of sec. 32, T. 6 N., R. 26 W., as a wild river. (270) Mono creek, california The following segments of Mono Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 4.2-mile segment of Mono Creek from its source in sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild river. (B) The 2.1-mile segment of Mono Creek from 0.25 miles upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R. 25 W., to 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., as a recreational river. (C) The 14.7-mile segment of Mono Creek from 0.25 miles downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25 W., to the Ogilvy Ranch private property boundary in sec. 22, T. 6 N., R. 26 W., as a wild river. (D) The 3.5-mile segment of Mono Creek from the Ogilvy Ranch private property boundary to the southern boundary of sec. 33, T. 6 N., R. 26 W., as a recreational river. (271) Matilija creek, california The following segments of Matilija Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 7.2-mile segment of the Matilija Creek from its source in sec. 25, T. 6 N., R. 25 W., to the private property boundary in sec. 9, T. 5 N., R. 24 W., as a wild river. (B) The 7.25-mile segment of the Upper North Fork Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W., to the Matilija Wilderness boundary, as a wild river. . (b) Sespe creek, california Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by striking paragraph (142) and inserting the following: (142) Sespe creek, california The following segments of Sespe Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 2.7-mile segment of Sespe Creek from the private property boundary in sec. 10, T. 6 N., R. 24 W., to the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., as a wild river. (B) The 15-mile segment of Sespe Creek from the Hartman Ranch private property boundary in sec. 14, T. 6 N., R. 24 W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as a recreational river. (C) The 6.1-mile segment of Sespe Creek from the western boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with Trout Creek, as a scenic river. (D) The 28.6-mile segment of Sespe Creek from the confluence with Trout Creek to the southern boundary of sec. 35, T. 5 N., R. 20 W., as a wild river. . (c) Sisquoc river, california Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by striking paragraph (143) and inserting the following: (143) Sisquoc river, california The following segments of the Sisquoc River and its tributaries in the State of California, to be administered by the Secretary of Agriculture: (A) The 33-mile segment of the main stem of the Sisquoc River extending from its origin downstream to the Los Padres Forest boundary, as a wild river. (B) The 4.2-mile segment of the South Fork Sisquoc River from its source northeast of San Rafael Mountain in sec. 2, T. 7 N., R. 28 W., to its confluence with the Sisquoc River, as a wild river. (C) The 10.4-mile segment of Manzana Creek from its source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W., to the San Rafael Wilderness boundary upstream of Nira Campground, as a wild river. (D) The 0.6-mile segment of Manzana Creek from the San Rafael Wilderness boundary upstream of the Nira Campground to the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek, as a recreational river. (E) The 5.8-mile segment of Manzana Creek from the San Rafael Wilderness boundary downstream of the confluence of Davy Brown Creek to the private property boundary in sec. 1, T. 8 N., R. 30 W., as a wild river. (F) The 3.8-mile segment of Manzana Creek from the private property boundary in sec. 1, T. 8 N., R. 30 W., to the confluence of the Sisquoc River, as a recreational river. (G) The 3.4-mile segment of Davy Brown Creek from its source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Munch Canyon, as a wild river. (H) The 1.4-mile segment of Davy Brown Creek from 300 feet upstream of its confluence with Munch Canyon to its confluence with Manzana Creek, as a recreational river. (I) The 2-mile segment of Munch Canyon from its source north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300 feet upstream of its confluence with Sunset Valley Creek, as a wild river. (J) The 0.5-mile segment of Munch Canyon from 300 feet upstream of its confluence with Sunset Valley Creek to its confluence with Davy Brown Creek, as a recreational river. (K) The 2.6-mile segment of Fish Creek from 500 feet downstream of Sunset Valley Road to its confluence with Manzana Creek, as a wild river. (L) The 1.5-mile segment of East Fork Fish Creek from its source in sec. 26, T. 8 N., R. 29 W., to its confluence with Fish Creek, as a wild river. . (d) Piru creek, california Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by striking paragraph (199) and inserting the following: (199) Piru creek, california The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture: (A) The 9.1-mile segment of Piru Creek from its source in sec. 3, T. 6 N., R. 22 W., to the private property boundary in sec. 4, T. 6 N., R. 21 W., as a wild river. (B) The 17.2-mile segment of Piru Creek from the private property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles downstream of the Gold Hill Road, as a scenic river. (C) The 4.1-mile segment of Piru Creek from 0.25 miles downstream of Gold Hill Road to the confluence with Trail Canyon, as a wild river. (D) The 7.25-mile segment of Piru Creek from the confluence with Trail Canyon to the confluence with Buck Creek, as a scenic river. (E) The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river. (F) The 13-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the boundary of the Sespe Wilderness, as a wild river. (G) The 2.2-mile segment of Piru Creek from the boundary of the Sespe Wilderness to the upper limit of Piru Reservoir, as a recreational river. . (e) Effect The designation of additional miles of Piru Creek under subsection (d) shall not affect valid water rights in existence on the date of enactment of this Act. (f) Motorized use of trails Nothing in this section (including the amendments made by this section) affects the motorized use of trails designated by the Forest Service for motorized use that are located adjacent to and crossing upper Piru Creek, if the use is consistent with the protection and enhancement of river values under the Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.). 206. Designation of the Fox Mountain Potential Wilderness (a) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq.), certain land in the Los Padres National Forest comprising approximately 41,082 acres, as generally depicted on the map entitled Fox Mountain Potential Wilderness Area and dated November 14, 2019, is designated as the Fox Mountain Potential Wilderness Area. (b) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description of the Fox Mountain Potential Wilderness Area (referred to in this section as the potential wilderness area ) with— (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 of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the map and legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (c) Management Except as provided in subsection (d) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.). (d) Trail use construction, reconstruction, and realignment (1) In general In accordance with paragraph (2), the Secretary of Agriculture may— (A) construct a new trail for use by hikers, equestrians, and mechanized vehicles that connects the Aliso Park Campground to the Bull Ridge Trail; and (B) reconstruct or realign— (i) the Bull Ridge Trail; and (ii) the Rocky Ridge Trail. (2) Requirement In carrying out the construction, reconstruction, or alignment under paragraph (1), the Secretary shall— (A) comply with all existing laws (including regulations); and (B) to the maximum extent practicable, use the minimum tool or administrative practice necessary to accomplish the construction, reconstruction, or alignment with the least amount of adverse impact on wilderness character and resources. (3) Motorized vehicles and machinery In accordance with paragraph (2), the Secretary may use motorized vehicles and machinery to carry out the trail construction, reconstruction, or realignment authorized by this subsection. (4) Mechanized vehicles The Secretary may permit the use of mechanized vehicles on the existing Bull Ridge Trail and Rocky Ridge Trail in accordance with existing law (including regulations) and this subsection until such date as the potential wilderness area is designated as wilderness in accordance with subsection (h). (e) Withdrawal Subject to valid existing rights, the Federal land in the potential wilderness area is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Cooperative agreements In carrying out this section, the Secretary may enter into cooperative agreements with State, Tribal, and local governmental entities and private entities to complete the trail construction, reconstruction, and realignment authorized by subsection (d). (g) Boundaries The Secretary shall modify the boundary of the potential wilderness area to exclude any area within 50 feet of the centerline of the new location of any trail that has been constructed, reconstructed, or realigned under subsection (d). (h) Wilderness designation (1) In general The potential wilderness area, as modified under subsection (g), shall be designated as wilderness and as a component of the National Wilderness Preservation System on the earlier of— (A) the date on which the Secretary publishes in the Federal Register notice that the trail construction, reconstruction, or alignment authorized by subsection (d) has been completed; and (B) the date that is 20 years after the date of enactment of this Act. (2) Administration of wilderness On designation as wilderness under this section, the potential wilderness area shall be— (A) incorporated into the San Rafael Wilderness, as designated by Public Law 90–271 ( 16 U.S.C. 1132 note; 82 Stat. 51) and expanded by section 202; and (B) administered in accordance with section 204 and the Wilderness Act ( 16 U.S.C. 1131 et seq.). 207. Designation of scenic areas (a) In general Subject to valid existing rights, there are established the following scenic areas: (1) Condor ridge scenic area Certain land in the Los Padres National Forest comprising approximately 18,666 acres, as generally depicted on the map entitled Condor Ridge Scenic Area—Proposed and dated March 29, 2019, which shall be known as the Condor Ridge Scenic Area . (2) Black mountain scenic area Certain land in the Los Padres National Forest and the Bakersfield Field Office of the Bureau of Land Management comprising approximately 16,216 acres, as generally depicted on the map entitled Black Mountain Scenic Area—Proposed and dated March 29, 2019, which shall be known as the Black Mountain Scenic Area . (b) Maps and legal descriptions (1) In general As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and legal description of the Condor Ridge Scenic Area and Black Mountain Scenic Area with— (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 of law The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary of Agriculture may correct any clerical and typographical errors in the maps and legal descriptions. (3) Public availability The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management. (c) Purpose The purpose of the scenic areas is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the scenic areas. (d) Management (1) In general The Secretary shall administer the scenic areas— (A) in a manner that conserves, protects, and enhances the resources of the scenic areas, and in particular the scenic character attributes of the scenic areas; and (B) in accordance with— (i) this section; (ii) the Federal Land Policy and Management Act ( 43 U.S.C. 1701 et seq.) for land under the jurisdiction of the Secretary of the Interior; (iii) any laws (including regulations) relating to the National Forest System, for land under the jurisdiction of the Secretary of Agriculture; and (iv) any other applicable law (including regulations). (2) Uses The Secretary shall only allow those uses of the scenic areas that the Secretary determines would further the purposes described in subsection (c). (e) Withdrawal Subject to valid existing rights, the Federal land in the scenic areas is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Prohibited uses The following shall be prohibited on the Federal land within the scenic areas: (1) Permanent roads. (2) Permanent structures. (3) Timber harvesting except when necessary for the purposes described in subsection (g). (4) Transmission lines. (5) Except as necessary to meet the minimum requirements for the administration of the scenic areas and to protect public health and safety— (A) the use of motorized vehicles; or (B) the establishment of temporary roads. (6) Commercial enterprises, except as necessary for realizing the purposes of the scenic areas. (g) Wildfire, insect, and disease management Consistent with this section, the Secretary may take any measures in the scenic areas that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with the State or a local agency. (h) Adjacent management The fact that an otherwise authorized activity or use can be seen or heard within a scenic area shall not preclude the activity or use outside the boundary of the scenic area. 208. Condor National Scenic Trail (a) Finding Congress finds that the Condor National Scenic Trail established under paragraph (31) of section 5(a) of the National Trails System Act ( 16 U.S.C. 1244(a) ) is named after the California Condor, a critically endangered bird species that lives along the corridor of the Condor National Scenic Trail. (b) Purposes The purposes of the Condor National Scenic Trail are— (1) to provide a continual extended hiking corridor that connects the southern and northern portions of the Los Padres National Forest, spanning the entire length of the forest along the coastal mountains of southern and central California; and (2) to provide for the public enjoyment of the nationally significant scenic, historic, natural, and cultural resources of the Los Padres National Forest. (c) Amendment Section 5(a) of the National Trails System Act ( 16 U.S.C. 1244(a) ) is amended by adding at the end the following: (31) Condor national scenic trail (A) In general The Condor National Scenic Trail, a trail extending approximately 400 miles from Lake Piru in the southern portion of the Los Padres National Forest to the Bottchers Gap Campground in the northern portion of the Los Padres National Forest. (B) Administration The Condor National Scenic Trail shall be administered by the Secretary of Agriculture, in consultation with— (i) other Federal, State, Tribal, regional, and local agencies; (ii) private landowners; and (iii) other interested organizations. (C) Recreational uses Notwithstanding section 7(c), the use of motorized vehicles on roads or trails included in the Condor National Scenic Trail on which motorized vehicles are permitted as of the date of enactment of this paragraph may be permitted. (D) Private property rights (i) Prohibition The Secretary shall not acquire for the Condor National Scenic Trail any land or interest in land outside the exterior boundary of any federally managed area without the consent of the owner of land or interest in land. (ii) Effect Nothing in this paragraph— (I) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (II) modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (E) Realignment The Secretary of Agriculture may realign segments of the Condor National Scenic Trail as necessary to fulfill the purposes of the Condor National Scenic Trail. . (d) Study (1) Study required Not later than 3 years after the date of enactment of this Act, in accordance with this subsection, the Secretary of Agriculture shall conduct a study that— (A) addresses the feasibility of, and alternatives for, connecting the northern and southern portions of the Los Padres National Forest by establishing a trail across the applicable portions of the northern and southern Santa Lucia Mountains of the southern California Coastal Range; and (B) considers realignment of the Condor National Scenic Trail or construction of new segments for the Condor National Scenic Trail to avoid existing segments of the Condor National Scenic Trail that allow motorized vehicles. (2) Contents In carrying out the study required under paragraph (1), the Secretary of Agriculture shall— (A) comply with the requirements for studies for a national scenic trail described in section 5(b) of the National Trails System Act ( 16 U.S.C. 1244(b) ); (B) provide for a continual hiking route through and connecting the southern and northern sections of the Los Padres National Forest; (C) promote recreational, scenic, wilderness, and cultural values; (D) enhance connectivity with the overall system of National Forest System trails; (E) consider new connectors and realignment of existing trails; (F) emphasize safe and continuous public access, dispersal from high-use areas, and suitable water sources; and (G) to the extent practicable, provide all-year use. (3) Additional requirement In completing the study required under paragraph (1), the Secretary of Agriculture shall consult with— (A) appropriate Federal, State, Tribal, regional, and local agencies; (B) private landowners; (C) nongovernmental organizations; and (D) members of the public. (4) Submission The Secretary of Agriculture shall submit the study required under paragraph (1) to— (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (5) Additions and alterations to the condor national scenic trail (A) In general On completion of the study required under paragraph (1), if the Secretary of Agriculture determines that additional or alternative trail segments are feasible for inclusion in the Condor National Scenic Trail, the Secretary of Agriculture shall include the segments in the Condor National Scenic Trail. (B) Effective date An addition or alteration to the Condor National Scenic Trail determined to be feasible under subparagraph (A) shall take effect on the date on which the Secretary of Agriculture publishes in the Federal Register notice that the additional or alternative segments are included in the Condor National Scenic Trail. (e) Cooperative agreements In carrying out this section (including the amendments made by this section), the Secretary of Agriculture may enter into cooperative agreements with State, Tribal, and local government entities and private entities to complete necessary construction, reconstruction, and realignment projects authorized for the Condor National Scenic Trail under this section (including the amendments made by this section). 209. Forest service study Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture (acting through the Chief of the Forest Service) shall study the feasibility of opening a new trail, for vehicles measuring 50 inches or less, connecting Forest Service Highway 95 to the existing off-highway vehicle trail system in the Ballinger Canyon off-highway vehicle area. 210. Nonmotorized recreation opportunities Not later than 6 years after the date of enactment of this Act, the Secretary of Agriculture, in consultation with interested parties, shall conduct a study to improve nonmotorized recreation trail opportunities (including mountain bicycling) on land not designated as wilderness within the Santa Barbara, Ojai, and Mt. Pinos ranger districts. 211. Use by members of Indian Tribes (a) Access The Secretary shall ensure that Indian Tribes have access, in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), to the wilderness areas, scenic areas, and potential wilderness areas designated by this title for traditional cultural and religious purposes. (b) Temporary closures (1) In general In carrying out this section, the Secretary, on request of an Indian Tribe, may temporarily close to the general public 1 or more specific portions of a wilderness area, scenic area, or potential wilderness area designated by this title to protect the privacy of the members of the Indian Tribe in the conduct of traditional cultural and religious activities. (2) Requirement Any closure under paragraph (1) shall be— (A) made in such a manner as to affect the smallest practicable area for the minimum period of time necessary for the activity to be carried out; and (B) be consistent with— (i) Public Law 95–341 (commonly known as the American Indian Religious Freedom Act ) ( 42 U.S.C. 1996 et seq.); and (ii) the Wilderness Act ( 16 U.S.C. 1131 et seq.). III San Gabriel Mountains Foothills and Rivers Protection 301. Definition of State In this title, the term State means the State of California. A San Gabriel National Recreation Area 311. Purposes The purposes of this subtitle are— (1) to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Recreation Area; (2) to provide environmentally responsible, well-managed recreational opportunities within the Recreation Area; (3) to improve access to and from the Recreation Area; (4) to provide expanded educational and interpretive services to increase public understanding of, and appreciation for, the natural and cultural resources of the Recreation Area; (5) to facilitate the cooperative management of the land and resources within the Recreation Area, in collaboration with— (A) the State; (B) political subdivisions of the State; (C) historical, business, cultural, civic, recreational, tourism, and other nongovernmental organizations; and (D) the public; and (6) to allow the continued use of the Recreation Area by all individuals, entities, and local government agencies in activities relating to integrated water management, flood protection, water conservation, water quality, water rights, water supply, groundwater recharge and monitoring, wastewater treatment, public roads and bridges, and utilities within or adjacent to the Recreation Area. 312. Definitions In this subtitle: (1) Adjudication The term adjudication means any final judgment, order, ruling, or decree entered in any judicial proceeding adjudicating or affecting— (A) a water right; (B) surface water management; or (C) groundwater management. (2) Advisory council The term Advisory Council means the San Gabriel National Recreation Area Public Advisory Council established under section 317(a). (3) Federal land The term Federal land means— (A) public land under the jurisdiction of the Secretary; and (B) land under the jurisdiction of the Secretary of Defense, acting through the Chief of Engineers. (4) Management plan The term management plan means the management plan for the Recreation Area required under section 314(d). (5) Partnership The term Partnership means the San Gabriel National Recreation Area Partnership established by section 318(a). (6) Public water system The term public water system has the meaning given the term in— (A) section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ); or (B) section 116275 of the California Health and Safety Code. (7) Recreation area The term Recreation Area means the San Gabriel National Recreation Area established by section 313(a). (8) Secretary The term Secretary means the Secretary of the Interior. (9) Utility facility The term utility facility means— (A) (i) any electric substation, communication facility, tower, pole, line, ground wire, communication circuit, or other structure; and (ii) any related infrastructure; and (B) any facility associated with a public water system. (10) Water resource facility The term water resource facility means— (A) an irrigation or pumping facility; (B) a dam or reservoir; (C) a flood control facility; (D) a water conservation works (including a debris protection facility); (E) a sediment placement site; (F) a rain gauge or stream gauge; (G) a water quality facility; (H) a water storage tank or reservoir; (I) a recycled water facility or water pumping, conveyance, or distribution system; (J) a water or wastewater treatment facility; (K) an aqueduct, canal, ditch, pipeline, well, hydropower project, or transmission or other ancillary facility; (L) a groundwater recharge facility; (M) a water conservation facility; (N) a water filtration plant; and (O) any other water diversion, conservation, groundwater recharge, storage, or carriage structure. 313. San Gabriel National Recreation Area (a) Establishment; boundaries Subject to valid existing rights, there is established as a unit of the National Park System in the State the San Gabriel National Recreation Area depicted as the Proposed San Gabriel National Recreation Area on the map entitled San Gabriel National Recreation Area Proposed Boundary , numbered 503/152,737, and dated July 2019. (b) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Recreation Area with— (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 of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this title, except that the Secretary may correct any clerical or typographical error in the map or legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (c) Administration and jurisdiction (1) Public land The public land included in the Recreation Area shall be administered by the Secretary, acting through the Director of the National Park Service. (2) Department of defense land Notwithstanding the inclusion of Federal land under the jurisdiction of the Secretary of Defense in the Recreation Area, nothing in this subtitle— (A) transfers administrative jurisdiction of that Federal land from the Secretary of Defense; or (B) otherwise affects any Federal land under the jurisdiction of the Secretary of Defense. (3) State and local jurisdiction Nothing in this subtitle alters, modifies, or diminishes any right, responsibility, power, authority, jurisdiction, or entitlement of the State, a political subdivision of the State, including a court of competent jurisdiction, regulatory commission, board, or department, or any State or local agency under any applicable Federal, State, or local law (including regulations). 314. Management (a) National park system Subject to valid existing rights, the Secretary shall manage the public land included in the Recreation Area in a manner that protects and enhances the natural resources and values of the public land, in accordance with— (1) this subtitle; (2) the laws generally applicable to units of the National Park System, including section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and (3) other applicable law (including regulations), adjudications, and orders. (b) Cooperation with secretary of defense The Secretary shall cooperate with the Secretary of Defense to develop opportunities for the management of the Federal land under the jurisdiction of the Secretary of Defense included in the Recreation Area in accordance with the purposes described in section 311, to the maximum extent practicable. (c) Treatment of non-Federal land (1) In general Nothing in this subtitle— (A) authorizes the Secretary to take any action that would affect the use of any land not owned by the United States within the Recreation Area; (B) affects the use of, or access to, any non-Federal land within the Recreation Area; (C) modifies any provision of Federal, State, or local law with respect to public access to, or use of, non-Federal land; (D) requires any owner of non-Federal land to allow public access (including Federal, State, or local government access) to private property or any other non-Federal land; (E) alters any duly adopted land use regulation, approved land use plan, or any other regulatory authority of any State or local agency or unit of Tribal government; (F) creates any liability, or affects any liability under any other law, of any private property owner or other owner of non-Federal land with respect to any person injured on the private property or other non-Federal land; (G) conveys to the Partnership any land use or other regulatory authority; (H) causes any Federal, State, or local regulation or permit requirement intended to apply to units of the National Park System to affect— (i) the Federal land under the jurisdiction of the Secretary of Defense; or (ii) non-Federal land within the boundaries of the Recreation Area; or (I) requires any local government to participate in any program administered by the Secretary. (2) Cooperation The Secretary is encouraged to work with owners of non-Federal land who have agreed to cooperate with the Secretary to advance the purposes of this subtitle. (3) Buffer zones (A) In general Nothing in this subtitle establishes any protective perimeter or buffer zone around the Recreation Area. (B) Activities or uses up to boundaries The fact that an activity or use of land can be seen or heard from within the Recreation Area shall not preclude the activity or land use up to the boundary of the Recreation Area. (4) Facilities Nothing in this subtitle affects the operation, maintenance, modification, construction, destruction, removal, relocation, improvement, or expansion of— (A) any water resource facility or public water system; (B) any solid waste, sanitary sewer, water, or wastewater treatment, groundwater recharge or conservation, hydroelectric, or conveyance distribution system; (C) any recycled water facility; or (D) any other utility facility located within or adjacent to the Recreation Area. (5) Exemption Section 100903 of title 54, United States Code, shall not apply to— (A) the Puente Hills landfill; or (B) any materials recovery facility or intermodal facility associated with the Recreation Area. (d) Management plan (1) Deadline Not later than 3 years after the date of enactment of this Act, the Secretary and the Advisory Council shall establish a comprehensive management plan for the Recreation Area that supports the purposes described in section 311. (2) Use of existing plans In developing the management plan, to the extent consistent with this section, the Secretary may incorporate any provision of a land use or other plan applicable to the public land included in the Recreation Area. (3) Incorporation of visitor services plan To the maximum extent practicable, the Secretary shall incorporate into the management plan the visitor services plan under section 319(a)(2). (4) Partnership In developing the management plan, the Secretary shall— (A) consider recommendations of the Partnership; and (B) to the maximum extent practicable, incorporate recommendations of the Partnership into the management plan, if the Secretary determines that the recommendations are feasible and consistent with the purposes described in section 311, this subtitle, and applicable law (including regulations). (e) Fish and wildlife Nothing in this subtitle affects the jurisdiction of the State with respect to fish or wildlife located on public land in the State. 315. Acquisition of non-Federal land within Recreation Area (a) Limited acquisition authority (1) In general Subject to paragraph (2), the Secretary may acquire non-Federal land within the boundaries of the Recreation Area only through exchange, donation, or purchase from a willing seller. (2) Determination required Before acquiring any land or interest in land pursuant to this subsection, the Secretary shall make a determination that the land contains an important biological, cultural, historic, or recreational value. (b) Prohibition on use of eminent domain Nothing in this subtitle authorizes the use of eminent domain to acquire land or an interest in land. (c) Treatment of acquired land Any land or interest in land acquired by the United States within the boundaries of the Recreation Area shall be— (1) included in the Recreation Area; and (2) administered by the Secretary in accordance with— (A) this subtitle; and (B) other applicable laws (including regulations). 316. Water rights; water resource facilities; public roads; utility facilities (a) No effect on water rights Nothing in this subtitle or section 322— (1) affects the use or allocation, as in existence on the date of enactment of this Act, of any water, water right, or interest in water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, groundwater, and public trust interest); (2) affects any public or private contract in existence on the date of enactment of this Act for the sale, lease, loan, or transfer of any water (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater); (3) relinquishes or reduces any water right reserved or appropriated by the United States in the State on or before the date of enactment of this Act; (4) authorizes or imposes any new reserved Federal water right or expands water usage pursuant to any existing Federal reserved riparian or appropriative right; (5) relinquishes or reduces any water right (including potable, recycled, reclaimed, waste, imported, exported, banked, or stored water, surface water, and groundwater) held, reserved, or appropriated by any public entity or other individual or entity on or before the date of enactment of this Act; (6) interferes or conflicts with the exercise of the powers or duties of any watermaster, public agency, public water system, court of competent jurisdiction, or other body or entity responsible for groundwater or surface water management or groundwater replenishment as designated or established pursuant to any adjudication or Federal or State law, including the management of the San Gabriel River watershed and basin, to provide water supply or other environmental benefits; (7) impedes or adversely impacts any previously adopted Los Angeles County Drainage Area project, as described in the report of the Chief of Engineers dated June 30, 1992 (including any supplement or addendum to that report), or any maintenance agreement to operate that project; (8) interferes or conflicts with any action by a watermaster, water agency, public water system, court of competent jurisdiction, or public agency pursuant to any Federal or State law, water right, or adjudication, including any action relating to— (A) water conservation; (B) water quality; (C) surface water diversion or impoundment; (D) groundwater recharge; (E) water treatment; (F) conservation or storage of water; (G) the pollution, waste discharge, or pumping of groundwater; or (H) the spreading, injection, pumping, storage, or use, in connection with the management or regulation of the San Gabriel River, of water from— (i) a local source; (ii) a storm water flow; (iii) runoff; or (iv) imported or recycled water; (9) interferes with, obstructs, hinders, or delays the exercise of, or access to, any water right by the owner of a public water system or any other individual or entity, including the construction, operation, maintenance, replacement, removal, repair, location, or relocation of— (A) a well; (B) a pipeline; (C) a water pumping, treatment, diversion, impoundment, or storage facility; or (D) any other facility or property necessary or useful— (i) to access any water right; or (ii) to operate any public water system; (10) requires the initiation or reinitiation of consultation with the United States Fish and Wildlife Service under, or the application of any provision of, the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.) relating to any action affecting any water, water right, or water management or water resource facility in the San Gabriel River watershed and basin; or (11) authorizes any agency or employee of the United States, or any other person, to take any action inconsistent with any of paragraphs (1) through (10). (b) Water resource facilities (1) No effect on existing water resource facilities Nothing in this subtitle or section 322 affects— (A) the use, operation, maintenance, repair, construction, destruction, removal, reconfiguration, expansion, improvement, or replacement of a water resource facility or public water system within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument; or (B) access to a water resource facility within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument. (2) No effect on new water resource facilities Nothing in this subtitle or section 322 precludes the establishment of a new water resource facility (including instream sites, routes, and areas) within the Recreation Area or the San Gabriel Mountains National Monument if the water resource facility or public water system is necessary to preserve or enhance the health, safety, reliability, quality, or accessibility of water supply, or utility services to residents of Los Angeles County. (3) Flood control Nothing in this subtitle or section 322— (A) imposes any new restriction or requirement on flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations or maintenance; or (B) increases the liability of an agency or public water system carrying out flood protection, water conservation, water supply, groundwater recharge, water transfers, or water quality operations. (4) Diversion or use of water Nothing in this subtitle or section 322 authorizes or requires the use of water or water rights in, or the diversion of water to, the Recreation Area or San Gabriel Mountains National Monument. (c) Utility facilities and rights of way Nothing in this subtitle or section 322— (1) affects the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, inspection, renewal, reconstruction, alteration, addition, relocation, improvement, removal, or replacement of a utility facility or appurtenant right-of-way within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument; (2) affects access to a utility facility or right-of-way within or adjacent to the Recreation Area or the San Gabriel Mountains National Monument; or (3) precludes the establishment of a new utility facility or right-of-way (including instream sites, routes, and areas) within the Recreation Area or the San Gabriel Mountains National Monument if such a facility or right-of-way is necessary for public health and safety, electricity supply, or other utility services. (d) Roads; public transit (1) Definitions In this subsection: (A) Public road The term public road means any paved road or bridge (including any appurtenant structure and right-of-way) that is— (i) operated or maintained by a non-Federal entity; and (ii) (I) open to vehicular use by the public; or (II) used by a public agency or utility for the operation, maintenance, improvement, repair, removal, relocation, construction, destruction, or rehabilitation of infrastructure, a utility facility, or a right-of-way. (B) Public transit The term public transit means any transit service (including operations and rights-of-way) that is— (i) operated or maintained by a non-Federal entity; and (ii) (I) open to the public; or (II) used by a public agency or contractor for the operation, maintenance, repair, construction, or rehabilitation of infrastructure, a utility facility, or a right-of-way. (2) No effect on public roads or public transit Nothing in this subtitle or section 322— (A) authorizes the Secretary to take any action that would affect the operation, maintenance, repair, or rehabilitation of public roads or public transit (including activities necessary to comply with Federal or State safety or public transit standards); or (B) creates any new liability, or increases any existing liability, of an owner or operator of a public road. 317. San Gabriel National Recreation Area Public Advisory Council (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the San Gabriel National Recreation Area Public Advisory Council . (b) Duties The Advisory Council shall advise the Secretary regarding the development and implementation of— (1) the management plan; and (2) the visitor services plan under section 319(a)(2). (c) Applicable law The Advisory Council shall be subject to— (1) the Federal Advisory Committee Act (5 U.S.C. App.); and (2) all other applicable laws (including regulations). (d) Membership The Advisory Council shall consist of 22 members, to be appointed by the Secretary after taking into consideration recommendations of the Partnership, of whom— (1) 2 shall represent local, regional, or national environmental organizations; (2) 2 shall represent the interests of outdoor recreation, including off-highway vehicle recreation, within the Recreation Area; (3) 2 shall represent the interests of community-based organizations, the missions of which include expanding access to the outdoors; (4) 2 shall represent business interests; (5) 1 shall represent Indian Tribes within or adjacent to the Recreation Area; (6) 1 shall represent the interests of homeowners’ associations within the Recreation Area; (7) 3 shall represent the interests of holders of adjudicated water rights, public water systems, water agencies, wastewater and sewer agencies, recycled water facilities, and water management and replenishment entities; (8) 1 shall represent energy and mineral development interests; (9) 1 shall represent owners of Federal grazing permits or other land use permits within the Recreation Area; (10) 1 shall represent archaeological and historical interests; (11) 1 shall represent the interests of environmental educators; (12) 1 shall represent cultural history interests; (13) 1 shall represent environmental justice interests; (14) 1 shall represent electrical utility interests; and (15) 2 shall represent the affected public at large. (e) Terms (1) Staggered terms A member of the Advisory Council shall be appointed for a term of 3 years, except that, of the members first appointed— (A) 7 shall be appointed for a term of 1 year; and (B) 7 shall be appointed for a term of 2 years. (2) Reappointment A member may be reappointed to serve on the Advisory Council on the expiration of the term of service of the member. (3) Vacancy A vacancy on the Advisory Council shall be filled in the same manner in which the original appointment was made. (f) Quorum (1) In general Ten members of the Advisory Council shall constitute a quorum. (2) No effect on operations The operations of the Advisory Council shall not be impaired by the fact that a member has not yet been appointed if a quorum has been attained under paragraph (1). (g) Chairperson; procedures The Advisory Council shall— (1) select a chairperson from among the members of the Advisory Council; and (2) establish such rules and procedures as the Advisory Council considers to be necessary or desirable. (h) Service without pay A member of the Advisory Council shall serve without pay. (i) Termination The Advisory Council shall terminate on— (1) the date that is 5 years after the date on which the management plan is adopted by the Secretary; or (2) such later date as the Secretary considers to be appropriate. 318. San Gabriel National Recreation Area Partnership (a) Establishment There is established a partnership, to be known as the San Gabriel National Recreation Area Partnership . (b) Purposes The purposes of the Partnership are— (1) to coordinate the activities of Federal, State, Tribal, and local authorities and the private sector in advancing the purposes of this subtitle; and (2) to use the resources and expertise of each agency in improving management and recreational opportunities within the Recreation Area. (c) Membership The Partnership shall include the following: (1) The Secretary (or a designee) to represent the National Park Service. (2) The Secretary of Defense (or a designee) to represent the Corps of Engineers. (3) The Secretary of Agriculture (or a designee) to represent the Forest Service. (4) The Secretary of the Natural Resources Agency of the State (or a designee) to represent— (A) the California Department of Parks and Recreation; and (B) the Rivers and Mountains Conservancy. (5) One designee of the Los Angeles County Board of Supervisors. (6) One designee of the Puente Hills Habitat Preservation Authority. (7) Four designees of the San Gabriel Council of Governments, of whom 1 shall be selected from a local land conservancy. (8) One designee of the San Gabriel Valley Economic Partnership. (9) One designee of the Los Angeles County Flood Control District. (10) One designee of the San Gabriel Valley Water Association. (11) One designee of the Central Basin Water Association. (12) One designee of the Main San Gabriel Basin Watermaster. (13) One designee of a public utility company, to be appointed by the Secretary. (14) One designee of the Watershed Conservation Authority. (15) One designee of the Advisory Council for the period during which the Advisory Council remains in effect. (16) One designee of San Gabriel Mountains National Monument Community Collaborative. (d) Duties To advance the purposes described in section 311, the Partnership shall— (1) make recommendations to the Secretary regarding the development and implementation of the management plan; (2) review and comment on the visitor services plan under section 319(a)(2), and facilitate the implementation of that plan; (3) assist units of local government, regional planning organizations, and nonprofit organizations in advancing the purposes of the Recreation Area by— (A) carrying out programs and projects that recognize, protect, and enhance important resource values within the Recreation Area; (B) establishing and maintaining interpretive exhibits and programs within the Recreation Area; (C) developing recreational and educational opportunities in the Recreation Area in accordance with the purposes of this subtitle; (D) increasing public awareness of, and appreciation for, natural, historic, scenic, and cultural resources of the Recreation Area; (E) ensuring that signs identifying points of public access and sites of interest are posted throughout the Recreation Area; (F) promoting a wide range of partnerships among governments, organizations, and individuals to advance the purposes of the Recreation Area; and (G) ensuring that management of the Recreation Area takes into consideration— (i) local ordinances and land-use plans; and (ii) adjacent residents and property owners; (4) make recommendations to the Secretary regarding the appointment of members to the Advisory Council; and (5) carry out any other actions necessary to achieve the purposes of this subtitle. (e) Authorities Subject to approval by the Secretary, for the purposes of preparing and implementing the management plan, the Partnership may use Federal funds made available under this section— (1) to make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with, or provide grants or technical assistance to, the State, political subdivisions of the State, nonprofit organizations, Federal agencies, and other interested parties; (3) to hire and compensate staff; (4) to obtain funds or services from any source, including funds and services provided under any other Federal law or program; (5) to contract for goods or services; and (6) to support activities of partners and any other activities that— (A) advance the purposes of the Recreation Area; and (B) are in accordance with the management plan. (f) Terms of office; reappointment; vacancies (1) Terms A member of the Partnership shall be appointed for a term of 3 years. (2) Reappointment A member may be reappointed to serve on the Partnership on the expiration of the term of service of the member. (3) Vacancy A vacancy on the Partnership shall be filled in the same manner in which the original appointment was made. (g) Quorum (1) In general 11 members of the Partnership shall constitute a quorum. (2) No effect on operations The operations of the Partnership shall not be impaired by the fact that a member has not yet been appointed if a quorum has been attained under paragraph (1). (h) Chairperson; procedures The Partnership shall— (1) select a chairperson from among the members of the Partnership; and (2) establish such rules and procedures as the Partnership considers to be necessary or desirable. (i) Service without compensation A member of the Partnership shall serve without compensation. (j) Duties and authorities of secretary (1) In general The Secretary shall convene the Partnership on a regular basis to carry out this subtitle. (2) Technical and financial assistance The Secretary may provide to the Partnership or any member of the Partnership, on a reimbursable or nonreimbursable basis, such technical and financial assistance as the Secretary determines to be appropriate to carry out this subtitle. (3) Cooperative agreements The Secretary may enter into a cooperative agreement with the Partnership, a member of the Partnership, or any other public or private entity to provide technical, financial, or other assistance to carry out this subtitle. (4) Construction of facilities on non-federal land (A) In general To facilitate the administration of the Recreation Area, the Secretary may, subject to valid existing rights, construct administrative or visitor use facilities on land owned by a nonprofit organization, local agency, or other public entity in accordance with this subtitle and applicable law (including regulations). (B) Additional requirements A facility under this paragraph may only be developed— (i) with the consent of the owner of the non-Federal land; and (ii) in accordance with applicable Federal, State, and local laws (including regulations) and plans. (5) Priority The Secretary shall give priority to actions that— (A) conserve the significant natural, historic, cultural, and scenic resources of the Recreation Area; and (B) provide educational, interpretive, and recreational opportunities consistent with the purposes of the Recreation Area. (k) Committees The Partnership shall establish— (1) a Water Technical Advisory Committee to advise the Secretary regarding water-related issues relating to the Recreation Area; and (2) a Public Safety Advisory Committee to advise the Secretary regarding public safety issues relating to the Recreation Area. 319. Visitor services and facilities (a) Visitor services (1) Purpose The purpose of this subsection is to facilitate the development of an integrated visitor services plan to improve visitor experiences in the Recreation Area through— (A) expanded recreational opportunities; and (B) increased interpretation, education, resource protection, and enforcement. (2) Visitor services plan (A) In general Not later than 3 years after the date of enactment of this Act, the Secretary shall develop and carry out an integrated visitor services plan for the Recreation Area in accordance with this paragraph. (B) Contents The visitor services plan shall— (i) assess current and anticipated future visitation to the Recreation Area, including recreation destinations; (ii) consider the demand for various types of recreation (including hiking, picnicking, horseback riding, and the use of motorized and mechanized vehicles), as permissible and appropriate; (iii) evaluate— (I) the impacts of recreation on natural and cultural resources, water rights and water resource facilities, public roads, adjacent residents and property owners, and utilities within the Recreation Area; and (II) the effectiveness of current enforcement efforts; (iv) assess the current level of interpretive and educational services and facilities; (v) include recommendations— (I) to expand opportunities for high-demand recreational activities, in accordance with the purposes described in section 311; (II) to better manage Recreation Area resources and improve the experience of Recreation Area visitors through— (aa) expanded interpretive and educational services and facilities; and (bb) improved enforcement; and (III) to better manage Recreation Area resources to reduce negative impacts on the environment, ecology, and integrated water management activities in the Recreation Area; (vi) in coordination and consultation with affected owners of non-Federal land, assess options to incorporate recreational opportunities on non-Federal land into the Recreation Area— (I) in a manner consistent with the purposes and uses of the non-Federal land; and (II) with the consent of the non-Federal landowner; (vii) assess opportunities to provide recreational opportunities that connect with adjacent National Forest System land; and (viii) be developed and carried out in accordance with applicable Federal, State, and local laws and ordinances. (C) Consultation In developing the visitor services plan, the Secretary shall— (i) consult with— (I) the Partnership; (II) the Advisory Council; (III) appropriate State and local agencies; and (IV) interested nongovernmental organizations; and (ii) involve members of the public. (b) Visitor use facilities (1) In general The Secretary may construct visitor use facilities in the Recreation Area. (2) Requirements Each facility under paragraph (1) shall be developed in accordance with applicable Federal, State, and local— (A) laws (including regulations); and (B) plans. (c) Donations (1) In general The Secretary may accept and use donated funds, property, in-kind contributions, and services to carry out this subtitle. (2) Prohibition Nothing in paragraph (1) permits the Secretary to accept non-Federal land that has been acquired after the date of enactment of this Act through the use of eminent domain. (d) Cooperative agreements In carrying out this subtitle, the Secretary may make grants to, or enter into cooperative agreements with, units of State, Tribal, and local governments and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the management of, and visitation to, the Recreation Area. B San Gabriel Mountains 321. Definitions In this subtitle: (1) Secretary The term Secretary means the Secretary of Agriculture. (2) Wilderness area or addition The term wilderness area or addition means any wilderness area or wilderness addition designated by section 323(a). 322. National Monument Boundary Modification (a) In general The San Gabriel Mountains National Monument established by Presidential Proclamation 9194 ( 54 U.S.C. 320301 note) (referred to in this section as the Monument ) is modified to include the approximately 109,167 acres of additional National Forest System land depicted as the Proposed San Gabriel Mountains National Monument Expansion on the map entitled Proposed San Gabriel Mountains National Monument Expansion and dated June 26, 2019. (b) Administration The Secretary shall administer the Monument (including the land added to the Monument by subsection (a)), in accordance with— (1) Presidential Proclamation 9194 ( 54 U.S.C. 320301 note); (2) the laws generally applicable to the Monument; and (3) this subtitle. (c) Management plan Not later than 3 years after the date of enactment of this Act, the Secretary shall consult with the State, local governments, and interested members of the public to update the San Gabriel Mountains National Monument Plan to provide management direction and protection for the land added to the Monument by subsection (a). 323. Designation of Wilderness Areas and Additions (a) Designation In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), the following parcels of National Forest System land in the State are designated as wilderness and as components of the National Wilderness Preservation System: (1) Condor peak wilderness Certain Federal land in the Angeles National Forest, comprising approximately 8,207 acres, as generally depicted on the map entitled Condor Peak Wilderness—Proposed and dated June 6, 2019, which shall be known as the Condor Peak Wilderness . (2) San gabriel wilderness additions Certain Federal land in the Angeles National Forest, comprising approximately 2,032 acres, as generally depicted on the map entitled San Gabriel Wilderness Additions and dated June 6, 2019, which is incorporated in, and considered to be a part of, the San Gabriel Wilderness designated by Public Law 90–318 ( 16 U.S.C. 1132 note; 82 Stat. 131). (3) Sheep mountain wilderness additions Certain Federal land in the Angeles National Forest, comprising approximately 13,726 acres, as generally depicted on the map entitled Sheep Mountain Wilderness Additions and dated June 6, 2019, which is incorporated in, and considered to be a part of, the Sheep Mountain Wilderness designated by section 101(a)(29) of the California Wilderness Act of 1984 ( 16 U.S.C. 1132 note; Public Law 98–425 ; 98 Stat. 1623). (4) Yerba buena wilderness Certain Federal land in the Angeles National Forest, comprising approximately 6,694 acres, as generally depicted on the map entitled Yerba Buena Wilderness—Proposed and dated June 6, 2019, which shall be known as the Yerba Buena Wilderness . (b) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the wilderness areas and additions with— (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 of law The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description. (3) Public availability The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. 324. Administration of Wilderness Areas and Additions (a) In general Subject to valid existing rights, the wilderness areas and additions shall be administered by the Secretary in accordance with this section and the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (b) Fire management and related activities (1) In general The Secretary may carry out such activities in a wilderness area or addition as are necessary for the control of fire, insects, or diseases in accordance with— (A) section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ); and (B) House Report 98–40 of the 98th Congress. (2) Funding priorities Nothing in this subtitle limits funding for fire or fuels management in a wilderness area or addition. (3) Revision and development of local fire management plans As soon as practicable after the date of enactment of this Act, the Secretary shall amend, as applicable, any local fire management plan that applies to a wilderness area or addition. (4) Administration In accordance with paragraph (1) and any other applicable Federal law, to ensure a timely and efficient response to a fire emergency in a wilderness area or addition, the Secretary shall— (A) not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and (B) enter into agreements with appropriate State or local firefighting agencies. (c) Grazing The grazing of livestock in a wilderness area or addition, if established before the date of enactment of this Act, shall be administered in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) the guidelines contained in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (d) Fish and wildlife (1) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this subtitle affects the jurisdiction or responsibility of the State with respect to fish or wildlife on public land in the State. (2) Management activities (A) In general In support of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq.), the Secretary may conduct any management activity that the Secretary determines to be necessary to maintain or restore a fish or wildlife population or habitat in a wilderness area or addition, if the activity is conducted in accordance with— (i) applicable wilderness management plans; and (ii) appropriate policies, such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405). (B) Inclusions A management activity under subparagraph (A) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks. (C) Existing activities In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and other appropriate policies (such as the policies established in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405)), the State may use aircraft (including helicopters) in a wilderness area or addition to survey, capture, transplant, monitor, or provide water for a wildlife population, including bighorn sheep. (e) Buffer zones (1) In general Nothing in this subtitle establishes any protective perimeter or buffer zone around a wilderness area or addition. (2) Activities or uses up to boundaries The fact that a nonwilderness activity or use can be seen or heard from within a wilderness area or addition shall not preclude the activity or use up to the boundary of the wilderness area or addition. (f) Military activities Nothing in this title precludes— (1) low-level overflights of military aircraft over a wilderness area or addition; (2) the designation of a new unit of special airspace over a wilderness area or addition; or (3) the use or establishment of a military flight training route over a wilderness area or addition. (g) Horses Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, a wilderness area or addition— (1) in accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ); and (2) subject to such terms and conditions as the Secretary determines to be necessary. (h) Law enforcement Nothing in this subtitle precludes any law enforcement or drug interdiction effort within a wilderness area or addition, in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.). (i) Withdrawal Subject to valid existing rights, the wilderness areas and additions are withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral materials and geothermal leasing laws. (j) Incorporation of acquired land and interests Any land within the boundary of a wilderness area or addition that is acquired by the United States shall— (1) become part of the wilderness area or addition in which the land is located; and (2) be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq.), and any other applicable law (including regulations). (k) Climatological data collection In accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in a wilderness area or addition if the Secretary determines that the device and access to the device is essential to a flood warning, flood control, or water reservoir operation activity. (l) Authorized event The Secretary may authorize the Angeles Crest 100 competitive running event to continue in substantially the same manner in which the event was operated and permitted in 2015 within the land added to the Sheep Mountain Wilderness by section 323(a)(3) and the Pleasant View Ridge Wilderness Area designated by section 1802(8) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 1132 note; Public Law 111–11 ; 123 Stat. 1054), if the event is authorized and conducted in a manner compatible with the preservation of the areas as wilderness. 325. Designation of Wild and Scenic Rivers (a) Designation Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as amended by section 205(a)) is amended by adding at the end the following: (272) East Fork San Gabriel River, California The following segments of the East Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes: (A) The 10-mile segment from the confluence of the Prairie Fork and Vincent Gulch to 100 yards upstream of the Heaton Flats trailhead and day use area, as a wild river. (B) The 2.7-mile segment from 100 yards upstream of the Heaton Flats trailhead and day use area to 100 yards upstream of the confluence with Williams Canyon, as a recreational river. (273) North Fork San Gabriel River, California The 4.3-mile segment of the North Fork San Gabriel River from the confluence with Cloudburst Canyon to 0.25 miles upstream of the confluence with the West Fork San Gabriel River, to be administered by the Secretary of Agriculture as a recreational river. (274) West Fork San Gabriel River, California The following segments of the West Fork San Gabriel River, to be administered by the Secretary of Agriculture in the following classes: (A) The 6.7-mile segment from 0.25 miles downstream of its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to the confluence with the unnamed tributary 0.25 miles downstream of the power lines in sec. 22, T. 2 N., R. 11 W., as a recreational river. (B) The 1.6-mile segment of the West Fork from 0.25 miles downstream of the powerlines in sec. 22, T. 2 N., R. 11 W., to the confluence with Bobcat Canyon, as a wild river. (275) Little Rock Creek, California The following segments of Little Rock Creek and tributaries, to be administered by the Secretary of Agriculture in the following classes: (A) The 10.3-mile segment from its source on Mt. Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream of the confluence with the South Fork Little Rock Creek, as a wild river. (B) The 6.6-mile segment from 100 yards upstream of the confluence with the South Fork Little Rock Creek to the confluence with Santiago Canyon, as a recreational river. (C) The 1-mile segment of Cooper Canyon Creek from 0.25 miles downstream of Highway 2 to 100 yards downstream of Cooper Canyon Campground, as a scenic river. (D) The 1.3-mile segment of Cooper Canyon Creek from 100 yards downstream of Cooper Canyon Campground to the confluence with Little Rock Creek, as a wild river. (E) The 1-mile segment of Buckhorn Creek from 100 yards downstream of the Buckhorn Campground to its confluence with Cooper Canyon Creek, as a wild river. . (b) Water resource facilities; water use (1) Water resource facilities (A) Definitions In this paragraph: (i) Water resource facility The term water resource facility means— (I) an irrigation or pumping facility; (II) a dam or reservoir; (III) a flood control facility; (IV) a water conservation works (including a debris protection facility); (V) a sediment placement site; (VI) a rain gauge or stream gauge; (VII) a water quality facility; (VIII) a recycled water facility or water pumping, conveyance, or distribution system; (IX) a water storage tank or reservoir; (X) a water treatment facility; (XI) an aqueduct, canal, ditch, pipeline, well, hydropower project, or transmission or other ancillary facility; (XII) a groundwater recharge facility; (XIII) a water filtration plant; and (XIV) any other water diversion, conservation, storage, or carriage structure. (ii) Wild and scenic river segment The term wild and scenic river segment means a component of the national wild and scenic rivers system designated by paragraph (272), (273), (274), or (275) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by subsection (a)). (B) No effect on existing water resource facilities Nothing in this section alters, modifies, or affects— (i) the use, operation, maintenance, repair, construction, destruction, reconfiguration, expansion, relocation, or replacement of a water resource facility downstream of a wild and scenic river segment, subject to the condition that the physical structures of such a facility or reservoir shall not be located within the wild and scenic river segment; or (ii) access to a water resource facility downstream of a wild and scenic river segment. (C) No effect on new water resource facilities Nothing in this section precludes the establishment of a new water resource facility (including instream sites, routes, and areas) downstream of a wild and scenic river segment. (2) Limitation Any new reservation of water or new use of water pursuant to existing water rights held by the United States to advance the purposes of the National Wild and Scenic Rivers Act ( 16 U.S.C. 1271 et seq.) shall be for nonconsumptive instream use only within the wild and scenic river segments (as defined in paragraph (1)(A)). (3) Existing law Nothing in this section affects the implementation of the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.). 326. Water rights (a) Statutory construction Nothing in this title, and no action carried out pursuant to this title— (1) constitutes an express or implied reservation of any water or water right, or authorizes an expansion of water use pursuant to existing water rights held by the United States, with respect to— (A) the San Gabriel Mountains National Monument; (B) the wilderness areas and additions; and (C) the components of the national wild and scenic rivers system designated by paragraphs (272), (273), (274), and (275) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by section 325(a)) and land adjacent to the components; (2) affects, alters, modifies, or conditions any water right in the State in existence on the date of enactment of this Act, including any water rights held by the United States; (3) establishes a precedent with respect to any designation of wilderness or wild and scenic rivers after the date of enactment of this Act; (4) affects, alters, or modifies the interpretation of, or any designation, decision, adjudication, or action carried out pursuant to, any other Act; or (5) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among or between the State and any other State. (b) State water law The Secretary shall comply with applicable procedural and substantive requirements under State law to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to— (1) the San Gabriel Mountains National Monument; (2) the wilderness areas and additions; and (3) the components of the national wild and scenic rivers system designated by paragraphs (272), (273), (274), and (275) of section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) (as added by section 325(a)). | https://www.govinfo.gov/content/pkg/BILLS-117s1459is/xml/BILLS-117s1459is.xml |
117-s-1460 | II 117th CONGRESS 1st Session S. 1460 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Booker (for himself, Mr. Markey , Mr. King , Mr. Wyden , Mr. Blumenthal , Mr. Sanders , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Telecommunications Act of 1996 to preserve and protect the ability of State and local governments, public-private partnerships, and cooperatives to provide broadband services.
1. Short title This Act may be cited as the Community Broadband Act of 2021 . 2. State, local, public-private partnership, and co-op broadband services Section 706 of the Telecommunications Act of 1996 ( 47 U.S.C. 1302 ) is amended— (1) by redesignating subsection (d) as subsection (e); (2) by inserting after subsection (c) the following: (d) State, local, public-Private partnership, and co-Op advanced telecommunications capability and services (1) In general No statute, regulation, or other legal requirement of a State may prohibit or have the effect of prohibiting any public provider, public-private partnership provider, or cooperatively organized provider from providing, to any person or public or private entity, advanced telecommunications capability or any service that utilizes the advanced telecommunications capability provided by that provider. (2) Antidiscrimination safeguards (A) Public providers To the extent any public provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, the public provider shall apply its ordinances and rules without discrimination in favor of— (i) the public provider; or (ii) any entity owned by the public provider that provides services that utilize advanced telecommunications capability. (B) Public-private partnership providers To the extent any State or local entity that is part of a public-private partnership provider regulates competing private providers of advanced telecommunications capability or services that utilize advanced telecommunications capability, the State or local entity shall apply its ordinances and rules without discrimination in favor of— (i) the public-private partnership provider; or (ii) any entity owned by the State or local entity or public-private partnership provider that provides services that utilize advanced telecommunications capability. (3) Savings clause Nothing in this subsection shall exempt a public provider, public-private partnership provider, or cooperatively organized provider from any Federal or State telecommunications law or regulation that applies to all providers of advanced telecommunications capability or services that utilize such advanced telecommunications capability. ; and (3) in subsection (e), as redesignated— (A) in the matter preceding paragraph (1), by striking this subsection and inserting this section ; (B) by redesignating paragraph (2) as paragraph (3); (C) by inserting after paragraph (1) the following: (2) Cooperatively organized provider The term cooperatively organized provider means an entity that is treated as a cooperative under Federal tax law and that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity. ; and (D) by adding at the end the following: (4) Public provider The term public provider means a State or local entity that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity. (5) Public-private partnership provider The term public-private partnership provider means a public-private partnership, between a State or local entity and a private entity, that provides advanced telecommunications capability, or any service that utilizes such advanced telecommunications capability, to any person or public or private entity. (6) State or local entity The term State or local entity means— (A) a State or political subdivision thereof; (B) any agency, authority, or instrumentality of a State or political subdivision thereof; or (C) an Indian Tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) )). . | https://www.govinfo.gov/content/pkg/BILLS-117s1460is/xml/BILLS-117s1460is.xml |
117-s-1461 | II 117th CONGRESS 1st Session S. 1461 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Booker (for himself, Mr. Blumenthal , Mr. Markey , Ms. Smith , Mr. Padilla , Mrs. Feinstein , Mr. Merkley , Mr. Wyden , Ms. Duckworth , Mr. Sanders , Mr. Van Hollen , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a program to award grants to entities that provide transportation connectors from critically underserved urban communities and rural communities to green spaces.
1. Short title This Act may be cited as the Transit to Trails Act . 2. Transit to trails grant program (a) Definitions In this section: (1) Community of color The term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (A) Black. (B) African American. (C) Asian. (D) Pacific Islander. (E) Other non-White race. (F) Hispanic. (G) Latino. (2) Critically underserved community The term critically underserved community means— (A) a community that can demonstrate to the Secretary that the community has inadequate, insufficient, or no park space or recreation facilities, including by demonstrating— (i) quality concerns relating to the available park space or recreation facilities; (ii) the presence of recreational facilities that do not serve the needs of the community; or (iii) the inequitable distribution of park space for high-need populations, based on income, age, or other measures of vulnerability and need; (B) a community in which at least 50 percent of the population is not located within 1/2 mile of park space; (C) an environmental justice community; and (D) any other community that the Secretary determines to be appropriate. (3) Disproportionate burden of adverse human health or environmental effects The term disproportionate burden of adverse human health or environmental effects means a situation where there exists higher or more adverse human health or environmental effects on communities of color, low-income communities, and Tribal and Indigenous communities. (4) Eligible entity The term eligible entity means— (A) a State; (B) a political subdivision of a State (including a city or a county) that represents or otherwise serves an urban area or a rural area; (C) a special purpose district (including a park district); (D) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )) that represents or otherwise serves an urban area or a rural area; or (E) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code). (5) 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 experience, or is at risk of experiencing, a disproportionate burden of adverse human health or environmental effects. (6) Low-income community The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household 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. (7) Program The term program means the Transit to Trails Grant Program established under subsection (b)(1). (8) Rural area The term rural area means a community that is not an urban area. (9) Secretary The term Secretary means the Secretary of Transportation. (10) Transportation connector (A) In general The term transportation connector means a system that— (i) connects 2 zip codes or communities within a 175-mile radius of a designated service area; and (ii) offers rides available to the public. (B) Inclusions The term transportation connector includes microtransits, bus lines, bus rails, light rail, rapid transits, or personal rapid transits. (11) Urban area The term urban area means a community that— (A) is densely developed; (B) has residential, commercial, and other nonresidential areas; and (C) (i) is an urbanized area with a population of 50,000 or more; or (ii) is an urban cluster with a population of— (I) not less than 2,500; and (II) not more than 50,000. (b) Grant program (1) Establishment The Secretary shall establish a grant program, to be known as the Transit to Trails Grant Program , under which the Secretary shall award grants to eligible entities for— (A) projects that develop transportation connectors or routes in or serving, and related culturally and linguistically appropriate education materials for, critically underserved communities to increase access and mobility to Federal or non-Federal public land, inland and coastal waters, parkland, or monuments; or (B) projects that facilitate transportation improvements to enhance access to Federal or non-Federal public land and recreational opportunities in critically underserved communities. (2) Administration (A) In general The Secretary shall administer the program to assist eligible entities in the development of transportation connectors or routes in or serving, and related culturally and linguistically appropriate education materials for, critically underserved communities and Federal or non-Federal public land, inland and coastal waters, parkland, and monuments. (B) Joint partnerships The Secretary shall encourage joint partnership projects under the program, if available, among multiple agencies, including school districts, nonprofit organizations, metropolitan planning organizations, regional transportation authorities, transit agencies, and State and local governmental agencies (including park and recreation agencies and authorities) to enhance investment of public sources. (C) Annual grant project proposal solicitation, review, and approval (i) In general The Secretary shall— (I) annually solicit the submission of project proposals for grants from eligible entities under the program; and (II) review each project proposal submitted under subclause (I) on a timeline established by the Secretary. (ii) Required elements for project proposal A project proposal submitted under clause (i)(I) shall include— (I) a statement of the purposes of the project; (II) the name of the entity or individual with overall responsibility for the project; (III) a description of the qualifications of the entity or individuals identified under subclause (II); (IV) a description of— (aa) staffing and stakeholder engagement for the project; (bb) the logistics of the project; and (cc) anticipated outcomes of the project; (V) a proposed budget for the funds and time required to complete the project; (VI) information regarding the source and amount of matching funding available for the project; (VII) information that demonstrates the clear potential of the project to contribute to increased access to parkland for critically underserved communities; and (VIII) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under the program. (iii) Consultation; approval or disapproval The Secretary shall, with respect to each project proposal submitted under this subparagraph, as appropriate— (I) consult with the government of each State in which the proposed project is to be conducted; (II) after taking into consideration any comments resulting from the consultation under subclause (I), approve or disapprove the proposal; and (III) provide written notification of the approval or disapproval to— (aa) the individual or entity that submitted the proposal; and (bb) each State consulted under subclause (I). (D) Priority To the extent practicable, in determining whether to approve project proposals under the program, the Secretary shall prioritize projects that— (i) are designed to increase access and mobility to local or neighborhood Federal or non-Federal public land, inland and coastal waters, parkland, monuments, or recreational opportunities; (ii) use low- or zero-emission vehicles; (iii) provide free or discounted rates for low-income riders of transportation connectors; (iv) provide opportunities for youth engagement; (v) give employment preference to individuals living in the community in which the project is carried out; (vi) are carried out in— (I) a community of color; (II) a low-income community; (III) a Tribal or Indigenous community; or (IV) a rural community; (vii) would capitalize on existing established public-private partnerships; and (viii) comply with applicable provisions of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). (3) Transportation planning procedures (A) Procedures In consultation with the head of each appropriate Federal land management agency, the Secretary shall develop, by rule, transportation planning procedures for projects conducted under the program that are consistent with metropolitan and statewide planning processes. (B) Requirements All projects carried out under the program shall be developed in cooperation with States and metropolitan planning organizations. (4) ADA compliance The Secretary shall ensure that all new transportation connectors and routes developed under the program are accessible to people with disabilities in accordance with accessibility specifications for transportation vehicles under the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.). (5) Stakeholder engagement In carrying out the program, the Secretary shall— (A) meaningfully engage with relevant stakeholders, particularly— (i) impacted community members; (ii) transportation partners; (iii) existing potential passengers of the transportation connectors; (iv) Indian Tribes and Tribal representatives; and (v) faith-based and community-based organizations; and (B) ensure that the input of the stakeholders described in subparagraph (A) is central to the determination of new transportation connectors and routes. (6) Non-Federal contributions (A) In general The Federal share of the cost of an eligible project provided a grant under the program shall not exceed 80 percent. (B) Non-Federal share The non-Federal share of the cost of an eligible project provided a grant under the program may be in the form of in-kind contributions. (7) Eligible uses Grant funds provided under the program may be used— (A) to develop transportation connectors or routes in or serving, and related culturally and linguistically appropriate education materials for, critically underserved communities to increase access and mobility to Federal and non-Federal public land, inland and coastal waters, parkland, and monuments; and (B) to create or significantly enhance access to Federal or non-Federal public land and recreational opportunities in an urban area or a rural area. (8) Grant amount A grant provided under the program shall be— (A) not less than $25,000; and (B) not more than $500,000. (9) Technical assistance It is the intent of Congress that grants provided under the program deliver project funds to areas of greatest need while offering technical assistance to all applicants and potential applicants for grant preparation to encourage full participation in the program. (10) Public information The Secretary shall ensure that current schedules and routes for transportation systems developed after the receipt of a grant under the program are available to the public, including on a website maintained by the recipient of a grant. (c) Reporting requirement (1) Reports by grant recipients The Secretary shall require a recipient of a grant under the program to submit to the Secretary at least 1 performance and financial report that— (A) includes— (i) demographic data on communities served by the project; and (ii) a summary of project activities conducted after receiving the grant; and (B) describes the status of each project funded by the grant as of the date of the report. (2) Additional reports In addition to the report required under paragraph (1), the Secretary may require additional reports from a recipient, as the Secretary determines to be appropriate, including a final report. (3) Deadlines The Secretary shall establish deadlines for the submission of each report required under paragraph (1) or (2). (d) Authorization of appropriations There are authorized to be appropriated to carry out this section— (1) $10,000,000 for each of fiscal years 2022 and 2023; (2) $20,000,000 for each of fiscal years 2024 and 2025; and (3) $40,000,000 for fiscal year 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1461is/xml/BILLS-117s1461is.xml |
117-s-1462 | II 117th CONGRESS 1st Session S. 1462 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Cassidy (for himself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to simplify the generic drug application process.
1. Short title This Act may be cited as the Simplifying the Generic Drug Application Process Act . 2. Submission for suitability Subparagraph (C) of section 505(j)(2) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(2) ) is amended to read as follows: (C) Submission for suitability determinations (i) In general A person may submit an abbreviated application for a new drug that has a different dosage form or strength from that of a listed drug. (ii) Secretary's determination on submission The Secretary shall approve or disapprove the submission of such an abbreviated application during the course of its determination whether to receive the application pursuant to section 314.101 of title 21, Code of Federal Regulations (or any successor regulations). (iii) Approval of submission The Secretary shall approve the submission of such an abbreviated application, provided the application is otherwise determined to be eligible to be received, unless the Secretary finds that— (I) clinical investigations are required to be conducted to show the safety and effectiveness of the drug or of any of its dosage forms or strengths which differ from the listed drug; or (II) any of the proposed changes from the listed drug would jeopardize the safe or effective use of the product so as to necessitate significant labeling changes to address the newly introduced safety or effectiveness problem. (iv) Disapproval of submission If the Secretary disapproves the submission of an abbreviated application under this subparagraph, the application shall be considered not to have been received within the meaning of paragraph (5)(A). . | https://www.govinfo.gov/content/pkg/BILLS-117s1462is/xml/BILLS-117s1462is.xml |
117-s-1463 | II 117th CONGRESS 1st Session S. 1463 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Cassidy (for himself and Ms. Smith ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Federal Food, Drug, and Cosmetic Act to modernize therapeutic equivalence rating determinations.
1. Short title This Act may be cited as the Modernizing Therapeutic Equivalence Rating Determination Act . 2. Therapeutic equivalence determinations Section 505(j)(7)(A) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7)(A) ) is amended by adding at the end the following: (v) (I) The Secretary shall make a determination under clause (i)(III)— (aa) with respect to an application submitted under this subsection, at the time of approval of such application or not later than 30 days after the date of such approval; or (bb) with respect to an application submitted under subsection (b)(2), at the time of approval of such application or not later than 30 days after the date of such approval, provided that the sponsor requests such a determination in the original application, in a form prescribed by the Secretary. (II) When the Secretary makes a determination under clause (i)(III), the Secretary shall, in revisions made to the list pursuant to clause (ii), include such information for such drug. (III) When the Secretary makes a determination under clause (i)(III) with respect to a drug, the Secretary shall, at the same time, make such a determination with respect to any other drug— (aa) whose application under subsection (b)(2) was approved; (bb) which references the same listed drug as the application for the first drug for which such determination is made; and (cc) for which there is a citizen petition pending requesting that the Secretary make a determination under clause (i)(III). . | https://www.govinfo.gov/content/pkg/BILLS-117s1463is/xml/BILLS-117s1463is.xml |
117-s-1464 | II 117th CONGRESS 1st Session S. 1464 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Scott of South Carolina (for himself and Mr. Manchin ) 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 direct the Secretary of Education to develop a plain language disclosure form for borrowers of Federal student loans, and for other purposes.
1. Short title This Act may be cited as the Student Loan Disclosure Modernization Act . 2. Additional disclosures Section 433(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1083(a) ) is amended— (1) in paragraph (4), by striking the origination fee and and inserting finance charges, the origination fee, and the ; (2) by redesignating paragraphs (6) through (19) as paragraphs (7) through (20), respectively; and (3) by inserting after paragraph (5), the following: (6) the annual percentage rate applicable to the loan, taking into account— (A) the amount of the loan; (B) the stated interest rate of the loan; (C) the standard term for a loan of the same type; (D) any fees or additional costs associated with the loan; and (E) any capitalization of interest on the loan; . 3. Plain language disclosure form Section 455(p) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(p) ) is amended— (1) by striking Each institution and inserting the following: (1) In general Each institution ; and (2) by adding at the end the following: (2) Plain language disclosure form (A) Development and issuance of form Not later than 18 months after the date of the enactment of this paragraph, the Secretary shall, based on consumer testing, develop and issue a model form to be known as the Plain Language Disclosure Form that shall be used by institutions and contractors described in paragraph (1) to comply with the disclosure requirements of such paragraph. (B) Format The Secretary shall ensure that the Plain Language Disclosure Form— (i) enables borrowers to easily identify the information required to be disclosed under section 433(a) with respect to a loan and loan repayment options (including income-based and income contingent repayment), with emphasis on the loan terms determined by the Secretary to be critical to understanding the total costs of the loan and the estimated monthly repayment; (ii) has a clear format and design, including easily readable font; and (iii) is as succinct as practicable. (C) Consultation In developing the Plain Language Disclosure Form, the Secretary shall, as appropriate, consult with— (i) the Federal Reserve Board; (ii) institutions and contractors described in paragraph (1); (iii) borrowers of loans under this part; and (iv) other organizations involved in the provision of financial assistance to students, as identified by the Secretary. (3) Electronic system for compliance In carrying out paragraph (2), the Secretary shall develop and implement an electronic system that may be used by institutions and contractors described in paragraph (1) to generate a Plain Language Disclosure Form for each borrower by— (A) enabling institutions and contractors to enter personalized loan request information electronically; (B) integrating appropriate data found in the National Student Loan Data System; and (C) generating and integrating personalized borrower information. (4) Limit on liability Nothing in this subsection shall be construed to create a private right of action against an institution or contractor described in paragraph (1) with respect to the form or electronic system developed under this paragraph. (5) Borrower signature required Beginning after the issuance of the Plain Language Disclosure Form by the Secretary under paragraph (2), a loan may not be issued to a borrower under this part unless the borrower acknowledges, in writing (which may include an electronic signature), that the borrower has read the Plain Language Disclosure Form for the loan concerned. (6) Consumer testing defined In this subsection, the term consumer testing means the solicitation of feedback from individuals, including borrowers and prospective borrowers of loans under this part (as determined by the Secretary), about the usefulness of different methods of disclosing material terms of loans on the Plain Language Disclosure Form to maximize borrowers’ understanding of the terms and conditions of such loans. . 4. Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary of Education shall submit to Congress a report that includes a description of the methods and procedures used to develop the Plain Language Disclosure Form required under section 455(p)(2) of the Higher Education Act of 1965 (as added by section 3 of this Act). | https://www.govinfo.gov/content/pkg/BILLS-117s1464is/xml/BILLS-117s1464is.xml |
117-s-1465 | II 117th CONGRESS 1st Session S. 1465 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Cantwell (for herself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a competitive grant program for highway-rail grade crossing improvement projects.
1. Short title This Act may be cited as the Railroad Crossing Elimination Act . 2. Railroad Crossing Elimination Program (a) In general Chapter 229 of title 49, United States Code, is amended by adding at the end the following: 22909. Railroad Crossing Elimination Program (a) In general The Secretary of the Transportation, in cooperation with the Administrator of the Federal Railroad Administration, shall establish a competitive grant program (referred to in this section as the Program ) under which the Secretary shall award grants to eligible recipients described in subsection (c) for highway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. (b) Goals The goals of the Program are— (1) to eliminate highway-rail grade crossings that are frequently blocked by trains; (2) to improve the health and safety of communities; (3) to reduce the impacts that freight movement and railroad operations may have on underserved communities; and (4) to improve the mobility of people and goods. (c) Eligible recipients The following entities are eligible to receive a grant under this section: (1) A State, including the District of Columbia, Puerto Rico, and other United States territories and possessions. (2) A political subdivision of a State. (3) A federally recognized Indian Tribe. (4) A unit of local government or a group of local governments. (5) A public port authority, including inland ports. (6) A metropolitan planning organization. (7) A group of entities described in any of paragraphs (1) through (6). (d) Eligible projects The Secretary may award a grant under the Program for a highway-rail or pathway-rail grade crossing improvement project (including acquiring real property interests) involving— (1) grade separation or closure, including through the use of a bridge or a tunnel; (2) track relocation; (3) the improvement or installation of protective devices, signals, signs, or other measures to improve safety if it is related to a separation or relocation project described in paragraph (1) or (2); (4) other means intended to improve the mobility of people and goods at highway-rail grade crossings (including technological solutions); (5) a group of related projects described in paragraphs (1) through (4) that would collectively improve freight mobility; or (6) the planning and design of an eligible project described in paragraphs (1) through (5). (e) Application process (1) In general An eligible entity desiring a grant under the Program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Railroad approvals (A) In general Except as provided in subparagraph (B), the Secretary shall require applicants to obtain the necessary approvals from any impacted rail carriers or right-of-way owners before proceeding with the construction of a project funded by a grant under the Program. (B) Exception The requirement under subparagraph (A) shall not apply to planning projects described in subsection (d)(6) if the applicant agrees to work collaboratively with rail carriers and right-of-way owners. (f) Project selection criteria (1) In general In awarding grants under the Program, the Secretary shall evaluate the extent to which proposed projects would— (A) improve safety at highway-rail or pathway-rail grade crossings; (B) improve the mobility of people and goods; (C) reduce emissions, protect the environment, and provide community benefits, including noise reduction; (D) improve access to emergency services; (E) provide economic benefits; and (F) improve access to communities separated by rail crossings. (2) Additional considerations In awarding grants under the Program, the Secretary shall consider— (A) the degree to which the proposed project will— (i) use innovative technologies; (ii) use innovative design and construction techniques; or (iii) use construction materials that reduce greenhouse gas emissions; (B) the applicant’s planned use of contracting incentives to employ local labor, to the extent permissible under Federal statutes and regulations; (C) whether the proposed project improves the mobility of— (i) multiple modes of transportation, including ingress and egress from freight facilities; or (ii) users of nonvehicular modes of transportation, such as pedestrians, bicyclists, and public transportation; (D) whether the proposed project is identified in— (i) the freight investment plan component of a State freight plan, as required under section 70202(b)(9) of title 49, United States Code; (ii) a State rail plan prepared under chapter 227; or (iii) a State highway-rail grade crossing action plan, as required under section 11401(b) of the FAST Act ( 49 U.S.C. 22501 note); and (E) the level of financial support provided by impacted rail carriers. (3) Award distribution In selecting grants for Program funds in any fiscal year, the Secretary shall comply with the following limitations: (A) Grant funds Not less than 20 percent of the grant funds available for the Program in any fiscal year shall be reserved for projects located in rural areas or on tribal lands. The requirement under section 22907(l) of title 49, United States Code, shall not apply to grant funds reserved under this subparagraph. (B) Planning grants Not less than 25 percent of the grant funds set aside for planning projects in any fiscal year pursuant to subsection (k)(2) shall be awarded for projects located in rural areas or on tribal lands. (C) State limitation Not more than 20 percent of the grant funds available for the Program in any fiscal year may be selected for projects in any single State. (D) Minimum size No grant awarded under this section shall be for less than $1,000,000. (g) Cost share (1) In general Except as provided in paragraph (2), the Federal share of the cost of a project carried out using a grant under the Program may not exceed 80 percent of the total cost of the project. Applicants may count costs incurred for preliminary engineering associated with highway-rail and pathway-rail grade crossing improvement projects as part of the total project costs. (2) Planning projects The Federal share of the cost of a planning project described in subsection (d)(6) may be 100 percent of the total cost of the project. (h) Congressional notification Not later than 3 days before awarding a grant for a project under the Program, the Secretary shall submit written notification of the proposed grant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives , which notification shall include— (1) a summary of the project; and (2) the amount of the proposed grant award. (i) Defined term In this section, the term rural area means any area that is not in an urbanized area, as defined by the Bureau of the Census. (j) Annual report Not later than 60 days after each round of award notifications, the Secretary shall post, on the public website of the Department of Transportation, a list of— (1) all eligible applicants that submitted an application for funding under the Program during such fiscal year; (2) the grant recipients and projects that received grant funding under the Program during such fiscal year; and (3) a list of proposed projects and applicants that were determined to be ineligible. (k) Authorization of appropriations (1) In general There is authorized to be appropriated $500,000,000 in each of the fiscal years 2022 through 2026 to carry out the Program. (2) Planning projects set aside Not less than 3 percent of the amount appropriated for the Program in each fiscal year shall be used for planning projects described in subsection (d)(6). (3) Administrative costs Not more than 2 percent of the amount appropriated for the Program in each fiscal year may be used for administrative costs. . (b) Clerical amendment The table of sections in chapter 229 of title 49, United States Code, is amended by adding at the end the following: 22909. Railroad Crossing Elimination Program. . | https://www.govinfo.gov/content/pkg/BILLS-117s1465is/xml/BILLS-117s1465is.xml |
117-s-1466 | II 117th CONGRESS 1st Session S. 1466 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Merkley (for himself, Ms. Rosen , and Mr. Romney ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To authorize the Director of the United States Geological Survey to establish a regional program to assess, monitor, and benefit the hydrology of saline lakes in the Great Basin and the migratory birds and other wildlife dependent on those habitats, and for other purposes.
1. Short title This Act may be cited as the Saline Lake Ecosystems in the Great Basin States Program Act of 2021 . 2. Saline Lake Ecosystems in the Great Basin States Assessment and Monitoring Program (a) Definitions In this section: (1) Program The term Program means the Saline Lake Ecosystems in the Great Basin States Assessment and Monitoring Program established under subsection (b). (2) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (b) Establishment The Secretary shall establish a Saline Lake Ecosystems in the Great Basin States Assessment and Monitoring Program to assess and monitor the hydrology of saline lake ecosystems in the Great Basin and the migratory birds and other wildlife that depend on those ecosystems to inform and support coordinated management and conservation actions to benefit those ecosystems, migratory birds, and other wildlife. (c) Work and implementation plan (1) In general Under the Program, the Secretary, in coordination with the Director of the United States Fish and Wildlife Service and the entities described in paragraph (2), shall establish a multiyear work and implementation plan to assess, monitor, and conserve saline lake ecosystems in the Great Basin and the migratory birds and other wildlife that depend on those ecosystems. (2) Coordinating entities The entities referred to in paragraph (1) include— (A) Federal, State, Tribal, and local agencies; (B) institutions of higher education; (C) nonprofit organizations; and (D) other local stakeholders. (3) Inclusions The work and implementation plan established under paragraph (1) shall include— (A) a synthesis of available information, literature, and data, and an assessment of scientific and informational needs, relating to— (i) water quantity, water quality, water use, and water demand; (ii) migratory bird and other wildlife populations, habitats, and ecology; (iii) annual lifecycle needs of migratory birds; and (iv) environmental changes and other stressors, including climatic stressors; (B) a description of how the plan should be implemented to address the scientific and informational needs described in subparagraph (A), including proposed activities, such as monitoring, data infrastructure needs, and development of tools necessary to implement the Program; (C) recommendations and a cost assessment for the implementation of the plan; and (D) such other matters as the Secretary determines to be appropriate. (4) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the work and implementation plan established under paragraph (1). (d) Implementation The Secretary shall implement the Program based on the information, findings, and recommendations contained in the work and implementation plan established under subsection (c). (e) Cooperative agreements and grants Using such sums as the Secretary considers to be appropriate of amounts made available for each fiscal year under subsection (g), the Secretary may enter into cooperative funding agreements with, or provide grants to, entities described in subsection (c)(2) for the purposes of— (1) participating in developing, or providing information to inform the development of, the work and implementation plan under subsection (c); (2) carrying out assessments and monitoring of water quality, quantity, use, and demand under the Program; and (3) carrying out ecological, biological, and avian assessments and monitoring under the Program. (f) Effect The work and implementation plan established under subsection (c)(1) shall not affect— (1) any interstate water compacts in existence on the date of enactment of this Act, including full development of any apportionment made in accordance with those compacts; (2) valid and existing water rights in any State located wholly or partially within the Great Basin; (3) water rights held by the United States in the Great Basin; and (4) the management and operation of Bear Lake or Stewart Dam, including the storage, management, and release of water. (g) Authorization of appropriations There is authorized to be appropriated to carry out the Program $5,000,000 for each of fiscal years 2022 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s1466is/xml/BILLS-117s1466is.xml |
117-s-1467 | II 117th CONGRESS 1st Session S. 1467 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Tester (for himself and Mr. Sullivan ) 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 carry out a series of clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder, and for other purposes.
1. Short title This Act may be cited as the VA Medicinal Cannabis Research Act of 2021 . 2. Department of Veterans Affairs clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder (a) Clinical trials required (1) In general The Secretary of Veterans Affairs shall carry out a series of clinical trials on the effects of medical-grade cannabis on the health outcomes of covered veterans diagnosed with chronic pain and covered veterans diagnosed with post-traumatic stress disorder. (2) Required elements The clinical trials required by paragraph (1) shall include— (A) with respect to covered veterans diagnosed with chronic pain, an evaluation of the effects of the use of cannabis on— (i) osteopathic pain (including pain intensity and pain-related outcomes); (ii) the reduction or increase in opioid use or dosage; (iii) the reduction or increase in benzodiazepine use or dosage; (iv) the reduction or increase in alcohol use; (v) inflammation; (vi) sleep quality; (vii) agitation; and (viii) quality of life; (B) with respect to covered veterans diagnosed with post-traumatic stress disorder, an evaluation of the effects of the use of cannabis on— (i) the symptoms of post-traumatic stress disorder (PTSD) as established by or derived from the clinician administered PTSD scale, the PTSD checklist, the PTSD symptom scale, the post-traumatic diagnostic scale, and other applicable methods of evaluating symptoms of post-traumatic stress disorder; (ii) the reduction or increase in benzodiazepine use or dosage; (iii) the reduction or increase in alcohol use; (iv) mood; (v) anxiety; (vi) social functioning; (vii) agitation; (viii) suicidal ideation; and (ix) sleep quality, including frequency of nightmares and night terrors. (3) Optional elements The clinical trials required by paragraph (1) may include an evaluation of the effects of the use of cannabis to treat chronic pain and post-traumatic stress disorder on— (A) pulmonary function; (B) cardiovascular events; (C) head, neck, and oral cancer; (D) testicular cancer; (E) ovarian cancer; (F) transitional cell cancer; (G) intestinal inflammation; (H) motor vehicle accidents; (I) mania; (J) psychosis; (K) cognitive effects; (L) cannabinoid hyperemesis syndrome; (M) neuropathy; or (N) spasticity. (b) Long-Term observational study The Secretary may carry out a long-term observational study of the participants in the clinical trials required by subsection (a). (c) Type of cannabis (1) In general In carrying out the clinical trials required by subsection (a), the Secretary shall study varying forms of cannabis, including whole plant raw material and extracts. (2) Plant cultivars Of the varying forms of cannabis required under paragraph (1), the Secretary shall study not fewer than seven unique plant cultivars with ratios of tetrahydrocannabinol to cannabidiol in each of the following categories: (A) Less than 1:5. (B) Between 1:2 and 1:5. (C) Approximately 1:2. (D) Approximately 1:1. (E) Approximately 2:1. (F) Between 2:1 and 5:1. (G) More than 5:1. (d) Use of control and experimental groups The clinical trials required by subsection (a) shall include both a control group and an experimental group that shall— (1) be of similar size and structure; and (2) represent the demographics of the veteran population, as determined by the most recent data from the American Community Survey of the Bureau of the Census that is available prior to the commencement of the clinical trials. (e) Data preservation The clinical trials required by subsection (a) shall include a mechanism to ensure the preservation of all data, including all data sets, collected or used for purposes of such trials in a manner that will facilitate further research. (f) Implementation Not later than 180 days after the date of the enactment of this Act, the Secretary shall— (1) develop a plan to implement this section and submit such plan to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives; and (2) issue any requests for proposals the Secretary determines appropriate for such implementation. (g) Effect on other benefits The eligibility or entitlement of a covered veteran to any other benefit under the laws administered by the Secretary or any other provision of law shall not be affected by the participation of the covered veteran in a clinical trial under subsection (a) or a study under subsection (b). (h) Periodic reports During the five-year period beginning on the date of the enactment of this Act, the Secretary shall submit periodically, but not less frequently than annually, to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives reports on the implementation of this section. (i) Covered veteran defined In this section, the term covered veteran means a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-117s1467is/xml/BILLS-117s1467is.xml |
117-s-1468 | II 117th CONGRESS 1st Session S. 1468 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Tester (for himself and Mr. Moran ) 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 expand the Rural Access Network for Growth Enhancement Program of the Department of Veterans Affairs and to direct the Comptroller General of the United States to conduct a study to assess certain mental health care resources of the Department of Veterans Affairs available to veterans who live in rural areas.
1. Short title This Act may be cited as the Sgt. Ketchum Rural Veterans Mental Health Act of 2021 . 2. Definitions In this Act: (1) The term covered mental health care means mental health care that is more intensive than traditional outpatient therapy. (2) The term PRR center means a psychosocial rehabilitation and recovery center of the Department of Veterans Affairs. (3) The term RANGE Program means the Rural Access Network for Growth Enhancement Program of the Department of Veterans Affairs. (4) The term rural veteran means a veteran who lives in a rural or highly rural area (including such an area in a Tribal or insular area), as determined through the use of the Rural-Urban Commuting Areas coding system of the Department of Agriculture. 3. Expansion of Rural Access Network for Growth Enhancement Program of the Department of Veterans Affairs (a) Expansion The Secretary of Veterans Affairs shall establish and maintain three new centers of the RANGE Program. (b) Locations The centers established under subsection (a) shall be located in areas determined by the Secretary based on— (1) the need for additional mental health care for rural veterans in such areas; and (2) interest expressed by personnel at facilities of the Department of Veterans Affairs in such areas. (c) Timeline The Secretary shall establish the centers under subsection (a) during fiscal year 2022. (d) Funding There is authorized to be appropriated to the Secretary $1,200,000 for each of fiscal years 2022 through 2024 to carry out this section. 4. Comptroller General study on mental health care furnished by the Secretary of Veterans Affairs to rural veterans (a) Study required (1) In general The Comptroller General of the United States shall conduct a study to assess whether the Department of Veterans Affairs has sufficient resources to serve rural veterans who need covered mental health care. (2) Elements The study required under paragraph (1) shall include an assessment of— (A) whether the mental health care furnished by the Secretary through resources including the RANGE Program, Enhanced RANGE Program, mental health residential rehabilitation treatment programs, inpatient mental health services, and PRR centers is sufficient to meet the covered mental health care needs of rural veterans; (B) how best to expand and to appropriately locate mental health resources described in subparagraph (A); (C) whether to require the establishment of a PRR center at a medical facility of the Department that serves 1,000 or more veterans who are on the National Psychosis Registry; (D) the demand by rural veterans for mental health resources specified in subparagraph (A); (E) the average wait time for a rural veteran for mental health resources specified in subparagraph (A); and (F) during the term of the study, how many rural veterans died by suicide or overdose while on a wait list for mental health resources specified in subparagraph (A). (b) Report required Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans ’Affairs of the House of Representatives a report containing the results of the study conducted under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1468is/xml/BILLS-117s1468is.xml |
117-s-1469 | II 117th CONGRESS 1st Session S. 1469 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mrs. Feinstein (for herself, Mr. Portman , and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the McKinney-Vento Homeless Assistance Act to meet the needs of homeless children, youth, and families, and honor the assessments and priorities of local communities.
1. Short title This Act may be cited as the Homeless Children and Youth Act of 2021 . 2. Amendments to the McKinney-Vento Homeless Assistance Act (a) In general The McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 et seq.) is amended— (1) in section 103 ( 42 U.S.C. 11302 )— (A) in subsection (a)— (i) in paragraph (5)(A)— (I) by striking are sharing and all that follows through charitable organizations, ; (II) by striking 14 days each place that term appears and inserting 30 days ; (III) in clause (i), by inserting or after the semicolon; (IV) by striking clause (ii); and (V) by redesignating clause (iii) as clause (ii); and (ii) by amending paragraph (6) to read as follows: (6) a child or youth defined as homeless under any other Federal program who, without further action by the Department of Housing and Urban Development, has been verified as homeless under any other Federal program by the director, designee of the director, or other person responsible for the implementation of a program established under this Act or any other Federal statute. ; (B) in subsection (b), by striking fleeing and all that follows through the period at the end and inserting the following: experiencing or has experienced domestic violence, dating violence, sexual assault, stalking, or human trafficking, or other dangerous or life threatening conditions, which has made it unsafe to remain in their current housing or caused homelessness. ; and (C) by adding at the end the following: (f) Other definitions In this section— (1) the term child or youth defined as homeless under any other Federal program has the meaning given the term in section 401; and (2) the term other Federal statute has the meaning given the term in section 401. (g) Rule of construction If the Secretary of Housing and Urban Development promulgates rules, issues guidance, or sets forth conditions in any application, notice of funding availability, or other publication or advisory regarding the provisions of this Act, the Secretary shall ensure that— (1) any individual defined as homeless under subsection (a) or (b) is eligible for any program or program component under this Act; and (2) all individuals defined as homeless under subsection (a) proposed to be served by an applicant, and all proposed program components or housing or service models, are given the same priority, points, or weight. ; (2) in section 401 ( 42 U.S.C. 11360 )— (A) in paragraph (1)(C)— (i) by striking clauses (ii) and (iv); (ii) by redesignating clauses (iii), (v), (vi), and (vii) as clauses (ii), (iii), (iv), and (v), respectively; and (iii) by striking the flush text following clause (v), as so redesignated; (B) in paragraph (2)(A)— (i) in clause (i), by striking and lives and all that follows through shelter and inserting under any provision of section 103 ; (ii) in clause (ii), by striking and living or residing in a place not meant for human habitation, a safe haven, or in an emergency shelter continuously and inserting under any provision of section 103 ; and (iii) in clause (iii)— (I) by striking (or a minor head of household if no adult is present in the household) and inserting or a minor head of household (if no adult is present in the household), ; and (II) by inserting before the period at the end the following: , or has child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ), or an infant or toddler with a disability, as defined in section 632 of such Act ( 20 U.S.C. 1432 ) ; (C) by striking paragraph (7); (D) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively; (E) by inserting after paragraph (1) the following: (2) Child or youth defined as homeless under any other Federal program The term child or youth defined as homeless under any other Federal program means— (A) a homeless child or youth, as defined in section 725, including any parent or guardian with whom the child or youth is living; and (B) a youth who— (i) is not more than 24 years of age; (ii) cannot live safely with a parent, legal guardian, or relative; and (iii) has no other safe alternative living arrangement. ; (F) in paragraph (9)(A), by inserting any provision of before section 103 ; (G) by redesignating paragraphs (14) through (33) as paragraphs (15) through (34), respectively; (H) by inserting after paragraph (13) the following: (14) Other Federal statute The term other Federal statute includes— (A) the Runaway and Homeless Youth Act ( 42 U.S.C. 5701 et seq.); (B) the Head Start Act ( 42 U.S.C. 9831 et seq.); (C) the Child Care and Development Block Grant of 1990 ( 42 U.S.C. 9858 et seq.); (D) subtitle N of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e et seq.); (E) section 330(h) of the Public Health Service Act ( 42 U.S.C. 254b(h) ); (F) section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (G) the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.); and (H) the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq.). ; (I) in paragraph (32), as so redesignated, by inserting children under 5 years of age, youth and young adults between 14 and 24 years of age, after status, or age), ; (J) in paragraph (33), as so redesignated, by inserting trafficking, after victims of ; and (K) in paragraph (34), as so redesignated— (i) by inserting victims of trafficking, after assist ; (ii) by striking stalking victims and inserting stalking ; and (iii) by inserting trafficking, after concerning ; (3) in section 402(f) ( 42 U.S.C. 11360a(f) )— (A) in paragraph (1)(B), by inserting considering the prevalence and needs of homeless individuals, as defined under any provision of section 103 after involved ; and (B) in paragraph (3)(D)— (i) in clause (v), by striking and at the end; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: (vi) the submission of HMIS data to the Secretary on at least an annual basis; and ; (4) by inserting after section 408 ( 42 U.S.C. 11364 ) the following: 409. Availability of HMIS data (a) In general The community-wide homeless management information system (in this section referred to as HMIS ) data provided to the Secretary under section 402(f)(3)(D)(vi) shall be made publically available on the internet website of the Department of Housing and Urban Development. (b) Required data The data publically available under subsection (a) shall be updated on at least an annual basis and shall include— (1) a cumulative count of the number of homeless individuals and families, as defined under any provision of section 103; (2) a cumulative assessment of the patterns of assistance provided under subtitles B and C for each geographic area involved; (3) a count of the number of homeless individuals and families, as defined under any provision of section 103, that are documented through the HMIS by each collaborative applicant; and (4) a count of the number of homeless women, as defined under any provision of section 103 and both unaccompanied and accompanied, including a breakout of the count by— (A) age range; (B) disability; and (C) length of time experiencing homelessness. ; (5) in section 422 ( 42 U.S.C. 11382 )— (A) in subsection (c)(1)(B), by striking establish and inserting demonstrate local, needs-based ; and (B) by striking subsection (j) and inserting the following: (j) Rule of construction In awarding grants under subsection (a) and releasing a notification of funding availability under subsection (b), the Secretary shall— (1) without further action by the Department of Housing and Urban Development, ensure that any individual defined as homeless under any provision of section 103 is eligible for any program or program component under this Act; (2) ensure that homeless populations proposed to be served by the applicant, and proposed program components or housing or service models, are not awarded different priority, points, or weight; and (3) ensure that scoring is based primarily on the extent to which the applicant demonstrates that the project and program components— (A) would meet the priorities identified in the plan submitted under section 427(b)(1)(B); and (B) are cost-effective in meeting the overall goals and objectives identified in that plan. ; (6) in section 424(d) ( 42 U.S.C. 11384(d) ), by striking paragraph (5); (7) in section 425(c) ( 42 U.S.C. 11385(c) ), by striking and (G) providing and inserting (G) providing transportation to employment, early care and education programs, career and technical education programs, and health and mental health care services, and (H) providing ; (8) in section 426(b) ( 42 U.S.C. 11386(b) )— (A) in paragraph (4), by amending subparagraph (D) to read as follows: (D) in the case of programs providing housing or services to families or youth, they will designate a staff person to be responsible for ensuring that children and youth being served in the program are— (i) enrolled in school and connected to appropriate services in the community, including Head Start, services provided under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.), programs authorized under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.), career and technical education, and services provided by local educational agency liaisons designated under subtitle B of title VII of this Act; and (ii) in the case of an unaccompanied youth, as defined in section 725, informed of their status as an independent student under section 480 of the Higher Education Act of 1965 ( 20 U.S.C. 1087vv ) and receive verification of such status for purposes of the Free Application for Federal Student Aid described in section 483 of such Act ( 20 U.S.C. 1090 ); and ; (B) in paragraph (6), by inserting the actual compliance with the certifications required under paragraph (4) and after Secretary ; and (C) in paragraph (7)— (i) by inserting and youth after needs of children ; (ii) by inserting or unaccompanied youth after when families ; (iii) by inserting and unaccompanied youth after with children ; and (iv) by striking such children's and inserting such children and youth's ; (9) in section 427(b) ( 42 U.S.C. 11386a(b) )— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (vi), by adding and at the end; (II) in clause (vii), by striking and at the end; and (III) by striking clause (viii); (ii) in subparagraph (B)— (I) by amending clause (iii) to read as follows: (iii) how the recipient will collaborate with local educational agencies, early care and education programs, and institutions of higher education to assist in the identification of and services to youth and families who become or remain homeless, including the steps the recipient will take to inform youth and families of their eligibility for services under part B of subtitle VII of this Act, the Head Start Act ( 42 U.S.C. 9831 et seq.), the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq.), and the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq.); ; and (II) by striking clause (v) and inserting the following: (v) how the recipient will ensure the full implementation of the certifications and agreements described in paragraphs (4)(D) and (7) of section 426(b); ; (iii) in subparagraph (C)(i), by inserting and appropriate after rapid ; and (iv) by striking subparagraphs (F) and (G) and inserting the following: (F) for communities that establish and operate a centralized or coordinated assessment system, the extent to which that system— (i) ensures that individuals who are most in need of assistance receive it in a timely manner; (ii) in assessing need under clause (i), uses separate, specific, age-appropriate criteria for assessing the safety and needs of children under 5 years of age, school-age children, unaccompanied youth and young adults between 14 and 24 years of age, and families that are unrelated to the criteria through which an individual qualifies as homeless under section 103; (iii) is accessible to unaccompanied youth and homeless families; (iv) diverts individuals to safe, stable, age-appropriate accommodations; and (v) includes affordable housing developers, youth service providers, early childhood programs, local educational agencies, and mental health organizations; and (G) such other factors as the Secretary determines to be appropriate to carry out this subtitle in an effective and efficient manner, except that such factors may not have the effect of prioritizing or weighting, unless justified by local data or information contained in a plan submitted under subparagraph (B)— (i) any service with respect to a specific subpopulation of homeless individuals over another; or (ii) any program component or housing or service model over another. ; and (B) by amending paragraph (3) to read as follows: (3) Homelessness counts The Secretary shall require that communities that conduct an annual count of homeless people shall count all homeless individuals identified and reported by any program funded under any provision of this Act or any other Federal statute. ; (10) in section 428 ( 42 U.S.C. 11386b )— (A) in subsection (a)(1)— (i) by striking disabilities and and inserting disabilities, ; and (ii) by inserting , and homeless families where a child has a disability before the period at the end; (B) in subsection (d)— (i) in paragraph (1), by inserting promoting before independent ; and (ii) by striking paragraphs (2) and (3) and inserting the following: (2) Prohibition The Secretary shall not provide bonuses or other incentives under paragraph (1) that have the effect of prioritizing or weighting, unless justified by local data or information contained in a plan submitted under section 427(b)(1)(B)— (A) any service with respect to a specific subpopulation of homeless individuals over another; or (B) any program component or housing or service model over another. (3) Rule of construction For purposes of this subsection, activities that have been proven to be effective at reducing homelessness generally or reducing homelessness for a specific subpopulation include any activity determined by the Secretary, after providing notice and an opportunity for public comment, to have been proven effective at— (A) reducing homelessness generally; (B) reducing homelessness for a specific subpopulation; (C) reducing homelessness in a community for populations overrepresented in any counts conducted in that community under section 427(b)(3); or (D) achieving homeless prevention, reducing recidivism, and promoting self-sufficiency and independent living. (4) Encouraging local success and innovation In providing bonuses or incentives under paragraph (1), the Secretary shall seek to encourage the implementation of proven strategies and innovation in reducing homelessness among the local priority populations identified in the plan submitted by an applicant under section 427(b)(1)(B). The Secretary shall not implement bonuses or incentives that promote a national priority established by the Secretary. ; and (C) by striking subsection (e); and (11) by amending section 434 ( 42 U.S.C. 11388 ) to read as follows: 434. Reports to Congress (a) In general The Secretary shall submit to Congress an annual report, which shall— (1) summarize the activities carried out under this subtitle and set forth the findings, conclusions, and recommendations of the Secretary as a result of the activities; (2) include, for the year preceding the date on which the report is submitted— (A) data required to be made publically available in the report under section 409; (B) data on programs funded under any other Federal statute; and (3) provide information on— (A) the extent to which the data collected under section 427(b)(3) may be duplicative; and (B) the policies and practices employed to account for such duplication, where applicable, to ensure an accurate point-in-time count. (b) Timing A report under subsection (a) shall be submitted not later than 4 months after the end of each fiscal year. . (b) Technical and conforming amendment The table of contents in section 101(b) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 note) is amended by inserting after the item relating to section 408 the following: Sec. 409. Availability of HMIS data. . | https://www.govinfo.gov/content/pkg/BILLS-117s1469is/xml/BILLS-117s1469is.xml |
117-s-1470 | II 117th CONGRESS 1st Session S. 1470 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Casey (for himself, Ms. Klobuchar , Mr. Wyden , Mr. Brown , Ms. Duckworth , Mr. Blumenthal , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to increase voting accessibility for individuals with disabilities and older individuals, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Accessible Voting Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purpose. TITLE I—Election Assistance Commission Office of Accessibility Sec. 101. Establishment of the Election Assistance Commission Office of Accessibility. Sec. 102. National Resource Center on Accessible Voting. Sec. 103. Establishment of national voter accessibility website. TITLE II—State requirements and payments Sec. 201. Establishment and maintenance of State accessible election websites. Sec. 202. Designation of single State office. Sec. 203. Transparency regarding changes. Sec. 204. Access to absentee voter registration procedures and no-excuse absentee voting for all voters. Sec. 205. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 206. Protections for individuals subject to guardianship. Sec. 207. Payments to States for implementation of accessibility requirements. Sec. 208. Technical and conforming amendments relating to issuance of voluntary guidance and enforcement. TITLE III—Federal assistance Sec. 301. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities and older individuals. Sec. 302. Study and report on accessible voting options. Sec. 303. Appointments to EAC Board of Advisors. Sec. 304. Removal of limitation on use of funds for participation of protection and advocacy systems in litigation related to election-related disability access. Sec. 305. Funding for protection and advocacy systems. 2. Findings; purpose (a) Findings Congress finds the following: (1) Since its founding, America has steadily worked to ensure the right to vote for all through State law, Federal law, and constitutional amendments. (2) Almost a quarter of the electorate will be 65 years old or older in 2020. (3) Of the 37,000,000 voting age individuals with disabilities in America, an estimated 14,300,000 citizens with disabilities reported voting in the November 2018 election. (4) Older individuals who have been lifelong voters and who now find it difficult to leave their home often cannot vote in person. (5) Despite Federal laws requiring fully accessible voting places, barriers to vote for people with disabilities and older individuals still exist. (6) In 2016 only 40 percent of polling places were architecturally accessible and only 45 percent of voting booths were accessible. (7) Combining deficiencies in architectural and voting booth access, only 17 percent of polling places could be considered fully accessible in 2016. (8) People with disabilities voted at a rate of 4.7 percent less than non-disabled individuals in 2016. (9) In 2017, the Native American Voting Rights Coalition found that the distance needed to travel to polling locations and drop off boxes for absentee ballots greatly affected the ability of Native Americans to cast ballots. (10) The National Congress of American Indians found that the turnout rate for Native Americans and Alaska Native registered voters is between 5 to 14 percent lower than turnout rates of other racial and ethnic groups. (11) According to the United States Census Bureau, there are nearly 26,000,000 individuals in the United States with limited English proficiency and more than 66,000,000 who speak a language other than English at home. Americans with limited English proficiency can face challenges when attempting to register to vote and cast a ballot. (12) A strong legislative focus on the needs of older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language is necessary to remove obstacles to vote and ensure they can exercise their right to vote. (b) Purpose The purpose of this Act is to improve access for older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language to register to vote and to cast a ballot by— (1) providing States and local governments with resources to improve accessibility when registering to vote, voting by absentee, and casting a ballot in person; and (2) expanding Federal oversight and support to ensure greater accessibility to State voting systems. I Election Assistance Commission Office of Accessibility 101. Establishment of the Election Assistance Commission Office of Accessibility (a) In general Subtitle A of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 ) is amended by adding at the end the following new part: 4 Election Assistance Commission Office of Accessibility 223. Election Assistance Commission Office of Accessibility (a) Establishment There is hereby established the Election Assistance Commission Office of Accessibility (hereinafter in this part referred to as the Office of Accessibility ). (b) Duties The Office of Accessibility shall— (1) serve as the effective and visible advocate on behalf of voters with access needs, including older individuals, individuals with disabilities, Native Americans, Alaska Native citizens, and individuals with limited proficiency in the English language— (A) within the Election Assistance Commission and with other departments and agencies of the Federal Government regarding all Federal policies affecting such individuals; and (B) in the States to promote the enhanced accessibility of voting systems and compliance with this Act and other Federal law and regulations; (2) ensure State and local election officials are taking steps to maintain voting systems that meet Department of Justice accessibility standards; (3) if the Director of the Office of Accessibility finds that a State has not taken steps to meet such standards, refer the finding to the Department of Justice for enforcement; (4) evaluate State proposals to expand voter accessibility in order to meet the requirements of sections 304 through 309; (5) ensure State and local governments meet the requirements of sections 304 through 309 (relating to accessible election websites and other accessibility requirements), including through referral to the Attorney General for action under section 401 as appropriate; (6) administer and evaluate payments to States for the establishment and maintenance of accessible election websites under section 297; (7) establish and operate the National Resource Center on Accessible Voting under section 224; (8) establish the national voter accessibility website under section 225; (9) collect and disseminate information related to challenges experienced by older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language when registering to vote or casting a ballot; and (10) recommend policies and priorities to improve the accessibility of State voter registration systems, voting systems, the casting of ballots, and the application for and casting of absentee ballots. (c) Objectives The Office of Accessibility shall have the following primary objectives: (1) Educating State and local election officials on the challenges faced by older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language when voting, and teaching evidence-based strategies for overcoming those challenges. (2) Educating State and local election officials regarding the needs of individuals with disabilities and older individuals. (3) Providing educational resources in plain language to older individuals and individuals with disabilities on their rights and resources when registering to vote and voting. (4) Providing translated educational resources for Native Americans, Alaska Natives, and individuals with limited proficiency in the English language on their rights and resources when registering to vote and voting. (5) Studying potential improvements and providing strategies that State and local election officials may implement, and encouraging the enactment of State or local laws as necessary for such implementation, with the goal of— (A) ensuring that individuals with disabilities and older individuals are provided the opportunity to cast a private and independent ballot in person in an election for Federal office, including— (i) identification of barriers to in-person voting and strategies for remediating architectural, attitudinal, transportation, and other barriers to accessible in-person voting; (ii) strategies to reduce adversely long wait times for casting ballots; (iii) alternative options to cast a ballot on the day of an election, such as providing the option to cast a ballot outside of the polling place or from a vehicle; (iv) strategies and criteria to create expedited voting lines for those needing such service; or (v) the ability for an individual who cannot physically wait in line to exit the line without losing their place; (B) ensuring that individuals with disabilities and older individuals are provided the opportunity to cast a private and independent absentee ballot, including— (i) ensuring the process for requesting and securing an absentee ballot is accessible to individuals with disabilities and older individuals; (ii) ensuring the process for submitting an absentee ballot is accessible to individuals with disabilities and older individuals; and (iii) ensuring the process for marking an absentee ballot is accessible to individuals with disabilities and older individuals; and (C) implementing policies that encourage more individuals with disabilities and older individuals to serve as poll workers, including permitting shorter shifts to accommodate individuals who cannot work a full Election Day. (6) Promoting research into the use of accessible ballot marking devices and educating State and local election officials on the secure use of accessible ballot marking devices. (d) Director of accessibility (1) In general The Office of Accessibility shall be headed by a Director of Accessibility (referred to in this part as the Director ) who shall be appointed by the Executive Director of the Election Assistance Commission. (2) Term of service for the director The Director shall serve for a term of 4 years. The term of the first individual appointed to the position of Director shall end on January 3, 2026, and the term of each individual appointed for a full term to the position of Director thereafter shall end on January 3 of each fourth year thereafter. (3) Procedure for appointment (A) In general On the date that is 6 months prior to the date on which a vacancy is scheduled to occur in the position of the Director or the date on which the Director submits a Letter of Resignation, the Election Assistance Commission Standards Board and Election Assistance Commission Board of Advisors under part 2 of this subtitle (hereafter in this part referred to as the Standards Board and the Board of Advisors , respectively), shall each appoint a search committee to recommend at least three nominees for the position. (B) Requiring consideration of nominees The Executive Director of the Election Assistance Commission shall consider the nominees recommended by the Standards Board and the Board of Advisors in appointing the Director. (4) Procedure for reappointment (A) In general The Director may be reappointed for one or more additional full terms if the Standards Board and the Board of Advisors recommends such reappointment. (B) Timing of recommendation The Standards Board and the Board of Advisors may recommend such reappointment for an additional term before the date on which the current term of the Director expires, but not more than 3 months before such date. (5) Continuation in office An individual serving in the position of Director at the end of the term of the individual as Director may continue to serve until a successor is appointed. (e) Deputy director (1) In general There shall be a Deputy Director of the Office who shall— (A) be appointed by the Director; (B) perform such duties as may be assigned by the Director; and (C) during the absence or incapacity of the Director or during a vacancy in that office, act as the Director. (2) Term The term of an individual appointed to the position of Deputy Director shall end on the date on which the term of the Director appointing the Deputy Director ends. (3) Continuation in office An individual serving in the position of Deputy Director at the end of the term of the individual as Deputy Director may continue to serve until a successor is appointed. (f) Other staff Subject to rules prescribed by the Commission, the Director may appoint and fix the pay of such additional personnel as the Director considers appropriate. (g) Reports to Congress Not later than 2 years after the date of enactment of this part, and every 2 years thereafter, the Director shall submit to Congress a report describing the activities carried out under this part during the period since the last report was submitted under this subsection. (h) Definitions In this part, the term accessible , individual with a disability , older individual , and State have the meaning given those terms in section 304. (i) Authorization There are authorized to be appropriated to the Office of Accessibility to carry out the provisions of this part $500,000 for each of fiscal years 2022 and 2023 and such sums as may be necessary for each succeeding year. . (b) Conforming amendments (1) Conforming amendment to duties of EAC Section 202 of the Help America Vote Act of 2002 ( 52 U.S.C. 20922 ) is amended— (A) in paragraph (5), by striking and at the end; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (7) establishing the Election Assistance Commission Office of Accessibility under section 223. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 222 the following new items: PART 4—Election Assistance Commission Office of Accessibility Sec. 223. Election Assistance Commission Office of Accessibility. . 102. National Resource Center on Accessible Voting (a) In general Part 4 of subtitle A of title II of the Help America Vote Act of 2002, as added by section 101, is amended by adding at the end the following new section: 224. National Resource Center on Accessible Voting (a) In general Not later than January 1, 2023, the Office of Accessibility shall, directly or by grant or contract with eligible entities described in subsection (d), establish and operate a National Resource Center on Accessible Voting (in this section referred to as the Center ). (b) Activities In order to address the unique challenges faced by older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language, the Center shall provide State and local election officials, poll workers, and volunteers with the information and technical assistance needed to effectively provide accessible voting, and ensure that older individuals, individuals with disabilities, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language are given an equivalent opportunity to vote, including with privacy and independence. The Center shall also identify barriers to accessible voting among these populations and propose solutions that States and localities can adopt. (c) Objectives The Center shall assist the Office of Accessibility in carrying out the primary objectives of the Office as described in section 223(c). (d) Eligible entities (1) In general To be eligible to receive a grant or contract under this subsection, an entity shall— (A) submit an application to the Office of Accessibility at such time, in such manner, and containing such information as the Office of Accessibility may reasonably require; and (B) meet the criteria described in paragraph (2). (2) Criteria described The criteria described in this paragraph, with respect to an entity, are that the entity— (A) has demonstrated expertise in working with organizations or individuals on issues affecting individuals with disabilities and older individuals; (B) has documented experience in providing training and technical assistance on a national basis or a formal relationship with an organization that has such experience; (C) partners with an organization that has demonstrated expertise in election security; and (D) meets such other criteria as determined appropriate by the Office of Accessibility. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section not less than $5,000,000 for fiscal year 2022 and each succeeding fiscal year. Amounts appropriated under the preceding sentence shall remain available until expended. (f) Operating standards and reporting requirements The Office of Accessibility shall develop and issue operating standards and reporting requirements for the Center. . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 223, as added by section 101(b)(2), the following new item: Sec. 224. National Resource Center on Accessible Voting. . 103. Establishment of national voter accessibility website (a) Purpose The purpose of this section is to create an accessible national website to provide support and information to State and local election officials, individuals with disabilities, and older individuals. (b) Establishment Part 4 of subtitle A of title II of the Help America Vote Act of 2002, as added by section 101 and amended by section 102, is amended by adding at the end the following new section: 225. Establishment of national voter accessibility website (a) In general The Office of Accessibility shall work with State and local election officials to collect data and administer a public national voter accessibility website to— (1) ensure individuals with disabilities and older individuals are provided easy access to clear and understandable voter information for each State, including— (A) a link to each State accessible election website as described in section 304; (B) information on voting timelines for each State, including deadlines to— (i) register to vote; (ii) update voter registration information; (iii) submit an application to run for elected office; (iv) apply for an absentee ballot; and (v) submit an absentee ballot; and (C) a plain language description of the voting laws of each State, including information on— (i) voter identification requirements; (ii) how to register to vote, update registration info, and confirm an individual is registered to vote in the State; (iii) the location and operating hours of polling places and the accessibility of polling places; (iv) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (v) the availability of aid or assistance from State and local agencies for individuals with disabilities or older individuals who are not able to travel to the polling place; (vi) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities and older individuals feel their ability to register to vote or vote has been blocked or delayed; and (vii) access to aging and disability support resources in the State, including— (I) protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )); and (II) information on how to obtain transportation to the polls from State or local agencies; and (2) provide a description of resources for local election officials to use in providing guidance to poll workers in order to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters. (b) Database (1) In general The Office of Accessibility shall maintain a database of complaints or grievances from individuals who feel their ability to register to vote or vote has been blocked or delayed, and the outcome of their complaints (as reported by States pursuant to section 297(d)). (2) Public availability The Office of Accessibility shall make such complaints and a description of the outcomes of such complaints available to the public, while maintaining the anonymity of any individual who submits a complaint. (3) Referral of complaints to Department of Justice The Office of Accessibility shall refer any complaints or grievances which violate Federal law to the Department of Justice. (c) Definitions In this section, the terms accessible , individual with a disability , older individual , and State have the meaning given those terms in section 304. . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 224, as added by section 102(b), the following new item: Sec. 225. Establishment of national voter accessibility website. . II State requirements and payments 201. Establishment and maintenance of State accessible election websites (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21018 et seq.) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306; and (2) by inserting after section 303 the following: 304. Establishment and maintenance of accessible election websites (a) In general Each State shall ensure their election websites are accessible and meet the following requirements: (1) Local election officials The website shall provide local election officials, poll workers, and volunteers with— (A) guidance to ensure that polling places are accessible for individuals with disabilities and older individuals in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (B) online training and resources on— (i) how best to promote the access and participation of individuals with disabilities and older individuals in elections for public office; and (ii) the voting rights and protections for individuals with disabilities and older individuals under State and Federal law. (2) Voters The website shall provide information about voting, including— (A) the accessibility of all polling places within the State, including outreach programs to inform individuals about the availability of accessible polling places; (B) how to register to vote and confirm voter registration in the State; (C) the location and operating hours of all polling places in the State; (D) the availability of aid or assistance for individuals with disabilities and older individuals to cast their vote in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters at polling places; (E) the availability of transportation aid or assistance to the polling place for individuals with disabilities or older individuals; (F) recent changes in State and Federal voting procedures that impact individuals with disabilities or older individuals; (G) the rights and protections under State and Federal law for individuals with disabilities and older individuals to participate in elections; and (H) how to contact State, local, and Federal officials with complaints or grievances if individuals with disabilities, older individuals, Native Americans, Alaska Natives, and individuals with limited proficiency in the English language feel their ability to register to vote or vote has been blocked or delayed. (b) Partnership with outside technical organization (1) In general The chief State election official of each State, through the committee of appropriate individuals under subsection (c)(2), shall partner with an outside technical organization with demonstrated experience in establishing accessible and easy to use accessible election websites to— (A) update an existing election website to make it fully accessible in accordance with this section; or (B) develop an election website that is fully accessible in accordance with this section. (2) In-house training Under such partnership, the outside technical organization shall also be required to provide training to in-house personnel of the State or units of local government to maintain and update election websites in an accessible manner. (c) State plan (1) Development The chief State election official of each State shall, through a committee of appropriate individuals as described in paragraph (2), develop a State plan that describes how the State and local governments will meet the requirements under this section. (2) Committee membership The committee shall comprise at least the following individuals: (A) The chief election officials of the four most populous jurisdictions within the State. (B) The chief election officials of the four least populous jurisdictions within the State. (C) Representatives from two disability advocacy groups, including at least one such representative who is an individual with a disability. (D) Representatives from two older individual advocacy groups, including at least one such representative who is an older individual. (E) Representatives from two independent non-governmental organizations with expertise in establishing and maintaining accessible websites. (F) Representatives from two independent non-governmental voting rights organizations. (G) Representatives from State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (d) Partnership To monitor and verify accessibility The chief State election official of each eligible State, through the committee of appropriate individuals under subsection (c)(2), shall partner with at least two of the following organizations to monitor and verify the accessibility of the election website and the completeness of the election information and the accuracy of the disability information provided on such website: (1) University Centers for Excellence in Developmental Disabilities Education, Research, and Services designated under section 151(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061(a) ). (2) Centers for Independent Living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq.). (3) A State Council on Developmental Disabilities described in section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15025 ). (4) State protection and advocacy systems as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (5) Statewide Independent Living Councils established under section 705 of the Rehabilitation Act of 1973 ( 29 U.S.C. 796d ). (6) State Assistive Technology Act Programs. (7) A visual access advocacy organization. (8) An organization for the deaf. (9) A mental health organization. (e) Definitions In this subtitle: (1) Accessible The term accessible means— (A) in the case of the election website under subsection (a) or section 225, or an electronic communication under section 307— (i) that the functions and content of the website or electronic communication, including all text, visual, and aural content, are as accessible to people with disabilities as to those without disabilities; (ii) that the functions and content of the website or electronic communication are accessible to individuals with limited proficiency in the English language; and (iii) that the website or electronic communication meets, at a minimum, conformance to Level AA of the Web Content Accessibility Guidelines 2.0 of the Web Accessibility Initiative (or any successor guidelines); and (B) in the case of a facility (including a polling place), that the facility is readily accessible to and usable by individuals with disabilities and older individuals, as determined under the 2010 ADA Standards for Accessible Design adopted by the Department of Justice (or any successor standards). (2) Individual with a disability The term individual with a disability means an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ), and who is otherwise qualified to vote in elections for Federal office. (3) Older individual The term older individual means an individual who is 60 years of age or older and who is otherwise qualified to vote in elections for Federal office. (4) State The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (f) Effective date This section shall apply on or after January 1, 2023. . (b) Clerical amendments The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Establishment and maintenance of accessible election websites. . 202. Designation of single State office (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21018 et seq.), as amended by section 201, is amended— (1) by redesignating sections 305 and 306 as sections 306 and 307; and (2) by inserting after section 304 the following: 305. Designation of single State office to provide information for all individuals with disabilities and older individuals in the State (a) In general Each State shall designate a single office which shall be responsible for providing information with respect to Federal elections to all individuals with disabilities or older individuals. (b) Responsibilities Such office shall be responsible for the following: (1) Maintaining the accessible State election website as described in section 304. (2) Providing information regarding voter registration, absentee ballots, and in-person voting procedures to be used by individuals with disabilities and older individuals with respect to elections for Federal office. (3) Regularly auditing polling places to ensure they are accessible, as defined in section 304, and publicly posting the results of such audits no later than 6 months after the completion of the audit. (4) Providing information to State and local election officials on how to set up and operate accessible voting systems and information regarding the accessibility of voting procedures, including guidance on compatibility with assistive technologies such as screen readers and ballot marking devices. (5) Working with— (A) community members with disabilities and disability advocacy groups year round; and (B) older individuals and advocacy groups for older individuals year round. (6) Integrating information on accessibility, accommodations, disability, and older individuals into regular training materials for poll workers and election administration officials. (7) Training poll workers on how to make polling places accessible for individuals with disabilities and older individuals. (8) Promoting the hiring of individuals with disabilities and older individuals as poll workers and election staff. (c) Effective date This section shall apply on or after January 1, 2023. . (b) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 304, as added by section 201(b), the following: Sec. 305. Designation of single State office to provide information for all individuals with disabilities and older individuals in the State. . 203. Transparency regarding changes (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21018 et seq.), as amended by sections 201 and 202, is amended— (1) by redesignating sections 306 and 307 as sections 307 and 308; and (2) by inserting after section 305 the following: 306. Transparency regarding changes (a) Notice of enacted changes (1) In general If a State or political subdivision makes any change in any prerequisite to voting or standard, practice, or procedure with respect to voting in any election for Federal office that will result in the prerequisite, standard, practice, or procedure being different from that which was in effect as of the date that is 180 days before the election, the State or political subdivision must provide reasonable public notice in such State or political subdivision and on the accessible State election website as described in section 304, containing a concise description of the change, including the difference between the changed prerequisite, standard, practice, or procedure and the prerequisite, standard, practice, or procedure which was previously in effect. (2) Format The public notice described in paragraph (1) shall be provided in a format that is convenient and accessible to individuals with disabilities and older individuals. (3) Accessible email and mail notices (A) In general A State or political subdivision shall send out an accessible electronic mail or mail notice to any voter who request to be notified of any changes described in paragraph (1). (B) Establishment of process A State or political subdivision shall establish a process under which a voter may request to be notified of any such changes. (4) Deadline for notice A State or political subdivision shall provide the public notice required under paragraph (1) not later than 7 days after making the change involved. (b) Transparency regarding polling place resources (1) In general In order to identify any changes that may impact the right to vote of any individual, prior to the 30th day before the date of an election, each State or political subdivision with responsibility for allocating registered voters, voting machines, and official poll workers to particular precincts and polling places shall provide reasonable public notice in such State or political subdivision and on the accessible State election website as described in section 304, of the information described in paragraph (2) for precincts and polling places within such State or political subdivision. (2) Information described The information described in this paragraph with respect to a precinct or polling place is each of the following: (A) The name or number of the precinct or polling place. (B) In the case of a polling place, the location, including the street address, and confirmation that the polling place is accessible to individuals with disabilities and older individuals. (C) The number of voting machines assigned, including the number of voting machines accessible to individuals with disabilities and older individuals and the number of poll workers who have received training on how to set up and operate the accessible voting systems. (D) The total number of poll workers officially assigned to the polling place, including the number of such poll workers who have received training to assist individuals with disabilities and older individuals. (E) The number of official volunteer poll workers assigned who have received training to assist individuals with disabilities and older individuals. (F) In the case of a polling place, the dates and hours of operation. (3) Updates in information reported If a State or political subdivision makes any change in any of the information described in paragraph (2) with respect to which a notice is provided pursuant to paragraph (1), the State or political subdivision shall provide reasonable public notice in such State or political subdivision and on the accessible State election website as described in section 304, of the change in the information not later than 48 hours after the change occurs or, if the change occurs fewer than 48 hours before the date of the election for Federal office, as soon as practicable after the change occurs. (4) Format The public notice described in paragraph (1) or (3) shall be provided in a format that is reasonably convenient and accessible to individuals with disabilities and older individuals. (5) Accessible email and mail notices (A) In general A State or political subdivision shall send out an accessible electronic mail and mail notice to any voter who requests to be notified of any changes described in paragraph (1) and to the State protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )). (B) Establishment of process A State or political subdivision shall establish a process under which a voter may request to be notified of any such changes. (c) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2023. . (b) Clerical amendments The table of contents of such Act is amended by inserting after the item relating to section 305, as added by section 202(b), the following: Sec. 306. Transparency regarding changes. . 204. Access to absentee voter registration procedures and no-excuse absentee voting for all voters (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21018 et seq.), as amended by sections 201, 202, and 203, is amended— (1) by redesignating sections 307 and 308 as sections 308 and 309; and (2) by inserting after section 306 the following: 307. Access to absentee voter registration procedures and no-excuse absentee voting for all voters (a) In general Notwithstanding section 6(c) and subparagraph (B) or (D) of section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505(c) ; 20507(a)(1)), each State shall— (1) permit any eligible voter to— (A) request and utilize absentee ballot procedures for elections for Federal office; and (B) vote by absentee ballot in elections for Federal office; (2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application from any eligible voter if the application is received by the appropriate State election official not less than 21 days before the election; (3) accept and process, with respect to any election for Federal office, any otherwise valid absentee ballot application from any eligible voter if the application is received by the appropriate State election official not less than 7 days before the election; (4) in addition to any other method of registering to vote in the State, establish procedures— (A) for States to send voter registration applications to eligible voters in accordance with the eligible voter's preferred method of transmission as designated under subparagraph (B); (B) by which an eligible voter may designate whether the eligible voter prefers that such voter registration applications be transmitted by mail or electronically; and (C) to allow eligible voters to electronically submit the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(a)(2) ); (5) in addition to any other method of applying for an absentee ballot in the State, establish procedures— (A) for States to send absentee ballot applications to eligible voters in accordance with the eligible voter’s preferred method of transmission as designated under subparagraph (B); (B) by which an eligible voter may designate whether the eligible voter prefers that such absentee ballot requests be transmitted and submitted by mail or electronically; and (C) under which, not later than 7 days after the appropriate State or local election official has approved or rejected an absentee ballot application, the official shall provide the individual a notice of the disposition of the application, and in the case of rejection of the application provide the individual with the reason for rejection and options to correct or update their application; (6) establish procedures to allow eligible voters to establish a permanent absentee voter status until the voter submits an application to terminate their permanent absentee voter status; (7) transmit a validly requested absentee ballot to any eligible voter— (A) in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and (B) in the case in which the request is received less than 45 days before an election for Federal office— (i) in accordance with State law; and (ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and (8) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan which provides that absentee ballots are made available to eligible voters in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of Means of Electronic Communication for eligible voters To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information (1) In general Each State shall, in addition to the designation of a single State office under section 305, designate not less than 1 means of electronic communication— (A) for use by eligible voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under paragraphs (3) and (4), respectively, of subsection (a); (B) for use by States to send voter registration applications and absentee ballot applications requested under such paragraphs; (C) for the purpose of providing related voting, balloting, and election information to eligible voters; and (D) that meets the accessibility requirement as described in subsection (d). (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to eligible voters, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to eligible voters. (4) Transmission if no preference indicated In the case where an eligible voter does not designate a preference under paragraph (3)(B) or (4)(B), respectively, of subsection (a), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (5) Coordination with States The Election Assistance Commission shall work with States to ensure the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(a)(2) ) is accessible as defined in section 304 and capable of being submitted electronically to State election offices by individuals. (c) Transmission and marking of blank absentee ballots by mail and electronically (1) In general Each State shall establish procedures— (A) to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the eligible voter under subparagraph (B)) to eligible voters for an election for Federal office; and (B) by which the eligible voter may designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an eligible voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Marking of blank absentee ballots Each State shall establish procedures to allow voters to securely mark blank absentee ballots through assistive technology for an election for Federal office. (4) Application of methods to track delivery to and return of ballot by individual requesting ballot (A) In general Subject to subparagraph (B), under the procedures established under paragraph (1), the State may apply such methods as the State considers appropriate which are in accordance with paragraph (1), such as assigning a unique identifier to the ballot, to ensure that if an eligible voter requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. (B) Limitation In carrying out this paragraph, a State may not adopt a method of tracking absentee ballots which would violate the right of an individual to a private ballot. If a unique identifier is assigned to an absentee ballot, the State must adopt procedures to ensure the identity of the individual remains secret. (d) Accessibility requirement for electronic communications Any electronic communication under this section, including any application, ballot, or instructional material sent electronically, shall be accessible as defined in section 304. (e) Rule of construction Nothing in this section may be construed to allow the casting of ballots over the internet. (f) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2023. . (b) Conforming amendments (1) Technical amendment Section 906(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21145(a) ) is amended, in the matter preceding paragraph (1), by striking section 303(b) and inserting sections 303(b) and 307(a) . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 306, as added by section 203(b), the following: Sec. 307. Access to absentee registration procedures and no-excuse absentee voting for all voters. . 205. Protections for in-person voting for individuals with disabilities and older individuals (a) Requirement (1) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21018 et seq.), as amended by sections 201, 202, 203, and 204, is amended— (A) by redesignating sections 308 and 309 as sections 309 and 310; and (B) by inserting after section 307 the following: 308. Access to voting for individuals with disabilities and older individuals (a) Requirement (1) In general Each State shall— (A) ensure all polling places within the State are accessible, as defined in section 304; (B) that voter drop boxes are accessible for use— (i) by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; (ii) by individuals with limited proficiency in the English language; and (iii) by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act ( 42 U.S.C. 11302 )) of the State; (C) consider procedures to address long wait times at polling places that allow individuals with disabilities and older individuals alternate options to cast a ballot in person in an election for Federal office, such as the option to cast a ballot outside of the polling place or from a vehicle, or providing an expedited voting line; and (D) consider options to establish mobile polling sites to allow election officials or volunteers to travel to long-term care facilities and assist residents who request assistance in casting a ballot in order to maintain the privacy and independence of voters in these facilities. (2) Rule of construction If a State provides a drop box under this section on the grounds of or inside of a building or facility which serves as a polling place for an election for Federal office, nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities or individuals with limited proficiency in the English language. (b) Clarification Nothing in this section may be construed to alter the requirements under Federal law that all polling places for Federal elections are accessible to individuals with disabilities and older individuals. (c) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2023. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 307, as added by section 204(b), the following: Sec. 308. Access to voting for individuals with disabilities and older individuals. . (b) Revisions to Voting Accessibility for the Elderly and Handicapped Act (1) Reports to Election Assistance Commission Section 3(c) of the Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20102(c) ) is amended— (A) in the subsection heading, by striking Federal Election Commission and inserting Election Assistance Commission ; (B) in each of paragraphs (1) and (2), by striking Federal Election Commission and inserting Election Assistance Commission ; and (C) by striking paragraph (3). (2) Conforming amendments relating to references The Voting Accessibility for the Elderly and Handicapped Act ( 52 U.S.C. 20101 et seq.), as amended by paragraph (1), is amended— (A) by striking handicapped and elderly individuals each place it appears and inserting individuals with disabilities and older individuals ; (B) by striking handicapped and elderly voters each place it appears and inserting individuals with disabilities and older individuals ; (C) in section 3(b)(2)(B), by striking handicapped or elderly voter and inserting individual with a disability or older individual ; (D) in section 5(b), by striking handicapped voter and inserting individual with a disability ; and (E) in section 8— (i) by striking paragraphs (1) and (2) and inserting the following: (1) accessible has the meaning given that term in section 304 of the Help America Vote Act of 2002, as added by section 101(a) of the Accessible Voting Act of 2021 ; (2) older individual has the meaning given that term in such section 304; ; and (ii) by striking paragraph (4), and inserting the following: (4) individual with a disability has the meaning given that term in such section 304; and . (3) Short title amendment (A) In general Section 1 of the Voting Accessibility for the Elderly and Handicapped Act ( Public Law 98–435 ; 42 U.S.C. 1973ee note) is amended by striking for the Elderly and Handicapped and inserting for Individuals with Disabilities and Older Individuals . (B) References Any reference in any other provision of law, regulation, document, paper, or other record of the United States to the Voting Accessibility for the Elderly and Handicapped Act shall be deemed to be a reference to the Voting Accessibility for Individuals with Disabilities and Older Individuals Act . (4) Effective date The amendments made by this subsection shall take effect on January 1, 2023, and apply to with respect to elections for Federal office held on or after that date. 206. Protections for individuals subject to guardianship (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21018 et seq.), as amended by sections 201, 202, 203, 204, and 205, is amended— (1) by redesignating sections 309 and 310 as sections 310 and 310A; and (2) by inserting after section 308 the following: 309. Protections for individuals subject to guardianship (a) In general A State shall not determine that an individual lacks the capacity to vote in an election for Federal office on the ground that the individual is subject to guardianship, unless a court of competent jurisdiction issues a court order finding by clear and convincing evidence that the individual cannot communicate, with or without accommodations, a desire to participate in the voting process. (b) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2023. . (b) Clerical amendments The table of contents of such Act is amended by inserting after the item relating to section 308, as added by section 205(a)(2), the following: Sec. 309. Protections for individuals subject to guardianship. . 207. Payments to States for implementation of accessibility requirements (a) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 ) is amended by adding at the end the following new part: 7 Payments to States for implementation of accessibility requirements 297. Payments to States for implementation of accessibility requirements (a) Payments (1) In general The Director of the Office of Accessibility (hereinafter in this section referred to as the Director ) shall make payments to each eligible State (as described in subsection (c)) in an amount determined under paragraph (2) for each applicable period (as defined in paragraph (3)) beginning on or after October 1, 2021. (2) Allocation of funds (A) In general Subject to subparagraph (C), the amount of a payment made to a State for an applicable period shall be equal to the product of— (i) the total amount appropriated for requirements payments for the applicable period pursuant to the authorization under subsection (g); and (ii) the State allocation percentage for the State (as determined under subparagraph (B)). (B) State allocation percentage defined The State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— (i) the voting age population of the State (as reported in the most recent decennial census); and (ii) the total voting age population of all States (as reported in the most recent decennial census). (C) Minimum payment The amount of any payment made to an eligible State under this section shall not be less than $1,000,000. (D) Pro rata reductions The Director shall make such pro rata reductions to the allocations determined under subparagraph (A) as are necessary to comply with the requirements of subparagraph (C). (E) Continuing availability of funds after appropriation A payment made to a State under this section shall be available to the State without fiscal year limitation. (3) Applicable period defined The applicable period , with respect to a payment under this section, is a period of 2 fiscal years. (4) Distribution of funds to units of local government At least 10 percent of funds allocated to a State under this section shall be distributed to units of local government to develop or upgrade accessible election websites and to share information with the statewide accessible election website as described in section 304. (b) Use of funds (1) In general An eligible State shall use a payment under this section to meet the requirements of sections 304 through 309. (2) Prohibition on use of funds for separate accessible election websites Funds under this section may not be used to establish accessible election websites for individuals with disabilities and older individuals under section 304 that are separate from the election websites for the general population. Funds must be used to make existing election websites accessible, or to develop accessible election websites where one does not already exist. (c) Requirements for eligibility (1) In general Each State that desires to receive a payment under this section for an applicable period shall submit an application for such payment to the Director at such time and in such manner and containing such information as the Director shall require. (2) Contents of application Each application submitted under paragraph (1) shall include— (A) with respect to the requirements under section 304 (relating to accessible election websites)— (i) a description of the State plan as developed by the committee of appropriate individuals under subsection (c) of such section; (ii) an assurance that the State will work with State and local disability and aging advocates to ensure the election website is accessible to individuals with disabilities and older individuals; (iii) a description of how the State will ensure the election website maintains accessibility; (iv) a description of how the State will ensure information on the election website is accessible to local election officials; and (v) identification of each organization the State is partnering with pursuant to subsection (d) of such section in order to monitor and verify the accessibility of the State election website, including the written support of each such organization; (B) with respect to the requirements under sections 305 through 309, a description of how the State will meet such requirements; and (C) such other information as the Director determines appropriate to ensure compliance with the requirements of such sections 304 through 309. (d) Reports (1) Reports by recipients (A) In general Not later than the 6 months after the end of each applicable period for which an eligible State received a payment under this section, the State shall submit a report to the Director on the activities conducted using such payments during the applicable period, and shall include in the report a list of expenditures during such applicable period. (B) Inclusion Each report submitted under subparagraph (A) shall include the number and description of complaints and grievances by individuals alleging their ability to register to vote or vote was unfairly blocked or delayed. (2) Report by Director to committees With respect to each applicable period for which the Director makes payments under this section, the Director shall submit a report on the activities carried out under this section to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration and the Special Committee on Aging of the Senate. (e) Standards and guidelines The Director shall establish standards and guidelines for approved activities supported by payments under this section. Such standards and guidelines shall permit eligible States receiving such a payment to refine or adapt the standards and guidelines for an individual project, where such a refinement or adaptation is made necessary by a local circumstance. (f) Definitions In this section, the terms accessible , individual with a disability , older individual , and State have the meaning given those terms in section 304. (g) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out the provisions of this section— (A) $100,000,000 for fiscal years 2022 and 2023; (B) $100,000,000 for fiscal years 2024 and 2025; and (C) $100,000,000 for fiscal years 2026 and 2027. (2) Continuing availability of funds after appropriation A payment made to an eligible State under this section shall be available to the State without fiscal year limitation, but shall only be used for the purposes of this section. (h) Relationship to requirements payments Any payment to a State under this section shall be in addition to any requirements payment under section 251 and shall not be taken into account in determining the amount of such payment under section 252. . (b) Clerical amendments The table of contents of such Act is amended by inserting after the item relating to section 296 the following new item: PART 7—Payments to States for implementation of accessibility requirements Sec. 297. Payments to States for implementation of accessibility requirements. . 208. Technical and conforming amendments relating to issuance of voluntary guidance and enforcement (a) Issuance of voluntary guidance by election assistance commission Section 311 of the Help America Vote Act of 2002 ( 52 U.S.C. 21101 ) is amended— (1) in subsection (a), by striking subtitle A and inserting subtitles A and B ; and (2) in subsection (b)— (A) by striking and at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ; and ; and (C) by adding at the end the following new paragraph: (4) in the case of the recommendations with respect to sections 304 through 309, January 1, 2022. ; and (3) by adding at the end the following new subsection: (d) Coordination with Office of Accessibility The Commission shall coordinate with the Election Assistance Commission Office of Accessibility established under section 223 in adopting recommendations with respect to sections 304 through 309. . (b) Enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III . III Federal assistance 301. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities and older individuals (a) Purposes of payments Section 261(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21021(b) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) making absentee voting and voting in an individual's place of residence accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, cognition, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, long-term care facilities, or other facilities in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and (3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities. . (b) Reauthorization Section 264(a) of such Act ( 52 U.S.C. 21024(a) ) is amended by adding at the end the following new paragraph: (4) For fiscal year 2022 and each succeeding fiscal year, such sums as may be necessary to carry out this part. . (c) Period of availability of funds Section 264 of such Act ( 52 U.S.C. 21024 ) is amended— (1) in subsection (b), by striking Any amounts and inserting Except as provided in subsection (b), any amounts ; and (2) by adding at the end the following new subsection: (c) Return and transfer of certain funds (1) Deadline for obligation and expenditure In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2022 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission. (2) Reallocation of transferred amounts (A) In general The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt. (B) Covered payment recipients described In subparagraph (A), a covered payment recipient is a State or unit of local government with respect to which— (i) amounts were appropriated pursuant to the authority of subsection (a); and (ii) no amounts were transferred to the Commission under paragraph (1). . 302. Study and report on accessible voting options (a) Study and report The Election Assistance Commission (in this section referred to as the Commission ), in coordination with the Access Board and the Cybersecurity and Infrastructure Security Agency, shall make grants to not fewer than 3 eligible entities to study, test, and develop accessible and secure remote voting systems and voting, verification, and casting devices to enhance the accessibility of voting and verification for individuals with disabilities. (b) Eligibility An entity is eligible to receive a grant under this section if it submits to the Commission (at such time and in such form as the Commission may require) an application containing— (1) certifications that the entity shall specifically investigate enhanced methods or devices, including nonelectronic devices, that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters, and casting such ballots; (2) a certification that the entity shall complete the activities carried out with the grant not later than January 1, 2024; and (3) such other information and certifications as the Commission may require. (c) Availability of technology Any technology developed with the grants made under this section shall be treated as non-proprietary and shall be made available to the public, including to manufacturers of voting systems. (d) Coordination with grants for technology improvements The Commission shall carry out this section so that the activities carried out with the grants made under subsection (a) are coordinated with the research conducted under the grant program carried out by the Commission under section 271 of the Help America Vote Act of 2002 ( 52 U.S.C. 21041 ), to the extent that the Director and Commission determine necessary to provide for the advancement of accessible voting technology. (e) Authorization of appropriations There is authorized to be appropriated to carry out subsection (a) $30,000,000, to remain available until expended. 303. Appointments to EAC Board of Advisors (a) In general Section 214(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 20944(a) ) is amended— (1) in the matter preceding paragraph (1), by striking 37 and inserting 49 ; and (2) by adding at the end the following new paragraphs: (17) Two members appointed by the National Council on Disability. (18) Two members appointed by the Assistant Secretary of Health and Human Services for Aging. (19) Four members from organizations, whose executive leadership team consists of fifty-one percent of individuals with disabilities, representing the interests of voters with disabilities, of whom— (A) two members shall be appointed by the Committee on Education and Labor of the House of Representatives, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and (B) two members shall be appointed by the Committee on Health, Education, Labor, and Pensions of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member. (20) Four members from organizations representing the interests of older voters, of whom— (A) two members shall be appointed by the Committee on Education and Labor of the House of Representatives, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member; and (B) two members shall be appointed by the Special Committee on Aging of the Senate, of whom one shall be appointed by the chair and one shall be appointed by the ranking minority member. . (b) Effective date The amendments made by subsection (a) shall take effect on January 1, 2022. 304. Removal of limitation on use of funds for participation of protection and advocacy systems in litigation related to election-related disability access Section 292(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21062(a) ) is amended by striking ; except that and all that follows and inserting a period. 305. Funding for protection and advocacy systems (a) Inclusion of system serving American Indian Consortium Section 291(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(a) ) is amended by striking of each State and inserting of each State and the eligible system serving the American Indian consortium (within the meaning of section 509(c)(1)(B) of the Rehabilitation Act of 1973 ( 29 U.S.C. 794e(c)(1)(B) )) . (b) Grant amount Section 291(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(b) ) is amended— (1) by striking as set forth in subsections (c)(3) and inserting as set forth in subsections (c)(1)(B) (regardless of the fiscal year), (c)(3) ; and (2) by striking except that and all that follows and inserting except that the amount of the grants to systems referred to in subsection (c)(3)(B) of that section shall not be less than $70,000 and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) of that section shall not be less than $35,000. . (c) Definition Section 291 of the Help America Vote Act of 2002 ( 52 U.S.C. 21061 ) is amended by adding at the end the following: (d) State In this section, the term State means— (1) a State as defined in section 901; and (2) the Commonwealth of the Northern Mariana Islands. . | https://www.govinfo.gov/content/pkg/BILLS-117s1470is/xml/BILLS-117s1470is.xml |
117-s-1471 | II 117th CONGRESS 1st Session S. 1471 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Heinrich (for himself, Ms. Murkowski , Ms. Cortez Masto , Mr. Crapo , Mr. Luján , Mr. Daines , Ms. Sinema , Mr. Rounds , Ms. Rosen , Mr. Lankford , Ms. Baldwin , and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To enhance protections of Native American tangible cultural heritage, and for other purposes.
1. Short title This Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2021 . 2. Purposes The purposes of this Act are— (1) to carry out the trust responsibility of the United States to Indian Tribes; (2) to increase the maximum penalty for actions taken in violation of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), in order to strengthen deterrence; (3) to stop the export, and facilitate the international repatriation, of cultural items prohibited from being trafficked by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and archaeological resources prohibited from being trafficked by the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.) by— (A) explicitly prohibiting the export; (B) creating an export certification system; and (C) confirming the authority of the President to request from foreign nations agreements or provisional measures to prevent irremediable damage to Native American cultural heritage; (4) to establish a Federal framework in order to support the voluntary return by individuals and organizations of items of tangible cultural heritage, including items covered by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act) and the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.); (5) to establish an interagency working group to ensure communication between Federal agencies to successfully implement this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and other relevant Federal laws; (6) to establish a Native working group of Indian Tribes and Native Hawaiian organizations to assist in the implementation of this Act, the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act), the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.), and other relevant Federal laws; (7) to exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act )— (A) information submitted by Indian Tribes or Native Hawaiian organizations pursuant to this Act; and (B) information relating to an Item Requiring Export Certification for which an export certification was denied pursuant to this Act; and (8) to encourage buyers to purchase legal contemporary art made by Native artists for commercial purposes. 3. Definitions In this Act: (1) Archaeological resource The term archaeological resource means an archaeological resource (as defined in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb )) that is Native American. (2) Cultural affiliation The term cultural affiliation means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian Tribe or Native Hawaiian organization and an identifiable earlier group. (3) Cultural item The term cultural item means any 1 or more cultural items (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )). (4) Indian Tribe The term Indian Tribe has the meaning given the term Indian tribe in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (5) Item prohibited from exportation The term Item Prohibited from Exportation means— (A) a cultural item prohibited from being trafficked, including through sale, purchase, use for profit, or transport for sale or profit, by— (i) section 1170(b) of title 18, United States Code, as added by the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.); or (ii) any other Federal law or treaty; and (B) an archaeological resource prohibited from being trafficked, including through sale, purchase, exchange, transport, receipt, or offer to sell, purchase, or exchange, including in interstate or foreign commerce, by— (i) subsections (b) and (c) of section 6 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); or (ii) any other Federal law or treaty. (6) Item requiring export certification (A) In general The term Item Requiring Export Certification means— (i) a cultural item; and (ii) an archaeological resource. (B) Exclusion The term Item Requiring Export Certification does not include an item described in clause (i) or (ii) of subparagraph (A) for which an Indian Tribe or Native Hawaiian organization with a cultural affiliation with the item has provided a certificate authorizing exportation of the item. (7) Native American The term Native American means— (A) Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )); and (B) Native Hawaiian (as so defined). (8) Native Hawaiian organization The term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (9) Secretary The term Secretary means the Secretary of the Interior. (10) Tangible cultural heritage The term tangible cultural heritage means— (A) Native American human remains; or (B) culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture. 4. Enhanced NAGPRA penalties Section 1170 of title 18, United States Code, is amended— (1) by striking 5 years each place it appears and inserting 10 years ; and (2) in subsection (a), by striking 12 months and inserting 1 year and 1 day . 5. Export prohibitions; export certification system; international agreements (a) Export prohibitions (1) In general It shall be unlawful for any person— (A) to export, attempt to export, or otherwise transport from the United States any Item Prohibited from Exportation; (B) to conspire with any person to engage in an activity described in subparagraph (A); or (C) to conceal an activity described in subparagraph (A). (2) Penalties Any person who violates paragraph (1) and knows, or in the exercise of due care should have known, that the Item Prohibited from Exportation was taken, possessed, transported, or sold in violation of, or in a manner unlawful under, any Federal law or treaty, shall be fined in accordance with section 3571 of title 18, United States Code, imprisoned for not more than 1 year and 1 day for a first violation, and not more than 10 years for a second or subsequent violation, or both. (3) Detention, forfeiture, and repatriation (A) Detention and delivery The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1); and (ii) deliver the Item Prohibited from Exportation to the Secretary. (B) Forfeiture Any Item Prohibited from Exportation that is exported, attempted to be exported, or otherwise transported from the United States in violation of paragraph (1) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation Any Item Prohibited from Exportation that is forfeited under subparagraph (B) shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (i) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or (ii) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.). (b) Export certification system (1) Export certification requirement (A) In general No Item Requiring Export Certification may be exported from the United States without first having obtained an export certification in accordance with this subsection. (B) Publication The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall publish in the Federal Register a notice that includes— (i) a description of characteristics typical of Items Requiring Export Certification, which shall— (I) include the definitions of the terms— (aa) cultural items in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) archaeological resource in section 3 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470bb ); (II) describe the provenance requirements associated with the trafficking prohibition applicable to— (aa) cultural items under section 1170(b) of title 18, United States Code; and (bb) archaeological resources under subsections (b) and (c) of section 6 of Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470ee ); (III) (aa) include the definitions of the terms Native American and Native Hawaiian in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ); and (bb) describe how those terms apply to archaeological resources under this Act; and (IV) be sufficiently specific and precise to ensure that— (aa) an export certification is required only for Items Requiring Export Certification; and (bb) fair notice is given to exporters and other persons regarding which items require an export certification under this subsection; and (ii) a description of characteristics typical of items that do not qualify as Items Requiring Export Certification and therefore do not require an export certification under this subsection, which shall clarify that— (I) an item made solely for commercial purposes is presumed to not qualify as an Item Requiring Export Certification, unless an Indian Tribe or Native Hawaiian organization challenges that presumption; and (II) in some circumstances, receipts or certifications issued by Indian Tribes or Native Hawaiian organizations with a cultural affiliation with an item may be used as evidence to demonstrate a particular item does not qualify as an Item Requiring Export Certification. (2) Eligibility for export certification An Item Requiring Export Certification is eligible for an export certification under this subsection if— (A) the Item Requiring Export Certification is not under ongoing Federal investigation; (B) the export of the Item Requiring Export Certification would not otherwise violate any other provision of law; and (C) the Item Requiring Export Certification— (i) is not an Item Prohibited from Exportation; (ii) was excavated or removed pursuant to a permit issued under section 4 of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470cc ) and in compliance with section 3(c) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002(c) ), if the permit for excavation or removal authorizes export; or (iii) is accompanied by written confirmation from the Indian Tribe or Native Hawaiian organization with authority to alienate the Item Requiring Export Certification that— (I) the exporter has a right of possession (as defined in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 )) of the Item Requiring Export Certification; or (II) the Indian Tribe or Native Hawaiian organization has relinquished title or control of the Item Requiring Export Certification in accordance with section 3 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3002 ). (3) Export certification application and issuance procedures (A) Applications for export certification (i) In general An exporter seeking to export an Item Requiring Export Certification from the United States shall submit to the Secretary an export certification application in accordance with clause (iii). (ii) Consequences of false statement Any willful or knowing false statement made on an export certification application form under clause (i) shall— (I) subject the exporter to criminal penalties pursuant to section 1001 of title 18, United States Code; and (II) prohibit the exporter from receiving an export certification for any Item Requiring Export Certification in the future unless the exporter submits additional evidence in accordance with subparagraph (B)(iii)(I). (iii) Form of export certification application The Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, and at the discretion of the Secretary, in consultation with third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, shall develop an export certification application form, which shall require that an applicant— (I) describe, and provide pictures of, each Item Requiring Export Certification that the applicant seeks to export; (II) include all available information regarding the provenance of each such Item Requiring Export Certification; and (III) include the attestation described in subparagraph (B)(i). (B) Evidence (i) In general In completing an export certification application with respect to an Item Requiring Export Certification that the exporter seeks to export, the exporter shall attest that, to the best of the knowledge and belief of the exporter, the exporter is not attempting to export an Item Prohibited from Exportation. (ii) Sufficiency of attestation An attestation under clause (i) shall be considered to be sufficient evidence to support the application of the exporter under subparagraph (A)(iii)(III), on the condition that the exporter is not required to provide additional evidence under clause (iii)(I). (iii) Additional requirements (I) In general The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter is required to submit additional evidence in accordance with subclause (III) if the Secretary has determined under subparagraph (A)(ii) that the exporter made a willful or knowing false statement on the application or any past export certification application. (II) Delays or denials The Secretary shall give notice to an exporter that submits an export certification application under subparagraph (A)(i) that the exporter may submit additional evidence in accordance with subclause (III) if the issuance of an export certification is— (aa) delayed pursuant to the examination by the Secretary of the eligibility of the Item Requiring Export Certification for an export certification; or (bb) denied by the Secretary because the Secretary determined that the Item Requiring Export Certification is not eligible for an export certification under this subsection. (III) Additional evidence On receipt of notice under subclause (I), an exporter shall, or on receipt of a notice under subclause (II), an exporter may, provide the Secretary with such additional evidence as the Secretary may require to establish that the Item Requiring Export Certification is eligible for an export certification under this subsection. (C) Database applications (i) In general The Secretary shall establish and maintain a secure central Federal database information system (referred to in this subparagraph as the database ) for the purpose of making export certification applications available to Indian Tribes and Native Hawaiian organizations. (ii) Collaboration required The Secretary shall collaborate with Indian Tribes, Native Hawaiian organizations, and the interagency working group convened under section 7(a) in the design and implementation of the database. (iii) Availability Immediately on receipt of an export certification application, the Secretary shall make the export certification application available on the database. (iv) Deletion from database On request by an Indian Tribe or Native Hawaiian organization, the Secretary shall delete an export certification application from the database. (v) Technical assistance If an Indian Tribe or Native Hawaiian organization lacks sufficient resources to access the database or respond to agency communications in a timely manner, the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations, shall provide technical assistance to facilitate that access or response, as applicable. (D) Issuance of export certification On receipt of an export certification application for an Item Requiring Export Certification that meets the requirements of subparagraphs (A) and (B), if the Secretary, in consultation with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the Item Requiring Export Certification, determines that the Item Requiring Export Certification is eligible for an export certification under paragraph (2), the Secretary may issue an export certification for the Item Requiring Export Certification. (E) Revocation of export certification (i) In general If credible evidence is provided that indicates that an item that received an export certification under subparagraph (D) is not eligible for an export certification under paragraph (2), the Secretary may immediately revoke the export certification. (ii) Determination In determining whether a revocation is warranted under clause (i), the Secretary shall consult with Indian Tribes and Native Hawaiian organizations with a cultural affiliation with the affected Item Requiring Export Certification. (4) Detention, forfeiture, repatriation, and return (A) Detention and delivery The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall— (i) detain any Item Requiring Export Certification that an exporter attempts to export or otherwise transport without an export certification; and (ii) deliver the Item Requiring Export Certification to the Secretary, for seizure by the Secretary. (B) Forfeiture Any Item Requiring Export Certification that is detained under subparagraph (A)(i) shall be subject to forfeiture to the United States in accordance with chapter 46 of title 18, United States Code (including section 983(c) of that chapter). (C) Repatriation or return to exporter (i) In general Not later than 60 days after the date of delivery to the Secretary of an Item Requiring Export Certification under subparagraph (A)(ii), the Secretary shall determine whether the Item Requiring Export Certification is an Item Prohibited from Exportation. (ii) Repatriation If an Item Requiring Export Certification is determined by the Secretary to be an Item Prohibited from Exportation and is forfeited under subparagraph (B), the item shall be expeditiously repatriated to the appropriate Indian Tribe or Native Hawaiian organization in accordance with, as applicable— (I) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); or (II) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.). (iii) Return to exporter (I) In general If the Secretary determines that credible evidence does not establish that the Item Requiring Export Certification is an Item Prohibited from Exportation, or if the Secretary does not complete the determination by the deadline described in clause (i), the Secretary shall return the Item Requiring Export Certification to the exporter. (II) Effect The return of an Item Requiring Export Certification to an exporter under subclause (I) shall not mean that the Item Requiring Export Certification is eligible for an export certification under this subsection. (5) Penalties (A) Items requiring export certification (i) In general It shall be unlawful for any person to export, attempt to export, or otherwise transport from the United States any Item Requiring Export Certification without first obtaining an export certification. (ii) Penalties Except as provided in subparagraph (D), any person who violates clause (i) shall be— (I) assessed a civil penalty in accordance with such regulations as the Secretary promulgates pursuant to section 10; and (II) subject to any other applicable penalties under this Act. (B) Items Prohibited from Exportation Whoever exports an Item Prohibited from Exportation without first securing an export certification shall be liable for a civil money penalty, the amount of which shall equal the total cost of storing and repatriating the Item Prohibited from Exportation. (C) Use of fines collected Any amounts collected by the Secretary as a civil penalty under subparagraph (A)(ii)(I) or (B)— (i) may be used by the Secretary— (I) for fines collected under subparagraph (A)(ii)(I), to process export certification applications under this subsection; and (II) for fines collected under subparagraph (B), to store and repatriate the Item Prohibited from Exportation; (ii) shall supplement (and not supplant) any appropriations to the Secretary to carry out this subsection; and (iii) shall not be covered into the Treasury as miscellaneous receipts. (D) Voluntary return (i) In general Any person who attempts to export or otherwise transport from the United States an Item Requiring Export Certification without first obtaining an export certification, but voluntarily returns the Item Requiring Export Certification, or directs the Item Requiring Export Certification to be returned, to the appropriate Indian Tribe or Native Hawaiian organization in accordance with section 6 prior to the commencement of an active Federal investigation shall not be prosecuted for a violation of subparagraph (A) with respect to the Item Requiring Export Certification. (ii) Actions not commencing a Federal investigation For purposes of clause (i), the following actions shall not be considered to be actions that commence an active Federal investigation: (I) The submission by the exporter of an export certification application for the Item Requiring Export Certification under paragraph (3)(A)(i). (II) The detention of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(i). (III) The delivery to the Secretary of the Item Requiring Export Certification by the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, under paragraph (4)(A)(ii). (IV) The seizure by the Secretary of the Item Requiring Export Certification under paragraph (4)(A)(ii). (6) Fees (A) In general The Secretary may collect reasonable fees to process export certification applications under this subsection. (B) Availability of amounts collected Any amounts collected by the Secretary under subparagraph (A)— (i) shall supplement (and not supplant) any appropriations to the Secretary for the activities described in subparagraph (A); and (ii) shall not be covered into the Treasury as miscellaneous receipts. (7) Administrative appeal If the Secretary denies an export certification or an Item Requiring Export Certification is detained under this subsection, the exporter, on request, shall be given a hearing on the record in accordance with such rules and regulations as the Secretary promulgates pursuant to section 10. (8) Training (A) In general The Secretary, the Secretary of State, the Attorney General, and the heads of all other relevant Federal agencies shall require all appropriate personnel to participate in training regarding applicable laws and consultations to facilitate positive government-to-government interactions with Indian Tribes and Native Hawaiian Organizations. (B) U.S. Customs and Border Protection training The Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Protection, shall require all appropriate personnel of U.S. Customs and Border Protection to participate in training provided by the Secretary of the Interior or an Indian Tribe or Native Hawaiian organization to assist the personnel in identifying, handling, and documenting in a culturally sensitive manner Items Requiring Export Certification for purposes of this Act. (C) Consultation In developing or modifying and delivering trainings under subparagraphs (A) and (B), the applicable heads of Federal agencies shall consult with Indian Tribes and Native Hawaiian organizations. (c) Agreements To request return from foreign countries The President may request from foreign nations agreements that specify concrete measures that the foreign nation will carry out— (1) to discourage commerce in, and collection of, Items Prohibited from Exportation; (2) to encourage the voluntary return of tangible cultural heritage; and (3) to expand the market for the products of Indian art and craftsmanship in accordance with section 2 of the Act of August 27, 1935 (49 Stat. 891, chapter 748; 25 U.S.C. 305a ) (commonly known as the Indian Arts and Crafts Act ). 6. Voluntary return of tangible cultural heritage (a) Liaison The Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage. (b) Trainings and workshops The liaisons designated under subsection (a) shall offer to representatives of Indian Tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and organizations trainings and workshops regarding the voluntary return of tangible cultural heritage. (c) Referrals (1) In general The Secretary shall refer individuals and organizations to 1 or more Indian Tribes and Native Hawaiian organizations with a cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage. (2) Referral representatives The Secretary shall compile a list of representatives from each Indian Tribe and Native Hawaiian organization for purposes of referral under paragraph (1). (3) Consultation The Secretary shall consult with Indian Tribes, Native Hawaiian organizations, and the Native working group convened under section 8(a) before making a referral under paragraph (1). (4) Third-party experts The Secretary may use third parties with relevant expertise, including institutions of higher education, museums, dealers, and collector organizations, in determining to which Indian Tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1). (d) Legal liability Nothing in this section imposes on any individual or entity any additional penalties or legal liability. (e) Tax documentation In facilitating the voluntary return of tangible cultural heritage under this section, the Secretary shall include provision of tax documentation for a deductible gift to an Indian Tribe or Native Hawaiian organization, if the recipient Indian Tribe or Native Hawaiian organization consents to the provision of tax documentation. (f) Repatriation under native american graves protection and repatriation act The voluntary return provisions of this section shall apply to a specific item of tangible cultural heritage only to the extent that the repatriation provisions under section 7 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3005 ) do not apply to the item of tangible cultural heritage. 7. Interagency working group (a) In general The Secretary shall designate a coordinating office to convene an interagency working group consisting of representatives from the Departments of the Interior, Justice, State, and Homeland Security. (b) Goals The goals of the interagency working group convened under subsection (a) are— (1) to facilitate the repatriation to Indian Tribes and Native Hawaiian organizations of items that have been illegally removed or trafficked in violation of applicable law; (2) to protect tangible cultural heritage, cultural items, and archaeological resources still in the possession of Indian Tribes and Native Hawaiian organizations; and (3) to improve the implementation by the applicable Federal agencies of— (A) the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 et seq.) (including section 1170 of title 18, United States Code, as added by that Act); (B) the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq.); and (C) other relevant Federal laws. (c) Responsibilities The interagency working group convened under subsection (a) shall— (1) aid in implementation of this Act and the amendments made by this Act, including by aiding in— (A) the voluntary return of tangible cultural heritage under section 6; and (B) halting international sales of items that are prohibited from being trafficked under Federal law; and (2) collaborate with— (A) the Native working group convened under section 8(a); (B) the review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ); (C) the Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note); and (D) any other relevant committees and working groups. 8. Native working group (a) In general The Secretary shall convene a Native working group consisting of not fewer than 12 representatives of Indian Tribes and Native Hawaiian organizations with relevant expertise, who shall be nominated by Indian Tribes and Native Hawaiian organizations, to advise the Federal Government in accordance with this section. (b) Recommendations The Native working group convened under subsection (a) may provide recommendations regarding— (1) the voluntary return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage; and (2) the elimination of illegal commerce of cultural items and archaeological resources in the United States and foreign markets. (c) Requests The Native working group convened under subsection (a) may make formal requests to initiate certain agency actions, including requests that— (1) the Department of Justice initiate judicial proceedings domestically or abroad to aid in the repatriation cultural items and archaeological resources; and (2) the Department of State initiate dialogue through diplomatic channels to aid in that repatriation. (d) Agency and committee assistance (1) In general On request by the Native working group convened under subsection (a), the agencies and committees described in paragraph (2) shall make efforts to provide information and assistance to the Native working group. (2) Description of agencies and committees The agencies and committees referred to in paragraph (1) are the following: (A) The Department of the Interior. (B) The Department of Justice. (C) The Department of Homeland Security. (D) The Department of State. (E) The review committee established under section 8(a) of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3006(a) ). (F) The Cultural Heritage Coordinating Committee established pursuant to section 2 of the Protect and Preserve International Cultural Property Act ( Public Law 114–151 ; 19 U.S.C. 2601 note). (G) Any other relevant Federal agency, committee, or working group. (e) Applicability of Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Native working group convened under subsection (a). 9. Treatment under Freedom of Information Act (a) In general Except as provided in subsection (c), the following information shall be exempt from disclosure under section 552 of title 5, United States Code: (1) Information that a representative of an Indian Tribe or Native Hawaiian organization— (A) submits to a Federal agency pursuant to this Act or an amendment made by this Act; and (B) designates as sensitive or private according to Native American custom, law, culture, or religion. (2) Information that any person submits to a Federal agency pursuant to this Act or an amendment made by this Act that relates to an item for which an export certification is denied under this Act. (b) Applicability For purposes of subsection (a), this Act shall be considered a statute described in section 552(b)(3)(B) of title 5, United States Code. (c) Exception An Indian Tribe or Native Hawaiian organization may request and shall receive its own information, as described in subsection (a), from the Federal agency to which the Indian Tribe or Native Hawaiian organization submitted the information. 10. Regulations (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of State, the Secretary of Homeland Security, and the Attorney General, and after consultation with Indian Tribes and Native Hawaiian organizations, shall promulgate rules and regulations to carry out this Act. (b) Inclusion The regulations promulgated by the Secretary pursuant to subsection (a) shall include a reasonable deadline by which the Secretary shall approve or deny an export certification application under section 5(b). 11. Authorization of appropriations There is authorized to be appropriated to carry out this Act $3,000,000 for each of fiscal years 2021 through 2026. | https://www.govinfo.gov/content/pkg/BILLS-117s1471is/xml/BILLS-117s1471is.xml |
117-s-1472 | II 117th CONGRESS 1st Session S. 1472 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Wicker (for himself, Mr. Thune , and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Federal Communications Commission and the National Telecommunications and Information Administration to update the Memorandum of Understanding on Spectrum Coordination, and for other purposes.
1. Short title This Act may be cited as the Improving Spectrum Coordination Act of 2021 . 2. Improved coordination between the FCC and the NTIA (a) Definitions In this section— (1) the term Commission means the Federal Communications Commission; (2) the term Memorandum means the Memorandum of Understanding on Spectrum Coordination executed by the Commission and the Administration on January 31, 2003; and (3) the term NTIA means the National Telecommunications and Information Administration. (b) Updates Not later than 60 days after the date of enactment of this Act, the Commission and the NTIA shall update the Memorandum to— (1) outline general processes for addressing technical, procedural, and policy differences regarding frequency allocation and related conditions and standards; (2) create a process for the resolution of non-routine policy disputes between the Commission and the NTIA, including specific timelines for an expeditious resolution; (3) clarify that— (A) Congress designated the NTIA to serve as the sole agency responsible for managing spectrum assigned to Federal agencies, and that, as a result, the NTIA represents Federal agencies in addressing technical, procedural, and policy differences regarding frequency allocation with the Commission, consistent with section 103(b) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b) ); and (B) the representation by the NTIA described in subparagraph (A) should involve the expertise of the NTIA in technical, engineering, and policy matters; (4) ensure that scientific analyses and testing are considered in actions involving spectrum allocation and standards; (5) ensure that short-, medium-, and long-term implications of spectrum policy and strategy are considered; (6) outline general processes for how the Commission and the NTIA will form staff standing working groups with regular meetings to discuss spectrum planning by the Commission and the NTIA; (7) outline general processes for how the Commission and the NTIA will jointly interact and consult with the Department of State in matters regarding international spectrum coordination proceedings; and (8) endeavor to ensure— (A) the efficient use of frequencies assigned to Federal agencies, consistent with the responsibilities of the NTIA under section 103(b)(2)(U) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b)(2)(U) ); and (B) that frequencies not required for the present or identifiable future needs of the Federal Government are reallocated to non-Federal Government users wherever possible. (c) Periodic updates Not later than 3 years after the date on which the Commission and the NTIA update the Memorandum under subsection (b), and every 4 years thereafter, the Commission and the NTIA shall update the Memorandum to reflect changing technological, procedural, and policy circumstances. (d) Report Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Commission and the NTIA shall submit to Congress a report on joint spectrum planning activities. | https://www.govinfo.gov/content/pkg/BILLS-117s1472is/xml/BILLS-117s1472is.xml |
117-s-1473 | II 117th CONGRESS 1st Session S. 1473 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Menendez (for himself, Mr. Leahy , Mr. Kaine , Mr. Coons , Mrs. Feinstein , Mrs. Murray , and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To enhance the consideration of human rights in arms exports.
1. Short title This Act may be cited as the Safeguarding Human Rights in Arms Exports Act of 2021 or the SAFEGUARD Act of 2021 . 2. Statement of policy on control of defense exports and protection of human rights It is the policy of the United States that one of the purposes for controlling the export of defense articles and defense services to foreign countries is to prevent such exports from being used in violation of international humanitarian law or internationally recognized human rights, to require accountability for any such violations, and to ensure that the sale, export, or transfer of such articles and services serves to encourage governments of foreign countries to fully comply with international humanitarian law and observe internationally recognized human rights. 3. Prohibition of arms sales to countries committing genocide or war crimes (a) In general No sale, export, or transfer of defense articles or defense services may occur to any country if the Secretary of State has credible information that the government of such country has committed or is committing genocide or violations of international humanitarian law after the date of the enactment of this Act. (b) Exception The restriction under subsection (a) shall not apply if the Secretary of State certifies to the appropriate congressional committees that— (1) the government has adequately punished the persons directly or indirectly responsible for such acts through a credible, transparent, and effective judicial process; (2) appropriate measures have been instituted to ensure that such acts will not recur; and (3) other appropriate compensation or appropriate compensatory measures have been or are being provided to the persons harmed by such acts. 4. Misuse of arms sales for human rights abuses (a) In general The President shall ensure that— (1) the sale, export, or transfer of any defense article or defense service to a foreign country or international organization shall be pursuant to an agreement that the government of such country or such international organization will not use such article or service in the commission, or to enable the commission, of a violation of international humanitarian law or internationally recognized human rights; (2) the United States Government has the legal right to require the return of any defense articles sold, exported, or transferred to a foreign country or international organization if the government of such country or such organization has used United States-origin defense articles in the commission, or has enabled the commission, of a violation of international humanitarian law or internationally recognized human rights; and (3) if defense articles are sold, exported, or transferred to a foreign country in a manner in which the intended end user has not been identified at the unit level for human rights vetting, the agreement for such sale, export, or transfer includes a list of units ineligible to receive such articles, consistent with applicable provisions of United States law. (b) Eligibility for defense services or articles Section 3(a) of the Arms Export Control Act ( 22 U.S.C. 2753(a) ) is amended— (1) in paragraph (1), by striking and promote world peace and inserting , promote world peace, and is unlikely to contribute to human rights abuses ; (2) in paragraph (3), by striking ; and and inserting a semicolon; (3) by redesignating paragraph (4) as paragraph (5); and (4) by inserting after paragraph (3) the following new paragraph: (4) the country or international organization has agreed not to use such article or service in the commission, or to enable the commission, of a violation of international humanitarian law or internationally recognized human rights; and . (c) Authorized purpose for military sales Section 4 of the Arms Export Control Act ( 22 U.S.C. 2754 ) is amended— (1) by inserting legitimate before internal security ; and (2) by inserting , provided that such defense articles and defense services will not present a significant risk of being used to violate international humanitarian law or internationally recognized human rights after such friendly countries . 5. Consideration of human rights and democratization in arms exports (a) In general In considering the sale, export, or transfer of defense articles and defense services to foreign countries, the Secretary of State shall— (1) also consider the extent to which the government of the foreign country protects human rights and supports democratic institutions, including an independent judiciary; and (2) ensure that the views and expertise of the Bureau of Democracy, Human Rights, and Labor of the Department of State in connection with any sale, export, or transfer are fully taken into account. (b) Inspector General oversight Not later than one year after the date of the enactment of this Act, and annually thereafter for four years, the Inspector General of the Department of State shall submit to the appropriate congressional committees a report on the implementation of the requirement under subsection (a) during the preceding year. 6. Enhancement of congressional oversight of human rights in arms exports (a) In general Any letter of offer to sell, or any application for a license to export or transfer, defense articles or defense services controlled for export shall be subject to the congressional review and disapproval requirements, regardless of monetary value, of section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) if the Secretary of State has credible information, with respect to a country to which the defense articles or defense services are proposed to be sold, exported, or transferred, that— (1) the government of such country on or after the date of enactment of this Act has been deposed by a coup d’etat or decree in which the military played a decisive role, and a democratically elected government has not taken office subsequent to the coup or decree; or (2) a unit of the security forces of the government of such country— (A) has violated international humanitarian law and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation; or (B) has committed a gross violation of human rights, and has not been credibly investigated and subjected to a credible and transparent judicial process addressing such allegation, including, inter alia— (i) torture or rape; (ii) ethnic cleansing of civilians; (iii) recruitment or use of child soldiers; (iv) unjust or wrongful detention; (v) the operation of, or effective control or direction over, secret detention facilities; or (vi) extrajudicial killings, whether by military, police, or other security forces. (b) Inclusion of information in human rights report The Secretary of State shall also provide to the appropriate congressional committees the report described in section 502B(c) of the Foreign Assistance Act ( 22 U.S.C. 2304(c) ) biannually for the period of time specified in subsection (c) of this section regarding any country covered under subsection (a). (c) Duration (1) In general With respect to a letter of offer to sell or an application for a license to sell, export, or transfer described in subsection (a), the letter or application shall be subject to the requirements and procedures for congressional review and disapproval under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ) for 2 years after the date on which the Secretary of State receives the information described in subsection (a). (2) Termination (A) In general With respect to such a letter or application, the enhanced congressional oversight under subsections (a) and paragraph (1) of this subsection shall terminate on the date on which the Secretary of State determines and so informs the appropriate congressional committees that— (i) the credible information described in subsection (a)(2) is inaccurate; or (ii) the activity has ceased, and the government of the applicable country has taken appropriate steps to ensure that such activity does not recur, including appropriate punishment for the person or persons involved in such activity. (B) Information supporting determination The Secretary of State shall submit to the appropriate congressional committees all information forming the basis for a determination under subparagraph (A). The determination shall, to the fullest extent possible, be unclassified, but may include a classified annex. 7. Limitation on sales to security forces involved in gross violation of human rights Section 620M(a) of the Foreign Assistance Act of 1961 ( 23 U.S.C. 2378d(a) ) is amended by striking No assistance and all that follows through Arms Export Control Act and inserting No assistance, including the sale of defense articles or defense services, shall be furnished under this Act, the Arms Export Control Act, or any other provision of law controlling the export or transfer of such articles and services . 8. End use monitoring of misuse of arms in human rights abuses (a) End use monitoring Section 40A(a)(2)(B) of the Arms Export Control Act ( 22 U.S.C. 2785 ) is amended— (1) in clause (i), by striking ; and and inserting a semicolon; (2) in clause (ii), by striking the period at the end and inserting and; ; and (3) by adding at the end the following new clause: (iii) such articles and services are not being used to violate international humanitarian law or internationally recognized human rights. . (b) Report The Secretary shall report to the appropriate congressional committees on the measures that will be taken, including any additional resources needed, to conduct an effective end-use monitoring program to fulfill the requirement of clause (iii) of section 40A(a)(2)(B) of the Arms Export Control Act, as added by subsection (a)(3). 9. Human rights elements in auxiliary reports Section 36(b)(1) of the Arms Export Control Act ( 22 U.S.C. 2776(b)(1) ) is amended— (1) in subparagraph (O), by striking ; and and inserting a semicolon; (2) in subparagraph (P), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (Q) an assessment of the risk that such defense articles or defense services will be used in the commission of violations of international humanitarian law or internationally recognized human rights, and a description of any measures to be taken by the recipient government or by the United States to prevent and monitor any such use. . 10. Requirement for certain weapons to be subject to conditions and end use monitoring as foreign military sales Beginning on the date that is 180 days after the date of the enactment of this Act, the following defense articles may be sold, exported, or transferred only pursuant to section 36(b) of the Arms Export Control Act ( 22 U.S.C. 2776(b) ): (1) Rockets, space launch vehicles, missiles, bombs (including equipment to enable precision guidance), torpedoes, depth charges, mines, and grenades. (2) Armored combat ground vehicles, including ground vehicles and trailers that are armed or are specially designed to be used as a firing or launch platform to deliver munitions or otherwise destroy or incapacitate targets, excluding any unarmed ground vehicles, regardless of origin or designation, manufactured prior to 1956 and unmodified since 1955. (3) Aircraft, whether manned, unmanned, remotely piloted, or optionally piloted, as follows: (A) Bombers. (B) Fighters, fighter/bombers, and fixed-wing attack aircraft. (C) Turbofan- or turbojet-powered trainers used to train pilots for fighter, attack, or bomber aircraft. (D) Attack helicopters. (E) Unmanned aerial vehicles (UAVs) specially designed to incorporate a defense article. (F) Aircraft specially designed to incorporate a defense article for the purpose of performing an intelligence, surveillance, and reconnaissance function. (G) Aircraft specially designed to incorporate a defense article for the purpose of performing an electronic warfare function, airborne warning and control aircraft, or aircraft specially designed to incorporate a defense article for the purpose of performing a command, control, and communications function. 11. Definitions In this Act: (1) The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) The terms defense article and defense service have the same meanings given the terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1473is/xml/BILLS-117s1473is.xml |
117-s-1474 | II 117th CONGRESS 1st Session S. 1474 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Reed (for himself, Ms. Warren , Mr. Brown , Mr. Van Hollen , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To reaffirm the importance of workers.
1. Short title This Act may be cited as the Respect for Workers Act . 2. Board of Governors of the Federal Reserve System The Federal Reserve Act ( 12 U.S.C. 221 et seq.) is amended— (1) in section 2B(b) ( 12 U.S.C. 225b(b) ), by inserting and distributional effect after conduct ; and (2) in section 10 ( 12 U.S.C. 241 ), in the third sentence of the first undesignated paragraph, by inserting and at least 1 member with demonstrated primary experience in supporting or protecting the rights of workers, who shall be the lead member of the Board in charge of promoting effectively and developing policy recommendations for the Board to meet the goal of maximum employment described in section 2A before the period at the end. 3. Applicability The amendment made by section 1(2) shall apply to any appointment to the Board of Governors of the Federal Reserve System made on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1474is/xml/BILLS-117s1474is.xml |
117-s-1475 | II 117th CONGRESS 1st Session S. 1475 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Thune (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Clean Air Act to prohibit the issuance of permits under title V of that Act for certain emissions from agricultural production.
1. Short title This Act may be cited as the Livestock Regulatory Protection Act of 2021 . 2. Prohibition on permitting certain emissions from agricultural production Section 502(f) of the Clean Air Act ( 42 U.S.C. 7661a(f) ) is amended— (1) by redesignating paragraphs (1) through (3) as clauses (i) through (iii), respectively, and indenting appropriately; (2) in the undesignated matter following clause (iii) (as so redesignated), by striking Approval of and inserting the following: (B) No relief of obligation Approval of ; (3) by striking the subsection designation and heading and all that follows through No partial in the matter preceding clause (i) (as so redesignated) and inserting the following: (f) Prohibitions (1) Partial permit programs (A) In general No partial ; and (4) by adding at the end the following: (2) Certain emissions from agricultural production No permit shall be issued under a permit program under this title for any carbon dioxide, nitrogen oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production. . | https://www.govinfo.gov/content/pkg/BILLS-117s1475is/xml/BILLS-117s1475is.xml |
117-s-1476 | II 117th CONGRESS 1st Session S. 1476 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Portman (for himself, Mr. Casey , Mr. Scott of South Carolina , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to enable greater participation by seniors and Medicare beneficiaries in State Medicaid programs for working people with disabilities.
1. Short title This Act may be cited as the Supporting and Empowering the Nation to Improve Outcomes that Reaffirm Careers, Activities, and Recreation for the Elderly Act , or the SENIOR CARE Act . 2. Allowing seniors and Medicare beneficiaries to participate in State Medicaid programs for working people with disabilities Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) is amended in sections 1902(a)(10)(A)(ii)(XV) and 1905(v)(1)(A) by striking , but less than 65, each place it appears. | https://www.govinfo.gov/content/pkg/BILLS-117s1476is/xml/BILLS-117s1476is.xml |
117-s-1477 | II 117th CONGRESS 1st Session S. 1477 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Scott of Florida introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To impose notice and consent requirements on internet platforms that use algorithms to manipulate the availability of content on the platform.
1. Short title This Act may be cited as the Data and Algorithm Transparency Agreement Act or the DATA Act . 2. Notice and consent requirements for internet platforms that use algorithms to manipulate the availability of platform content (a) In general Beginning 1 year after the date of enactment of this Act, any covered platform shall comply with the requirements of subsection (c). (b) Definitions In this Act: (1) Covered data The term covered data means, with respect to an individual, data regarding the habits, traits, preferences, beliefs, or location of the individual. (2) Covered platform the term covered platform means a public-facing website, internet application, or mobile internet application, including a social network, video sharing service, ad network, mobile operating system, search engine, email service, or internet access service that— (A) has not less than 30,000,000 active monthly users in the United States; and (B) uses an algorithm to increase or decrease the availability of content on the website or application. (c) Requirements (1) No collection of covered data without consent (A) In general A covered platform shall not collect any covered data of an individual without obtaining the individual's express consent for such data collection. (B) Revocation of consent; right to delete A covered platform shall— (i) allow any individual to revoke or withdraw the individual's prior consent to the covered platform collecting the individual's covered data; and (ii) at the request of an individual, delete any covered data of the individual collected or held by the platform. (2) No sale, sharing, or conveyance of data without consent (A) In general A covered platform shall not sell, share, or otherwise convey to a third party entity any covered data of an individual without obtaining the individual's express consent. (B) Revocation of consent A covered platform shall allow any individual to revoke or withdraw the individual's prior consent to any sale, sharing, or conveyance of the individual's covered data. (3) Notice of requirements (A) In general A covered platform shall provide notice to users of the platform of the requirements described in paragraphs (1) and (2). (B) Manner of notification The notice required under subparagraph (A) shall contain the information described in subparagraph (C) and shall be provided by a covered platform to a user— (i) in plain language and in a conspicuous manner; (ii) in addition to any notice relating to the terms of service of the platform; (iii) each time the user logs in to the platform unless the user affirmatively waives receiving the notice; and (iv) each time the platform modifies its terms of service. (C) Contents of notification A notice required under this paragraph shall include the following: (i) With respect to the collection of covered data by a covered platform— (I) the type of data to be collected; (II) whether the collection of data will continue beyond the user's immediate use of the covered platform; and (III) how the data will be used by the covered platform. (ii) With respect to the sale, sharing, or conveyance of covered data by a covered platform— (I) the specific data that will be sold, shared, or otherwise conveyed to a third party entity; (II) the name of any third party entity to which data will be sold, shared, or otherwise conveyed; and (III) the country of origin of the third party entity to which the data will be sold, shared, or conveyed. 3. Enforcement (a) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under this Act shall be treated as an unfair or deceptive act or practice in violation of a rule promulgated under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the commission (A) In general The Federal Trade Commission shall enforce this Act and any regulation promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities Any covered entity who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (b) Private right of action (1) In general An individual alleging a violation of this Act may bring a civil action in any court of competent jurisdiction, State or Federal. (2) Injury in fact A violation of this Act with respect to the requirements to notify and obtain the express consent of the user before the user’s data may be collected, sold, shared, or otherwise conveyed to a third-party entity constitutes a concrete and particularized injury in fact to that individual. (3) Relief In a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award— (A) the greater of— (i) not less than $5,000; and (ii) actual damages; and (B) reasonable attorney’s fees and litigation costs. (c) Rulemaking The Federal Trade Commission shall promulgate in accordance with section 553 of title 5, United States Code, such rules as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1477is/xml/BILLS-117s1477is.xml |
117-s-1478 | II 117th CONGRESS 1st Session S. 1478 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Rubio (for himself and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To protect and promote the freedom of the press globally.
1. Short title This Act may be cited as the World Press Freedom Protection and Reciprocity Act . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives . (2) Foreign person The term foreign person means an individual who is not— (A) a United States citizen; or (B) an alien lawfully admitted for permanent residence to the United States. (3) Internationally-recognized right to freedom of expression The term internationally-recognized right to freedom of expression are the rights set forth in— (A) Article 19 of the Universal Declaration of Human Rights, done at Paris December 10, 1948; and (B) Article 19 of the International Covenant on Civil and Political Rights, done at New York December 19, 1966. (4) Major non-NATO ally The term major non-NATO ally means a country designated by the President as a major non-NATO ally pursuant to section 517 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321k ). 3. Statement of policy (a) Findings Congress finds the following: (1) Freedom of the press is a critical component of democratic governance that enhances transparency, accountability, and participation of civil society. (2) United States Government efforts to protect and expand freedom of the press and free expression strengthen the national interests of the United States by— (A) supporting democracy; (B) promoting good governance and public health; (C) mitigating conflict; and (D) encouraging transparency and civil society development around the world. (3) Journalists, media personnel, and other individuals and organizations around the world that receive and impart information and ideas face increasing restrictions, threats, censorship, arbitrary detention, torture, enforced disappearances, extrajudicial killings, and other violence for exercising their internationally-recognized right to freedom of expression. (4) Impunity for attacks on journalists, bloggers, and media personnel is an acute problem around the world and a primary challenge to protecting freedom of expression and freedom of the press. (5) According to research and press freedom rankings issued annually by Freedom House, the Committee to Protect Journalists, and Reporters Without Borders, some of the countries with the most restrictive media and information environments include Cuba, Djibouti, Eritrea, Iran, Laos, Myanmar, North Korea, the Philippines, Saudi Arabia, Syria, Turkmenistan, and Vietnam. (6) Since a failed coup attempt in 2016, the Government of the Republic of Turkey has used terrorism and national security laws to shutter hundreds of media outlets and jail dozens of journalists, compounding the effects of more than a decade of expanding ruling party influence over the ownership of mainstream media in the country at the expense of independent outlets. (7) The People’s Republic of China, which maintains one of the most restrictive media and information environments in the world, seeks to control free speech inside and outside of China through— (A) censorship; (B) onerous media organization registration requirements; (C) harassment and retaliation; (D) imprisonment; (E) conditioning of press credential renewals for all journalists and visa issuance for foreign journalists on positive coverage of China; and (F) the operation of a digital surveillance system so pervasive that both routine and sensitive reporting activities and many aspects of daily life are subject to government monitoring. (8) The Russian Federation has continued to use sophisticated tools to block and control information online and employ draconian laws to pressure independent media. (9) The expansion and export of new technologies used for censorship and surveillance— (A) represent a notable threat to human rights, including press freedoms, transparency, and democratic governance globally; and (B) constitute a critical challenge to United States national interests. (10) Other countries’ restrictions on the activities of United States journalists and media personnel, other countries’ censorship and blocking of websites of United States news and media corporations, and other restrictions on the cross-border flow of information— (A) damage the competitiveness of United States corporations; (B) limit United States access to information critical for United States investors, consumers, and others making market and financial decisions; and (C) should be considered a restriction of trade and the creation of an unfair competitive advantage benefitting foreign government-controlled news organizations and other foreign news and media corporations. (b) Policy statement It is the policy of the United States— (1) to advocate for detained and targeted journalists and other media personnel overseas, including citizen journalists and bloggers; (2) to call on governments, in both bilateral discussions and through multilateral organizations— (A) to end restrictions on the internationally-recognized right to freedom of expression; and (B) to abide by international commitments set forth in— (i) Article 19 of the Universal Declaration of Human Rights, done at Paris December 10, 1948; and (ii) Article 19 of the International Covenant on Civil and Political Rights, done at New York December 19, 1966; (3) to urge foreign governments— (A) to transparently investigate and bring to justice the perpetrators of attacks against journalists, bloggers, and other media personnel; and (B) to halt efforts to censor or block access to news from United States journalists and media personnel and the websites of United States news and media organizations; (4) to highlight threats against freedom of the press in the Department of State’s Annual Country Reports on Human Rights Practices, as required under section 116(d)(12) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d)(12) ), and other public statements by senior Department of State officials; (5) to seek, as part of bilateral diplomatic negotiations globally, conditions for— (A) a free flow of news and information; (B) internet freedom; and (C) an end to visas restrictions for United States media personnel; (6) to link expansion of the free flow of news and information with ongoing and future trade agreements and other bilateral agreements and communiques by seeking language eliminating— (A) all limitations on market access for news agency services; and (B) any restrictions on cross-border data flows involving journalists and the media, including data flowing through the internet; (7) to ensure that pursuing bilateral relationships with foreign governments, particularly governments with restrictive press and information environments, based on the principles of reciprocity across many sectors, including economic, diplomatic, educational, religious, and in the free flow of news and information; and (8) to clearly differentiate, in official statements, media communications, and messaging, between the citizens of a country and the government of such country. 4. Statement of policy regarding protection of foreign journalists and other media personnel globally It is the policy of the United States to consider foreign government officials who are responsible for, are complicit in, or have directly or indirectly engaged in severe restrictions of the internationally-recognized right to freedom of expression, such as arbitrary detention, imprisonment, enforced disappearance, torture, extrajudicial killing, and other substantial threats to the life and liberty of a person, as having committed gross violations of internationally recognized human rights for purposes of imposing sanctions with respect to such officials under— (1) the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 note; subtitle F of title XII of Public Law 114–328 ); and (2) section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6 ). 5. Plan to promote reciprocal access for United States news and media organizations (a) Plan (1) In general The President shall establish a plan for negotiating access for United States news and media companies and their employees globally and work to enhance reciprocity given to news and media companies operating in the United States. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that summarizes the plan required under paragraph (1). (b) Policy statements (1) Findings Congress finds the following: (A) United States news and media organizations, including United States-based media organizations, and information portals are blocked or censored by certain foreign governments, while the United States market remains open to websites of foreign news and media organizations and information portals, including state-owned propaganda organizations. (B) The stark lack of reciprocity in market access for news and media organizations and country access for journalists and media personnel— (i) limits constructive contacts between the United States and the world; and (ii) allows some foreign governments unbalanced influence over their people’s views of the United States and perceptions in the United States of their policies and programs. (C) Foreign governments with a sizable media and information footprint in the United States have a distinct interest in maintaining such footprint. (2) Sense of congress It is the sense of Congress that, in the interest of increasing reciprocal access for United States journalists and news and media organizations and expanding press freedoms globally, the President should proactively pursue bilateral agreements with governments referred to in paragraph (1) to ensure reciprocal access by both countries. 6. Authorization of imposition of sanctions (a) In general The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence— (1) is responsible for the jailing, killing, or torture of journalists or significant efforts to harass, restrict the activities of, terminate the visas of, or threaten the safety of United States journalists and media personnel; (2) acted as an agent, or on behalf, of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing an activity described in paragraph (1). (b) Sanctions described A foreign person described in subsection (a) who is an individual— (1) shall be ineligible to receive a visa from the United States, enter the United States, or be admitted to the United States; and (2) if such individual has been issued a visa or other documentation by the United States that provides any immigration benefit, shall have such visa or other documentation revoked, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ). (c) Termination of sanctions (1) In general The President may terminate the application of sanctions under subsection (b) with respect to an individual if the President makes a determination that— (A) credible information exists that the individual did not engage in the activity for which the sanctions were imposed; (B) the individual has been prosecuted appropriately for the activity for which the sanctions imposed; (C) the individual has— (i) credibly demonstrated a significant change in behavior; (ii) been subject to an appropriate consequence for the activity for which the sanctions were imposed; and (iii) credibly committed to not engage in an activity described in that subsection in the future; or (D) the termination of the application of sanctions is in the national security interests of the United States. (2) Notification Not later than 15 days before the date on which the application of sanctions is terminated under paragraph (1) with respect to an individual, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate , the Committee on the Judiciary of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on the Judiciary of the House of Representatives that describes the justification for such termination. (d) Exception Sanctions described in subsection (b) shall not apply to an individual if admitting the individual into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or any other applicable international obligation of the United States. (e) Waiver The President may waive the application of the sanctions described in subsection (b) with respect to an individual if the President— (1) determines that such a waiver is in the national interest of the United States; and (2) upon granting such a waiver, submits a report to the committees specified in subsection (c)(2) that— (A) details the evidence and justification for the necessity of the waiver; and (B) explains how the waiver relates to the national security of the United States. (f) Report (1) In general Not later than 180 after the date of the enactment of this Act, and annually thereafter for 5 years, the President shall submit a report to the committees referred to in subsection (c)(2) that identifies each individual with respect to which the application of sanctions has been terminated under subsection (c) during the preceding year, including the country of origin of the individual and the dates on which such sanctions were imposed or terminated, as applicable. (2) Form The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (3) Exclusion of personally identifiable information The President may not include any personally identifiable information of any United States citizen in a report submitted under paragraph (1). (4) Applicability of privacy act Any information obtained by the President to complete a report required under paragraph (1) shall be subject to section 552a of title 5, United States Code (commonly known as the Privacy Act ). 7. Clear labeling for informational materials distributed on behalf of foreign missions or foreign principals Section 4(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 614(b) ) is amended by adding at the end the following: Informational materials required to be labeled under this subsection that are in the form of prints shall be marked or stamped conspicuously at the top of the first page with a statement, in the language or languages used therein, that sets forth the information required under this subsection. . 8. Annual country reports on human rights practices (a) Report relating to economic assistance (1) In general Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) an assessment of freedom of expression with respect to electronic information in each foreign country, including the extent to which government authorities in each country— (A) attempt to filter, censor, shape, or otherwise block or remove nonviolent expression of political, religious, ideological opinion via the internet, including electronic mail, and the means by which such authorities attempt to block or remove such expression; (B) have persecuted or otherwise punished an individual or group for the nonviolent expression of political, religious, or ideological opinion via the internet, including electronic mail; (C) have sought to collect, request, obtain, or disclose personally identifiable information of a person in connection with such person’s nonviolent expression of political, religious, or ideological opinion on a foreign platform, including expression that would be protected by the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights; and (D) monitor wire communications and electronic communications without regard to the principles of privacy, human rights, democracy, and rule of law, to the extent that these practices are known. . (2) Conforming amendment Section 116 of such Act, as amended by paragraph (1), is further amended by adding at the end the following: (h) Consultation requirement (1) In general In compiling data and making assessments under subsection (d)(13), United States diplomatic personnel shall consult with human rights organizations, technology and internet companies, and other appropriate nongovernmental organizations. (2) Definitions In this subsection and in subsection (d)(13)— (A) the term electronic communication has the meaning given such term in section 2510(12) of title 18, United States Code; (B) the term internet has the meaning given the term Internet in section 231(e)(3) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(3) ); (C) the term personally identifiable information means data in a form that identifies a specific person; and (D) the term wire communication has the meaning given such term in section 2510(1) of title 18, United States Code. . (b) Report relating to security assistance Section 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304(b) ) is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (2) by inserting (1) after (b) ; (3) by striking Wherever applicable, such report shall include and inserting the following: (2) Wherever applicable, each report required under paragraph (1) shall include— ; (4) by striking consolidated information and inserting the following: (A) consolidated information ; (5) by striking Act of 1987). Wherever applicable, such report shall include information and inserting the following: “Act of 1987); (B) information ; (6) by striking sterilization. Such report shall also include, wherever applicable, information and inserting the following: “sterilization; (C) information ; (7) by striking Act of 1998). Wherever applicable, such report shall include a description and inserting the following: “Act of 1998); and (D) a description ; (8) by striking Such report shall also include, for each country and inserting the following: (3) Each report required under paragraph (1) shall include, for each country ; (9) by striking Each report under this section shall list and inserting the following: (4) Each report required under paragraph (1) shall list ; (10) by striking Each report under this section shall describe and inserting the following: (5) Each report required under paragraph (1) shall describe ; (11) by striking Each report under this section shall also include and inserting the following: (6) Each report required under paragraph (1) shall include— ; (12) by striking (i) wherever applicable and inserting the following: (A) wherever applicable ; (13) by striking hostilities, (ii) what steps and inserting “hostilities; (B) what steps ; (14) by striking practices, and (iii) such other information and inserting “practices; and (C) such other information ; and (15) by striking In determining and inserting the following: (7) Each report required under paragraph (1) shall include an assessment of freedom of expression with respect to electronic information in each foreign country, which shall consist of— (A) an assessment of the extent to which government authorities in each country attempt to filter, censor, shape, or otherwise block or remove nonviolent expression of political, religious, or ideological opinion via the internet, including electronic mail; (B) a description of the means by which such authorities attempt to block or remove such expression; (C) an assessment of the extent to which government authorities in each country have persecuted or otherwise punished an individual or group for the nonviolent expression of political, religious, or ideological opinion or belief via the internet, including electronic mail; (D) an assessment of the extent to which government authorities in each country have sought to collect, request, obtain, or disclose personally identifiable information of a person in connection with such person's nonviolent expression of political, religious, or ideological opinion or belief on a foreign platform, including expression that would be protected by the International Covenant on Civil and Political Rights, done at New York December 19, 1966; and (E) an assessment of the extent to which wire communications and electronic communications are monitored without regard to the principles of privacy, human rights, democracy, and rule of law, to the extent that these practices are known. (8) In determining . | https://www.govinfo.gov/content/pkg/BILLS-117s1478is/xml/BILLS-117s1478is.xml |
117-s-1479 | II 117th CONGRESS 1st Session S. 1479 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Whitehouse (for himself, Mr. Schumer , Mr. Blumenthal , Mrs. Gillibrand , Ms. Hassan , and Mr. Peters ) 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 taxpayers who remove lead-based hazards.
1. Short title; findings; purpose (a) Short title This Act may be cited as the Home Lead Safety Tax Credit Act of 2021 . (b) Findings Congress finds that: (1) Lead is a metal that can produce a wide range of health effects in humans when ingested. Children are more vulnerable to lead poisoning than adults. (2) Lead poisoning is a serious, entirely preventable threat to a child's intelligence, behavior, and learning. In severe cases, lead poisoning can result in death. (3) According to the Department of Housing and Urban Development, approximately 22,000,000 housing units nationwide have at least 1 lead paint hazard. (4) While appropriated Federal lead abatement programs, such as the Lead Hazard Control and Healthy Homes grant programs, have helped reduce childhood lead poisoning, funding constraints have limited their impact to only about 400,000 homes since 1993. (5) Childhood lead poisoning can be dramatically reduced by the abatement or complete removal of all lead-based hazards. Empirical studies also have shown substantial reductions in lead poisoning when the affected properties have undergone interim control measures that are less costly than abatement. (c) Purpose The purpose of this section is to encourage the safe removal of lead hazards from homes and thereby decrease the number of children who suffer reduced intelligence, learning difficulties, behavioral problems, and other health consequences due to lead poisoning. 2. Home lead hazard reduction activity tax credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 36B the following new section: 36C. Home lead hazard reduction activity (a) Allowance of credit (1) In general Subject to paragraph (2), there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to 50 percent of the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for each eligible dwelling unit. (2) Election to apply costs to prior year For purposes of this section, a taxpayer may elect to treat any lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year as having been paid or incurred during the preceding taxable year. (b) Limitations (1) In general Subject to paragraph (3), the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year shall not exceed— (A) $3,000 in the case of lead hazard reduction activity cost including lead abatement measures described in clauses (i), (ii), (iv), or (v) of subsection (c)(1)(A), and (B) $1,000 in the case of lead hazard reduction activity cost including interim lead control measures described in clauses (i), (iii), (iv), and (v) of subsection (c)(1)(A). (2) Other tax credits In the case of any credit against State or local tax liabilities which is allowable under the laws of any State or political subdivision thereof to a taxpayer with respect to any costs paid or incurred by the taxpayer which would otherwise qualify as lead hazard reduction activity costs under this section, the amount of the credit allowed under subsection (a) for any eligible dwelling unit for any taxable year (determined after application of paragraph (1)) shall not exceed an amount equal to the excess, if any, of— (A) the lead hazard reduction activity cost paid or incurred by the taxpayer during the taxable year for such unit, over (B) the amount of such State or local tax credit. (3) Limitation per residence The cumulative amount of the credit allowed under subsection (a) for an eligible dwelling unit for all taxable years shall not exceed $4,000. (c) Definitions and special rules For purposes of this section— (1) Lead hazard reduction activity cost (A) In general The term lead hazard reduction activity cost means, with respect to any eligible dwelling unit— (i) the cost for a certified risk assessor to conduct an assessment to determine the presence of a lead-based hazard (as such terms are defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency), (ii) the cost for performing lead abatement measures by a certified lead abatement supervisor (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency), including the removal of paint, dust, or pipes, the permanent enclosure or encapsulation of lead-based paint or pipes, the replacement of painted surfaces, windows, or fixtures, or the removal or permanent covering of soil when lead-based hazards are present, (iii) the cost for performing interim lead control measures to reduce exposure or likely exposure to lead-based hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based hazards, and the establishment and operation of management and resident education programs, but only if such measures are evaluated and completed by a certified lead abatement supervisor using accepted methods, are conducted by a qualified contractor, and have an expected useful life of more than 10 years, (iv) the cost for a certified lead abatement supervisor, persons working under the supervision of such supervisor, or a qualified contractor to perform all preparation, cleanup, disposal, and clearance testing activities associated with the lead abatement measures or interim lead control measures, and (v) costs incurred by or on behalf of any occupant of such dwelling unit for any relocation which is necessary to achieve occupant protection (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency). (B) Limitation The term lead hazard reduction activity cost does not include any cost to the extent such cost is funded by any grant, contract, or otherwise by another person or any governmental agency. (2) Eligible dwelling unit (A) In general The term eligible dwelling unit means any dwelling unit— (i) which was placed in service before 1978, and (ii) which is located in the United States, without regard to whether such dwelling unit is subsidized or assisted under any Federal program. (B) Dwelling unit The term dwelling unit has the meaning given such term by section 280A(f)(1). (3) Qualified contractor The term qualified contractor means any contractor who has successfully completed a training course on lead safe work practices which has been approved by the Department of Housing and Urban Development and the Environmental Protection Agency. (4) Documentation required for credit allowance No credit shall be allowed under subsection (a) with respect to any eligible dwelling unit for any taxable year unless, after lead hazard reduction activity is complete, a certified inspector (as such term is defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency) or certified risk assessor provides written documentation to the taxpayer that includes— (A) evidence that— (i) the eligible dwelling unit meets the lead hazard reduction criteria defined by the Secretary, in consultation with the Administrator of the Environmental Protection Agency, or (ii) the eligible dwelling unit meets lead hazard evaluation criteria established under an authorized State or local program, and (B) documentation showing that the lead hazard reduction activity meets the requirements of this section. (5) Basis reduction The basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit. (6) No double benefit Any deduction allowable for costs taken into account in computing the amount of the credit for lead hazard reduction activity shall be reduced by the amount of such credit attributable to such costs. (d) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2021, each of the dollar amounts in subsection (b) shall be increased by an amount equal to— (1) such dollar amount, multiplied by (2) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting ‘calendar year 2020’ for ‘calendar year 2016’ in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100. (e) Termination This section shall not apply to any amount paid or incurred after December 31, 2024. . (b) Conforming amendments (1) Section 1324(b)(2) of title 31, United States Code, is amended by inserting “, 36C” after “36B”. (2) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting before the item relating to section 37 the following new item: Sec. 36C. Home lead hazard reduction activity. . (c) Effective date The amendments made by this section shall apply to lead hazard reduction activity costs incurred after December 31, 2020, in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s1479is/xml/BILLS-117s1479is.xml |
117-s-1480 | II 117th CONGRESS 1st Session S. 1480 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Hassan (for herself, Mr. Rubio , Mr. Kaine , Mr. Cramer , Mr. Reed , Ms. Murkowski , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Education to deem each month for which certain Federal student loans are in deferment during a period of active duty service as months counted toward public service loan forgiveness.
1. Short title This Act may be cited as the Recognizing Military Service in PSLF Act . 2. Active duty deferment periods counted toward public service loan forgiveness Section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) ) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (2) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (2) and inserting paragraph (3) ; and (3) by inserting after paragraph (1) the following: (2) Active duty deferment periods Notwithstanding any other provision of this subsection, the Secretary shall deem each month for which a loan payment was in deferment under subsection (f)(2) of this section or for which a loan payment was in forbearance under section 685.205(a)(7) of title 34, Code of Federal Regulations, (or similar successor regulations), for a borrower described in subsection (f)(2)(C) as if the borrower of the loan had made a payment for the purpose of public service loan forgiveness under this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-117s1480is/xml/BILLS-117s1480is.xml |
117-s-1481 | II 117th CONGRESS 1st Session S. 1481 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Van Hollen (for himself, Mr. Young , and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide duty-free treatment for certain goods from designated Reconstruction Opportunity Zones in Pakistan and Afghanistan, and for other purposes.
1. Short title This Act may be cited as the Pakistan-Afghanistan Economic Development Act . 2. Purposes The purposes of this Act are— (1) to stimulate economic activity and development in Afghanistan and the border region of Pakistan, critical fronts in the struggle against violent extremism; (2) to reflect the strong support that the United States has pledged to Pakistan and Afghanistan to build regional stability; and (3) to offer a vital opportunity— (A) to improve livelihoods of indigenous populations of Reconstruction Opportunity Zones; and (B) to promote good governance in the region. 3. Definitions In this Act: (1) Agreement on Textiles and Clothing The term Agreement on Textiles and Clothing means the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act ( 19 U.S.C. 3511(d)(4) ). (2) Category; textile and apparel category number The terms category and textile and apparel category number mean the number assigned under the U.S. Textile and Apparel Category System of the Office of Textiles and Apparel of the Department of Commerce, as listed in the HTS under the applicable heading or subheading (as in effect on January 22, 2020). (3) Core labor standards The term core labor standards means— (A) freedom of association; (B) the effective recognition of the right to bargain collectively; (C) the elimination of all forms of compulsory or forced labor; (D) the effective abolition of child labor and a prohibition on the worst forms of child labor; and (E) the elimination of discrimination in respect of employment and occupation. (4) Entered The term entered means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (5) Entity The term entity means— (A) a natural person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, whether or not for-profit; (B) any governmental entity or instrumentality of a government; and (C) any successor, subunit, or subsidiary of any entity described in subparagraph (A) or (B). (6) HTS The term HTS means the Harmonized Tariff Schedule of the United States. (7) Reconstruction Opportunity Zone (A) In general The term Reconstruction Opportunity Zone means any area described in subparagraph (B) that— (i) has been designated by the competent authorities in Pakistan or Afghanistan, as the case may be, as an area in which merchandise may be introduced without payment of duty or excise tax; and (ii) has been designated by the President as a Reconstruction Opportunity Zone pursuant to section 4(a). (B) Area described An area described in this subparagraph is an area that solely encompasses portions of the territory of the following: (i) Afghanistan. (ii) One or more of the following areas of Pakistan: (I) The 7 tribal agencies formerly known as the Federally Administered Tribal Areas and also known as the newly merged districts . (II) Khyber Pakhtunkhwa. (III) Areas of Baluchistan that are within 100 miles of the border between Pakistan and Afghanistan. (8) USMCA The term USMCA means the Agreement between the United States of America, the United Mexican States, and Canada, which is— (A) attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019; and (B) approved by Congress under section 101(a)(1) of the United States-Mexico-Canada Agreement Implementation Act. 4. Designation of Reconstruction Opportunity Zones (a) Authority To designate The President may designate an area within Pakistan or Afghanistan described in subparagraph (A)(i) of section 3(8) as a Reconstruction Opportunity Zone if— (1) after consideration of the factors set forth in subsection (c) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462(c) ), the President determines that Pakistan or Afghanistan, as the case may be, is eligible for designation as a beneficiary developing country under that section and is not ineligible under subsection (b) of such section; and (2) the President determines that— (A) Pakistan or Afghanistan, as the case may be, meets the eligibility criteria set forth in subsection (b); and (B) designation of the area as a Reconstruction Opportunity Zone is appropriate taking into account the factors listed in subsection (c). (b) Eligibility criteria Pakistan or Afghanistan meets the eligibility criteria set forth in this subsection if Pakistan or Afghanistan, as the case may be— (1) has established, or is making continual progress toward establishing— (A) a market-based economy that— (i) protects private property rights; (ii) incorporates an open rules-based trading system; and (iii) minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; (C) economic policies— (i) to reduce poverty; (ii) to increase the availability of health care and educational opportunities; (iii) to expand physical infrastructure; (iv) to promote the development of private enterprise; and (v) to encourage the formation of capital markets through microcredit or other programs; (D) a system to combat corruption and bribery, such as a system involving ratification and implementation of the United Nations Convention Against Corruption, done at New York October 31, 2003; and (E) the protection of core labor standards; (2) is eliminating or has eliminated barriers to trade and investment, including— (A) by providing national treatment and measures to create an environment conducive to domestic and foreign investment; (B) by protecting intellectual property; and (C) by resolving bilateral trade and investment disputes; (3) does not engage in activities that undermine the national security or foreign policy interests of the United States; (4) does not engage in gross violations of internationally recognized human rights; (5) does not provide support for acts of international terrorism; and (6) cooperates in international efforts to eliminate human rights violations and terrorist activities. (c) Additional factors In determining whether to designate an area in Pakistan or Afghanistan as a Reconstruction Opportunity Zone, the President shall take into account— (1) an expression by the Government of Pakistan or Afghanistan, as the case may be, of its desire to have a particular area designated as a Reconstruction Opportunity Zone under this Act; (2) whether that Government has provided the United States with a monitoring and enforcement plan outlining specific actions that Government will take to cooperate with the United States— (A) to facilitate legitimate cross-border commerce; (B) to ensure that articles for which duty-free treatment is sought pursuant to this Act satisfy the applicable rules of origin described in sections 5 and 6; and (C) to prevent unlawful transshipment, as described in section 7(b)(4); (3) the potential for such designation to create local employment and to promote local and regional economic development; (4) the physical security of the proposed Reconstruction Opportunity Zone; (5) the economic viability of the proposed Reconstruction Opportunity Zone, including— (A) whether there are commitments to finance economic activity proposed for the Reconstruction Opportunity Zone; and (B) whether there is existing or planned infrastructure for power, water, transportation, and communications in the area; (6) whether such designation would be compatible with and contribute to the foreign policy and national security objectives of the United States, taking into account the information provided under subsection (d); and (7) the comments of interested persons submitted pursuant to subsection (e). (d) Information relating to compatibility with and contribution to foreign policy and national security objectives of the United States (1) In general In determining whether designation of a Reconstruction Opportunity Zone would be compatible with and contribute to the foreign policy and national security objectives of the United States in accordance with subsection (c)(6), the President shall take into account whether the Government of Pakistan or Afghanistan, as the case may be, has provided the United States with a plan outlining specific actions that Government will take to verify the ownership and nature of the activities of entities to be located in the proposed Reconstruction Opportunity Zone. (2) Elements The specific actions outlined in a plan described in paragraph (1) shall include methods— (A) to annually register each entity by a competent authority in Pakistan or Afghanistan, as the case may be; (B) to collect information from each entity operating in, or proposing to operate in, a Reconstruction Opportunity Zone, including— (i) the name and address of the entity; (ii) the name and location of all facilities owned or operated by the entity that are operating in, or proposed to be operating in, a Reconstruction Opportunity Zone; (iii) the name, nationality, date and place of birth, and position title of each person who is an owner, director, or officer of the entity; and (iv) the nature of the activities of each entity; (C) to update the information required under subparagraph (B) as changes occur; and (D) to provide such information promptly to the Secretary of State. (e) Opportunity for public comment Before the President designates an area as a Reconstruction Opportunity Zone pursuant to subsection (a), the President shall provide an opportunity for interested persons to submit comments concerning the designation. (f) Notification to Congress Before the President designates an area as a Reconstruction Opportunity Zone pursuant to subsection (a), the President shall notify Congress of the President’s intention to make the designation and the reasons for making the designation. 5. Duty-free treatment for certain nontextile and nonapparel articles (a) In general The President may proclaim duty-free treatment for— (1) any article from a Reconstruction Opportunity Zone that the President has designated as an eligible article under section 503(a)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2463(a)(1)(A) ); (2) any article from a Reconstruction Opportunity Zone located in Afghanistan that the President has designated as an eligible article under section 503(a)(1)(B) of the Trade Act of 1974 ( 19 U.S.C. 2463(a)(1)(B) ); or (3) any article from a Reconstruction Opportunity Zone that is not a textile or apparel article, regardless of whether the article has been designated as an eligible article under subparagraph (A) or (B) of section 503(a)(1) of the Trade Act of 1974 ( 19 U.S.C. 2463(a)(1) ), if, after receiving the advice of the United States International Trade Commission pursuant to subsection (b), the President determines that the article is not import-sensitive in the context of imports from a Reconstruction Opportunity Zone. (b) Advice concerning certain eligible articles Before proclaiming duty-free treatment for an article pursuant to subsection (a)(3), the President shall publish in the Federal Register and provide to the United States International Trade Commission a list of articles that may be considered for such treatment. The provisions of sections 131 through 134 of the Trade Act of 1974 ( 19 U.S.C. 2151 through 2154) shall apply to any designation under subsection (a)(3) in the same manner as such sections apply to action taken under section 123 of the Trade Act of 1974 ( 19 U.S.C. 2133 ) regarding a proposed trade agreement. (c) General rules of origin (1) In general The duty-free treatment proclaimed with respect to an article described in paragraph (1) or (3) of subsection (a) shall apply to any article subject to such proclamation that is the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones if— (A) that article is imported directly from a Reconstruction Opportunity Zone into the customs territory of the United States; and (B) (i) with respect to an article that is an article of a Reconstruction Opportunity Zone in Pakistan, the sum of— (I) the cost or value of the materials produced in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan, (II) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan, and (III) the cost or value of materials produced in the United States, determined in accordance with paragraph (2), is not less than 35 percent of the appraised value of the article at the time it is entered into the United States; or (ii) with respect to an article that is an article of a Reconstruction Opportunity Zone in Afghanistan, the sum of— (I) the cost or value of the materials produced in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan, (II) the cost or value of the materials produced in 1 or more countries that are members of the South Asian Association for Regional Cooperation, (III) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan, and (IV) the cost or value of materials produced in the United States, determined in accordance with paragraph (2), is not less than 35 percent of the appraised value of the article at the time it is entered into the United States. (2) Determination of 35 percent for articles from Reconstruction Opportunity Zones If the cost or value of materials produced in the customs territory of the United States is included with respect to an article described in paragraph (1), for purposes of determining the 35-percent appraised value requirement under that paragraph, not more than 15 percent of the appraised value of the article at the time the article is entered into the United States may be attributable to the cost or value of such United States materials. (d) Rules of origin for certain articles of Reconstruction Opportunity Zones in afghanistan (1) In general The duty-free treatment proclaimed with respect to an article described in subsection (a)(2) shall apply to any article subject to such proclamation that is the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones in Afghanistan if— (A) that article is imported directly from a Reconstruction Opportunity Zone in Afghanistan into the customs territory of the United States; and (B) with respect to that article, the sum of— (i) the cost or value of the materials produced in 1 or more Reconstruction Opportunity Zones in Afghanistan, (ii) the cost or value of the materials produced in 1 or more countries that are members of the South Asian Association for Regional Cooperation, (iii) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones in Afghanistan, and (iv) the cost or value of materials produced in the United States, determined in accordance with paragraph (2), is not less than 35 percent of the appraised value of the product at the time it is entered into the United States. (2) Determination of 35 percent for articles from reconstruction opportunity zones If the cost or value of materials produced in the customs territory of the United States is included with respect to an article described in paragraph (1)(B), for purposes of determining the 35-percent appraised value requirement under that paragraph, not more than 15 percent of the appraised value of the article at the time the article is entered into the United States may be attributable to the cost or value of such United States materials. (e) Exclusions An article shall not be treated as the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones, and no material shall be included for purposes of determining the 35-percent appraised value requirement under subsection (c)(1) or (d)(1), by virtue of having merely undergone— (1) simple combining or packaging operations; or (2) mere dilution with water or with another substance that does not materially alter the characteristics of the article or material. (f) Direct costs of processing operations (1) In general For purposes of subsections (c) and (d), the term direct costs of processing operations includes— (A) all actual labor costs relating to the growth, production, manufacture, or assembly of the article, including— (i) fringe benefits; (ii) on-the-job training; and (iii) costs of engineering, supervisory, quality control, and similar personnel; and (B) costs relating to dyes, molds, tooling, and depreciation on machinery and equipment that are allocable to the article. (2) Excluded costs For purposes of subsections (c) and (d), the term direct costs of processing operations does not include costs that are not directly attributable to the article or are not costs of manufacturing the article, such as— (A) profit; and (B) general expenses of doing business that are either not allocable to the article or are not related to the growth, production, manufacture, or assembly of the article, such as administrative salaries, casualty and liability insurance, advertising, and salesmen’s salaries, commissions, or expenses. (g) Regulations The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section. The regulations may provide that, in order for an article to be eligible for duty-free treatment under this section, the article shall be— (1) wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones; or (2) a new or different article of commerce that has been grown, produced, or manufactured in 1 or more Reconstruction Opportunity Zones. 6. Duty-free treatment for certain textile and apparel articles (a) Duty-Free treatment The President may proclaim duty-free treatment for any textile or apparel article described in subsection (b) if the President determines that Pakistan or Afghanistan, as the case may be, has satisfied the requirements set forth in section 7. (b) Textile or apparel articles described A textile or apparel article described in this subsection is an article in 1 of the following categories: (1) Articles of Reconstruction Opportunity Zones An article that— (A) is the product of 1 or more Reconstruction Opportunity Zones; and (B) falls within the scope of 1 of the following textile and apparel category numbers, as set forth in the HTS (as in effect on January 22, 2020): 237 641 751 330 642 752 331 643 758 333 644 759 334 650 831 335 651 832 336 653 833 341 654 834 342 665 835 350 669 836 351 733 838 353 734 839 354 735 840 360 736 842 361 738 843 362 739 844 363 740 845 369 741 846 465 742 850 469 743 851 630 744 852 631 745 858 633 746 859 634 747 863 635 748 899 636 750 (2) Articles of Reconstruction Opportunity Zones in Afghanistan An article that— (A) is the product of 1 or more Reconstruction Opportunity Zones in Afghanistan; and (B) falls within the scope of 1 of the following textile and apparel category numbers, as set forth in the HTS (as in effect on January 22, 2020): 201 439 459 414 440 464 431 442 670 433 444 800 434 445 810 435 446 870 436 448 871 438 (3) Certain other textile and apparel articles An article that— (A) is the product of 1 or more Reconstruction Opportunity Zones; (B) falls within the scope of 1 of the following textile and apparel category numbers as set forth in the HTS (as in effect on January 22, 2020); and (C) is covered by the corresponding description for such category: (i) Category 239 An article in category 239 (relating to cotton and man-made fiber babies’ garments) except for baby socks and baby booties described in subheading 6111.20.6050, 6111.30.5050, or 6111.90.5050 of the HTS. (ii) Category 338 An article in category 338 (relating to men’s and boys’ cotton knit shirts) if the article is a certain knit-to-shape garment that meets the definition included in Statistical Note 6 to Chapter 61 of the HTS, and is provided for in subheading 6110.20.1026, 6110.20.2067 or 6110.90.9067 of the HTS. (iii) Category 339 An article in category 339 (relating to women’s and girls’ cotton knit shirts and blouses) if the article is a knit-to-shape garment that meets the definition included in Statistical Note 6 to Chapter 61 of the HTS, and is provided for in subheading 6110.20.1031, 6110.20.2077, or 6110.90.9071 of the HTS. (iv) Category 359 An article in category 359 (relating to other cotton apparel) except swimwear provided for in subheading 6112.39.0010, 6112.49.0010, 6211.11.8010, 6211.11.8020, 6211.12.8010, or 6211.12.8020 of the HTS. (v) Category 632 An article in category 632 (relating to man-made fiber hosiery) if the article is panty hose provided for in subheading 6115.21.0020 of the HTS. (vi) Category 638 An article in category 638 (relating to men’s and boys’ man-made fiber knit shirts) if the article is a knit-to-shape garment that meets the definition included in Statistical Note 6 to Chapter 61 of the HTS, and is provided for in subheading 6110.30.2051, 6110.30.3051, or 6110.90.9079 of the HTS. (vii) Category 639 An article in category 639 (relating to women’s and girls’ man-made fiber knit shirts and blouses) if the article is a knit-to-shape garment that meets the definition included in Statistical Note 6 to Chapter 61 of the HTS, and is provided for in subheading 6110.30.2061, 6110.30.3057, or 6110.90.9081 of the HTS. (viii) Category 647 An article in category 647 (relating to men’s and boys’ man-made fiber trousers) if the article is ski/snowboard pants that meets the definition included in Statistical Note 4 to Chapter 62 of the HTS, and is provided for in subheading 6203.43.3510, 6210.40.5031, or 6211.20.1525 of the HTS. (ix) Category 648 An article in category 648 (relating to women’s and girls’ man-made fiber trousers) if the article is ski/snowboard pants that meets the definition included in Statistical Note 4 to Chapter 62 of the HTS, and is provided for in subheading 6204.63.3010, 6210.50.5031, or 6211.20.1555 of the HTS. (x) Category 659 An article in category 659 (relating to other man-made fiber apparel) except for swimwear provided for in subheading 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, or 6211.12.1020 of the HTS. (xi) Category 666 An article in category 666 (relating to other man-made fiber furnishings) except for window shades and window blinds provided for in subheading 6303.12.0010 or 6303.92.2030 of the HTS. (4) Certain other articles An article that— (A) is the product of 1 or more Reconstruction Opportunity Zones; and (B) falls within the scope of 1 of the following statistical reporting numbers of the HTS (as in effect on January 22, 2020): 4202.12.8010 6210.20.3000 6304.99.1000 4202.12.8050 6210.20.7000 6304.99.2500 4202.22.4010 6210.30.3000 6304.99.4000 4202.22.7000 6210.30.7000 6304.99.6030 4202.22.8070 6210.40.3000 6306.22.9010 4202.92.3010 6210.40.7000 6306.29.1100 4202.92.6010 6210.50.3000 6306.29.2100 4202.92.9010 6210.50.7000 6306.40.4100 4202.92.9015 6211.20.0810 6306.40.4900 5601.29.0010 6211.20.0820 6306.91.0000 5702.39.2090 6211.32.0003 6306.99.0000 5702.49.2000 6211.33.0003 6307.10.2030 5702.50.5900 6211.42.0003 6307.20.0000 5702.99.2000 6211.43.0003 6307.90.7200 5703.90.0000 6212.10.3000 6307.90.7500 5705.00.2090 6212.10.7000 6307.90.8500 6108.22.1000 6212.90.0050 6307.90.8950 6111.90.7000 6213.90.0500 6307.90.8985 6113.00.1005 6214.10.1000 6310.90.1000 6113.00.1010 6216.00.0800 6406.99.1580 6113.00.1012 6216.00.1300 6501.00.6000 6115.29.4000 6216.00.1900 6502.00.2000 6115.30.1000 6216.00.2600 6502.00.4000 6115.99.4000 6216.00.3100 6502.00.9060 6116.10.0800 6216.00.3500 6504.00.3000 6116.10.1300 6216.00.4600 6504.00.6000 6116.10.4400 6217.10.1010 6504.00.9045 6116.10.6500 6217.10.8500 6504.00.9075 6116.10.9500 6301.90.0020 6505.10.0000 6116.92.0800 6302.29.0010 6505.90.8015 6116.93.0800 6302.39.0020 6505.90.9050 6116.99.3500 6302.59.3010 6505.90.9076 6117.10.4000 6302.99.1000 9404.90.2000 6117.80.3010 6303.99.0030 9404.90.8523 6117.80.8500 6304.19.3030 9404.90.9523 6210.10.2000 6304.91.0060 9404.90.9570 6210.10.7000 (c) Rules of origin for certain covered articles (1) General rules Except with respect to an article listed in paragraph (2) of subsection (b), the President may proclaim duty-free treatment for a textile or apparel article described in that subsection only if the article is imported directly into the customs territory of the United States from a Reconstruction Opportunity Zone and— (A) the article is wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones; (B) the article is a yarn, thread, twine, cordage, rope, cable, or braiding, and— (i) the constituent staple fibers are spun in, or (ii) the continuous filament fiber is extruded in, 1 or more Reconstruction Opportunity Zones; (C) the article is a fabric, including a fabric classifiable under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in 1 or more Reconstruction Opportunity Zones; or (D) the article is any other textile or apparel article that is cut (or knit-to-shape) and sewn or otherwise assembled in 1 or more Reconstruction Opportunity Zones from its component pieces. (2) Special rules (A) Certain made-up articles, textile articles in the piece, and certain other textiles and textile articles Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, subparagraph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether an article that is classifiable under 1 of the following headings or subheadings of the HTS shall be considered to meet the rules of origin of this subsection: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90. (B) Certain knit-to-shape textiles and textile articles Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, a textile or apparel article that is wholly formed on seamless knitting machines or by hand-knitting in 1 or more Reconstruction Opportunity Zones shall be considered to meet the rules of origin of this subsection. (C) Certain dyed and printed textiles and textile articles Notwithstanding paragraph (1)(D), an article classifiable under subheading 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an article classifiable under 1 of such subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton, shall be considered to meet the rules of origin of this subsection if the fabric in the article is both dyed and printed in 1 or more Reconstruction Opportunity Zones, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing. (D) Fabrics of silk, cotton, man-made fiber, or vegetable fiber Notwithstanding paragraph (1)(C), a fabric classifiable under the HTS as of silk, cotton, man-made fiber, or vegetable fiber shall be considered to meet the rules of origin of this subsection if the fabric is both dyed and printed in 1 or more Reconstruction Opportunity Zones, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing. (d) Rules of origin for covered articles that are products of 1 or more Reconstruction Opportunity Zones in Afghanistan (1) General rules Duty-free treatment may be proclaimed for an article listed in subsection (b)(2) only if the article is imported directly into the customs territory of the United States from a Reconstruction Opportunity Zone in Afghanistan and— (A) the article is wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones in Afghanistan, (B) the article is a yarn, thread, twine, cordage, rope, cable, or braiding, and— (i) the constituent staple fibers are spun in, or (ii) the continuous filament fiber is extruded in, 1 or more Reconstruction Opportunity Zones in Afghanistan; (C) the article is a fabric, including a fabric classifiable under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in 1 or more Reconstruction Opportunity Zones in Afghanistan; or (D) the article is any other textile or apparel article that is cut (or knit-to-shape) and sewn or otherwise assembled in 1 or more Reconstruction Opportunity Zones in Afghanistan from its component pieces. (2) Special rules (A) Certain made-up articles, textile articles in the piece, and certain other textiles and textile articles Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, subparagraph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether an article that is classifiable under 1 of the following headings or subheadings of the HTS shall be considered to meet the rules of origin of this subsection: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90. (B) Certain knit-to-shape textiles and textile articles Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, a textile or apparel article that is wholly formed on seamless knitting machines or by hand-knitting in 1 or more Reconstruction Opportunity Zones in Afghanistan shall be considered to meet the rules of origin of this subsection. (C) Certain dyed and printed textiles and textile articles Notwithstanding paragraph (1)(D), an article classifiable under subheading 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an article classifiable under 1 of such subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton, shall be considered to meet the rules of origin of this subsection if the fabric in the article is both dyed and printed in 1 or more Reconstruction Opportunity Zones in Afghanistan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing. (D) Fabrics of silk, cotton, man-made fiber or vegetable fiber Notwithstanding paragraph (1)(C), a fabric classifiable under the HTS as of silk, cotton, man-made fiber, or vegetable fiber shall be considered to meet the rules of origin of this subsection if the fabric is both dyed and printed in 1 or more Reconstruction Opportunity Zones in Afghanistan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing. (e) Regulations The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section. 7. Protections against unlawful transshipment (a) Duty-Free treatment conditioned on enforcement measures (1) In general The President may not proclaim duty-free treatment described in section 6 for textile or apparel articles described in subsection (b) of that section that are imported from a Reconstruction Opportunity Zone unless the President determines that the Government of Pakistan or Afghanistan, as the case may be— (A) has adopted an effective visa or electronic certification system, domestic laws, and enforcement procedures applicable to such articles to prevent unlawful transshipment of the articles and the use of false documents relating to the importation of such articles into the United States; (B) has enacted legislation or promulgated regulations that would permit U.S. Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of unlawful transshipment through Pakistan or Afghanistan, as the case may be; (C) agrees to provide U.S. Customs and Border Protection with a monthly report on shipments of such articles from each facility engaged in the production of such articles in a Reconstruction Opportunity Zone; (D) will cooperate fully with the United States to address and take action necessary to prevent circumvention, as described in article 5 of the Agreement on Textiles and Clothing; (E) agrees to require each entity engaged in the production or manufacture of such articles in a Reconstruction Opportunity Zone— (i) to register with the competent government authority; (ii) to provide that authority with— (I) the name and address of the entity, including the location of all textile or apparel facilities owned or operated by that entity in Pakistan or Afghanistan, as the case may be; (II) the telephone number, facsimile number, and electronic mail address of the entity; (III) the names and nationalities of the owners, directors, and corporate officers of the entity, and their positions within the entity; (IV) the number of employees of the entity and their occupations; (V) a general description of the textile and apparel articles described in section 6(b) the entity produces and the production capacity of the entity; (VI) the number and type of machines the entity uses to produce such articles at each facility; (VII) the approximate number of hours the machines operate per week; (VIII) the identity of any supplier to the entity of such articles, or fabrics, yarns, or fibers used in the production of such articles; and (IX) the name of, and contact information for, each of the customers of the entity in the United States; and (iii) to update the information under clause (ii) as changes occur; (F) agrees to provide to U.S. Customs and Border Protection on a timely basis all of the information received by the competent government authority under subparagraph (E) and to provide U.S. Customs and Border Protection with an annual update of that information; (G) agrees to require that all producers and exporters of textile and apparel articles described in section 6(b) in a Reconstruction Opportunity Zone maintain complete records of the production and the export of such articles, including materials used in the production, for at least 5 years after the production or export (as the case may be); and (H) agrees to provide, on a timely basis, at the request of U.S. Customs and Border Protection, documentation establishing the eligibility of such articles for duty-free treatment under section 6. (2) Documentation establishing eligibility of articles for duty-free treatment For purposes of paragraph (1)(H), documentation establishing the eligibility of a textile or apparel article described in section 6(b) for duty-free treatment under section 6 includes documentation such as production records, information relating to the place of production, the number and identification of the types of machinery used in production, the number of workers employed in production, and certification from the manufacturer and the exporter. (b) Customs procedures and enforcement (1) In general (A) Regulations The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe regulations setting forth customs procedures similar in all material respects to the requirements of article 5.4 of the USMCA as implemented pursuant to United States law, which shall apply to any importer that claims duty-free treatment for an article under section 6. (B) Determination In order for articles produced in a Reconstruction Opportunity Zone to qualify for duty-free treatment under section 6, there shall be in effect a determination by the President that Pakistan or Afghanistan, as the case may be— (i) has implemented and follows, or (ii) is making substantial progress toward implementing and following, procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the USMCA. (2) Certificate of origin A certificate of origin that otherwise would be required pursuant to the provisions of paragraph (1) shall not be required in the case of an article imported under section 6 if such certificate of origin would not be required under article 5.5 of the USMCA, as implemented pursuant to United States law, if the article were imported from Mexico. (3) Penalties If the President determines, based on sufficient evidence, that an entity has engaged in unlawful transshipment described in paragraph (4), the President shall deny for a period of 5 years beginning on the date of the determination duty-free treatment under section 6 for articles of the entity, any successor of the entity, and any other entity owned, operated, or controlled by the principals of the entity. (4) Unlawful transshipment described For purposes of this section, unlawful transshipment occurs when duty-free treatment for a textile or apparel article described in section 6(b) has been claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of the preceding sentence, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for duty-free treatment under section 6. (5) Monitoring and reports to Congress The Commissioner of U.S. Customs and Border Protection shall monitor and, not later than March 31 of each year, submit to Congress a report on— (A) the effectiveness of the visa or electronic certification systems and the implementation of legislation and regulations described in subsection (a); and (B) measures taken by the governments of Pakistan and Afghanistan to prevent circumvention as described in article 5 of the Agreement on Textile and Clothing. (c) Additional customs enforcement (1) In general The Commissioner of U.S. Customs and Border Protection shall— (A) make available technical assistance to Pakistan and Afghanistan— (i) in the development and implementation of visa or electronic certification systems, legislation, and regulations described in subparagraphs (A) and (B) of subsection (a)(1); and (ii) to train officials of Pakistan and Afghanistan in anti-transshipment enforcement; (B) send production verification teams to Pakistan and Afghanistan as necessary; and (C) to the extent feasible, include Pakistan and Afghanistan in the Electronic Certification System of U.S. Customs and Border Protection or other relevant electronic certification program. (2) Authorization of appropriations There is authorized to be appropriated to U.S. Customs and Border Protection to carry out this subsection $10,000,000 for each of fiscal years 2021 through 2031. 8. Technical assistance, capacity building, compliance assessment, and remediation program (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) Textile or apparel exporting enterprise The term textile or apparel exporting enterprise means a producer of textile or apparel articles that is located in a Reconstruction Opportunity Zone and is seeking or receiving any duty-free treatment for articles under section 6. (b) Eligibility (1) Presidential certification of compliance with requirements Upon the expiration of the 24-month period beginning on the date on which the President notifies Congress of the President’s intention to designate an area within Pakistan or Afghanistan as a Reconstruction Opportunity Zone under section 4, duty-free treatment shall continue to apply under this Act only if the President determines and certifies to Congress that the Government of Pakistan or Afghanistan, as the case may be— (A) has implemented the requirements set forth in subsections (c) and (d); and (B) has agreed to require textile or apparel exporting enterprises to participate in the program described in subsection (d) and has developed a system to ensure participation in such program by such enterprises, including by developing and maintaining the registry described in subsection (c)(2)(A). (2) Extension The President may extend the period for compliance by Pakistan or Afghanistan under paragraph (1) if the President— (A) determines that the Government of Pakistan or Afghanistan, as the case may be, has made a good faith effort toward such compliance and has agreed to take additional actions to come into full compliance that are satisfactory to the President; and (B) not later than 180 days after the last day of the 24-month period specified in paragraph (1), and every 180 days thereafter, submits to the appropriate congressional committees a report identifying— (i) the actions that the Government of Pakistan or Afghanistan, as the case may be, has agreed to take to come into full compliance under paragraph (1); and (ii) the progress made over the preceding 180-day period in implementing such actions. (3) Continuing compliance (A) Termination of eligibility for duty-free treatment If, after making a certification under paragraph (1), the President determines that Pakistan or Afghanistan is no longer meeting the requirements set forth in paragraph (1), the President shall terminate the eligibility of Pakistan or Afghanistan, as the case may be, provided under section 4(b), unless the President determines, after consulting with the appropriate congressional committees, that meeting such requirements is not practicable because of extraordinary circumstances existing in Pakistan or Afghanistan, as the case may be, when the determination is made. (B) Subsequent compliance If, after terminating the eligibility of Pakistan or Afghanistan under subparagraph (A), the President determines that Pakistan or Afghanistan, as the case may be, is meeting the requirements set forth in paragraph (1), the President shall reinstate the eligibility of Pakistan or Afghanistan, as the case may be, under section 4(b). (c) Labor official (1) In general The governments of Pakistan and Afghanistan shall designate a labor official within that Government who— (A) reports directly to the President of Pakistan or Afghanistan, as the case may be; (B) is chosen by the President of Pakistan or Afghanistan, as the case may be, in consultation with labor unions and industry associations; and (C) is vested with the authority to perform the functions described in paragraph (2). (2) Functions The functions of the labor official designated under paragraph (1) shall include— (A) developing and maintaining a registry of textile or apparel exporting enterprises, and developing, in consultation and coordination with any other appropriate officials of the Government of Pakistan or Afghanistan, as the case may be, a system to ensure participation by such enterprises in the program described in subsection (d); (B) overseeing the implementation of the program described in subsection (d); (C) receiving and investigating comments from any interested party regarding the conditions described in subsection (d)(2) in facilities of textile or apparel exporting enterprises listed in the registry described in subparagraph (A) and, as appropriate, referring such comments or the result of such investigations to the appropriate authorities of Pakistan or Afghanistan, as the case may be, or to the entity operating the program described in subsection (d); (D) assisting, in consultation and coordination with any other appropriate authorities of Pakistan or Afghanistan, as the case may be, textile or apparel exporting enterprises listed in the registry described in subparagraph (A) in meeting the conditions described in subsection (d)(2); and (E) coordinating, with the assistance of the entity operating the program described in subsection (d), a committee comprised of appropriate representatives of government agencies, employers, and workers, as well as other relevant interested parties, for the purposes of— (i) evaluating progress in implementing the program described in subsection (d); and (ii) consulting on improving core labor standards and working conditions in the textile and apparel sector in Pakistan or Afghanistan, as the case may be, and on other matters of common concern relating to such core labor standards and working conditions. (d) Technical assistance, capacity building, compliance assessment, and remediation program (1) In general The governments of Pakistan and Afghanistan, in cooperation with the International Labour Organization, shall each establish a program meeting the requirements under paragraph (3)— (A) to assess compliance by textile or apparel exporting enterprises listed in the registry described in subsection (c)(2)(A) with the conditions described in paragraph (2) and to assist such enterprises in meeting such conditions; and (B) to provide assistance to improve the capacity of that government— (i) to inspect facilities of textile or apparel exporting enterprises listed in the registry described in subsection (c)(2)(A); and (ii) to enforce national labor laws and resolve labor disputes, including through measures described in paragraph (5). (2) Conditions described The conditions described in this paragraph are— (A) compliance with core labor standards; and (B) compliance with the labor laws of Pakistan or Afghanistan, as the case may be, that relate directly to core labor standards and to ensuring acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety. (3) Requirements The program established under paragraph (1) shall— (A) be operated by the International Labour Organization (or any subdivision, instrumentality, or designee thereof) that publishes annual reports in accordance with paragraph (4); (B) be developed through a participatory process that includes the labor official designated pursuant to subsection (c) and appropriate representatives of government agencies, employers, and workers; (C) assess compliance by each textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) with the conditions described in paragraph (2) and identify any deficiencies by such enterprise with respect to meeting such conditions, including— (i) by conducting site visits to facilities of the enterprise; (ii) by conducting confidential interviews with workers and management of the facilities of the enterprise; and (iii) by providing to management and workers, and as applicable, worker organizations in the enterprise, on a confidential basis— (I) the results of the assessment carried out under this subparagraph; and (II) specific suggestions for remediating any such deficiencies; (D) assist the textile or apparel exporting enterprise in remediating any deficiencies identified under subparagraph (C); (E) conduct prompt follow-up site visits to the facilities of the textile or apparel exporting enterprise to assess progress on remediation of any deficiencies identified under subparagraph (C); and (F) provide training to workers and management of the textile or apparel exporting enterprise, and as appropriate, to other persons or entities, to promote compliance with the conditions described in paragraph (2). (4) Annual report (A) In general Not later than 1 year after the date on which Pakistan or Afghanistan, as the case may be, has implemented the program under this subsection, and annually thereafter, the entity operating the program shall publish a report, covering the preceding 1-year period, that includes the following: (i) The name of each textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) that has been identified as having met the conditions described in paragraph (2). (ii) The name of each textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) that has been identified as having deficiencies with respect to the conditions set forth in paragraph (2), and has failed to remedy such deficiencies. (iii) For each textile or apparel exporting enterprise listed under clause (ii)— (I) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the program; (II) a description of the efforts by the enterprise to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and (III) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph. (iv) For each textile or apparel exporting enterprise identified as having deficiencies with respect to the conditions described in paragraph (2) in a previous report under this subparagraph— (I) a description of the progress made in remediating such deficiencies since the submission of the previous report; and (II) an assessment of whether any aspect of such deficiencies persists. (B) Availability Each report required by subparagraph (A) shall be made available to the public in a readily accessible manner. (5) Capacity building The assistance to the governments of Pakistan and Afghanistan referred to in paragraph (1)(B) shall include programs— (A) to review the labor laws and regulations of Pakistan and Afghanistan and to develop and implement strategies for improving labor laws and regulations; (B) to develop additional strategies for facilitating protection of core labor standards and providing acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, including through legal, regulatory, and institutional reform; (C) to increase awareness of core labor standards and national labor laws; (D) to promote consultation and cooperation between government representatives, employers, worker representatives, and United States importers on matters relating to core labor standards and national labor laws; (E) to assist the labor official designated pursuant to subsection (c) in establishing and coordinating operation of the committee described in subsection (c)(2)(E); (F) to assist worker representatives in more fully and effectively advocating on behalf of members; and (G) to provide on-the-job training and technical assistance to labor inspectors, judicial officers, and other relevant personnel to build capacity to enforce national labor laws and resolve labor disputes. (e) Compliance with eligibility criteria (1) Country compliance with core labor standards eligibility criteria In making a determination of whether Pakistan or Afghanistan, as the case may be, is meeting the requirement set forth in section 4(b)(1)(E) relating to core labor standards, the President shall consider the reports required by subsection (d)(4). (2) Enterprise eligibility (A) Identification of producers Not later than 2 years after the date on which the President makes the certification under subsection (b)(1), and every 2 years thereafter, the President shall identify whether a textile or apparel exporting enterprise listed in the registry described in subsection (c)(2)(A) has failed to comply with core labor standards and the labor laws of Pakistan or Afghanistan, as the case may be, that directly relate to and are consistent with core labor standards. (B) Assistance to enterprises; withdrawal, suspension, or limitation of duty-free treatment For each textile or apparel exporting enterprise that the President identifies under subparagraph (A), the President shall seek to assist such enterprise in coming into compliance with core labor standards and the labor laws of Pakistan or Afghanistan, as the case may be, that directly relate to and are consistent with core labor standards. If such efforts fail, the President shall withdraw, suspend, or limit the application of duty-free treatment under section 6 to articles of such enterprise. (C) Reinstating duty-free treatment If, after withdrawing, suspending, or limiting the application of duty-free treatment under subparagraph (B) to articles of a textile or apparel exporting enterprise, the President determines that such enterprise is complying with core labor standards and the labor laws of Pakistan or Afghanistan, as the case may be, that directly relate to and are consistent with core labor standards, the President shall reinstate the application of duty-free treatment under section 6 to the articles of the enterprise. (D) Consideration of reports In making the identification under subparagraph (A) and the determination under subparagraph (C), the President shall consider the reports required by subsection (d)(4). (f) Reports by the President (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section during the preceding 1-year period. (2) Matters to be included Each report required by paragraph (1) shall include the following: (A) An explanation of the efforts of the governments of Pakistan and Afghanistan, the President, and the International Labour Organization to carry out this section. (B) A summary of each report required by (d)(4) during the preceding 1-year period and a summary of the findings contained in such report. (C) Identifications made under subsection (e)(2)(A) and determinations made under subsection (e)(2)(C). (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for the period beginning on October 1, 2021, and ending on September 30, 2031. 9. Review of eligibility of Pakistan and Afghanistan (a) In general Any interested party may file a request to have the President review the eligibility of Pakistan or Afghanistan under section 4(b) for the designation of Reconstruction Opportunity Zones under this Act. (b) Procedures To carry out subsection (a), the President shall use the same procedures applicable to reviewing the eligibility of countries for designation as beneficiary developing countries under section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ). 10. Limitations on providing duty-free treatment (a) In general (1) Proclamation Except as provided in paragraph (2), and subject to subsection (b) and the conditions described in sections 4 through 8, the President shall exercise the President’s authority under this Act and proclaim any duty-free treatment pursuant to that authority. (2) Waiver The President may waive the application of duty-free treatment under this Act with respect to articles imported from Reconstruction Opportunity Zones in Pakistan or Afghanistan or textile or apparel exporting enterprises receiving duty-free treatment under section 5 or 6 if the President determines that providing such treatment is inconsistent with the national interests of the United States. In making such a determination, the President shall consider— (A) obligations of the United States under international agreements; (B) the national economic interests of the United States; and (C) the foreign policy interests of the United States, including the economic development of— (i) the border region of Pakistan; and (ii) Afghanistan. (b) Withdrawal, suspension, or limitation of duty-Free treatment (1) In general The President may withdraw, suspend, or limit the application of duty-free treatment proclaimed under this Act. (2) Reconstruction Opportunity Zones In taking any action to withdraw, suspend, or limit duty-free treatment with respect to articles imported from Reconstruction Opportunity Zones, the President shall consider the factors set forth in— (A) subsections (b) and (c) of section 4 of this Act; and (B) subsections (b) and (c) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 (b) and (c)). (3) Enterprises In taking any action to withdraw, suspend, or limit duty-free treatment with respect to textile or apparel exporting enterprises receiving duty-free treatment under section 5 or 6, the President shall consider— (A) the factors set forth in— (i) subsections (b) and (c) of section 4 of this Act; and (ii) subsections (b) and (c) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 (b) and (c)); (B) the information described in section 4(d) relating to verification of the ownership and nature of the activities of such enterprises; and (C) any other relevant information the President determines to be appropriate. (c) Notice to Congress The President shall notify Congress— (1) of any action the President takes to withdraw, suspend, or limit the application of duty-free treatment with respect to Reconstruction Opportunity Zones in Pakistan or Afghanistan or textile or apparel exporting enterprises receiving duty-free treatment under section 5 or 6; and (2) if Pakistan or Afghanistan fails to adequately satisfy the factors set forth in— (A) subsections (b) and (c) of section 4 of this Act; or (B) subsections (b) and (c) of section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ). 11. Termination of duty-free treatment Duty-free treatment provided under this Act shall remain in effect through September 30, 2031. | https://www.govinfo.gov/content/pkg/BILLS-117s1481is/xml/BILLS-117s1481is.xml |
117-s-1482 | II 117th CONGRESS 1st Session S. 1482 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Braun introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To increase Government accountability for administrative actions by reinvigorating administrative Pay-As-You-Go.
1. Short title This Act may be cited as the Administrative Pay-As-You-Go Act of 2021 . 2. Definitions In this Act— (1) the term administrative action includes the issuance of a rule, demonstration, program notice, or guidance by an agency; (2) the term agency — (A) means— (i) an Executive agency , as defined under section 105 of title 5, United States Code; or (ii) a military department , as defined under section 102 of title 5, United States Code; and (B) does not include the Government Accountability Office; (3) the term covered discretionary administrative action means a discretionary administrative action that would effect direct spending; (4) the term direct spending has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ); (5) the term Director means the Director of the Office of Management and Budget; (6) the term discretionary administrative action — (A) means any administrative action that is not required by statute; and (B) includes an administrative action required by statute for which an agency has discretion in the manner in which to implement the administrative action; and (7) the term increase direct spending means that the amount of direct spending would increase relative to— (A) the most recently submitted projection of the amount of direct spending under current law under— (i) the budget of the President submitted under section 1105 of title 31, United States Code; or (ii) the supplemental summary of the budget submitted under section 1106, of title 31, United States Code; (B) with respect to a discretionary administrative action that is incorporated into the applicable projection described in subparagraph (A) and for which a proposal has not been submitted under section 4(a)(2)(A), a projection of the amount of direct spending if no administrative action were taken; or (C) with respect to a discretionary administrative action described in paragraph (6)(B), a projection of the amount of direct spending under the least costly implementation option that meets the requirements under the statute. 3. Findings; Purposes (a) Findings Congress finds the following: (1) In May 2005, the Office of Management and Budget implemented a budget-neutrality requirement for executive branch administrative actions affecting direct spending. (2) This mechanism, commonly referred to as Administrative Pay-As-You-Go , requires each agency to include 1 or more proposals for reducing direct spending whenever an agency proposes to undertake a discretionary administrative action that would increase direct spending. (3) In practice, however, agencies have applied this requirement with varying degrees of stringency, sometimes resulting in higher direct spending. (b) Purposes The purposes of this Act are to— (1) institutionalize and reinvigorate Administrative Pay-As-You-Go to keep direct spending under control; (2) control Federal spending and restore the Nation's fiscal security; and (3) ensure that agencies consider the costs of their administrative actions, take steps to offset those costs, and curtail costly administrative actions. 4. Requirements for administrative actions that effect direct spending (a) Discretionary administrative actions (1) In general Before an agency may undertake any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the proposed covered discretionary administrative action, which shall include an estimate of the budgetary effects of the proposed covered discretionary administrative action. (2) Increasing direct spending (A) In general If an agency proposes to take a covered discretionary administrative action that would increase direct spending, the written notice submitted by the head of the agency under paragraph (1) shall include a proposal to undertake 1 or more other administrative actions that would provide a reduction in direct spending comparable to the increase in direct spending attributable to the covered discretionary administrative action. (B) Review (i) In general The Director shall have the discretion to determine whether the reduction in direct spending proposed by an agency under subparagraph (A) is comparable to the increase in direct spending attributable to the covered discretionary administrative action to which the proposal relates, taking into account the magnitude of the reduction and the increase and any other factors the Director determines appropriate. (ii) No offset If the written notice regarding a proposed covered discretionary administrative action that would increase direct spending does not include a proposal to offset the increased direct spending, the Director shall return the proposal to the agency for resubmission in accordance with this Act. (b) Nondiscretionary actions If an agency determines that a proposed administrative action that would increase direct spending is required by statute and therefore is not a covered discretionary administrative action, before the agency takes further action with respect to the proposed administrative action, the head of the agency shall— (1) submit to the Director a written opinion by the general counsel of the agency, or the equivalent employee of the agency, explaining that legal conclusion; and (2) consult with the Director regarding implementation of the proposed administrative action. (c) Projections Any projection for purposes of this Act shall be conducted in accordance with Office of Management and Budget Circular A–11, or any successor thereto. 5. Issuance of administrative guidance Not later than 90 days after the date of enactment of this Act, the Director shall issue instructions regarding the implementation of this Act, including how proposed covered discretionary administrative actions that increase direct spending and non-tax receipts will be evaluated. 6. Waiver The Director may waive the requirements of section 4 if the Director concludes that the waiver is necessary— (1) for the delivery of essential services; (2) for effective program delivery; or (3) because a waiver is otherwise warranted by the public interest. | https://www.govinfo.gov/content/pkg/BILLS-117s1482is/xml/BILLS-117s1482is.xml |
117-s-1483 | II 117th CONGRESS 1st Session S. 1483 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Brown (for himself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend part B of title IV of the Social Security Act to require States to review child fatalities from maltreatment, and for other purposes.
1. Short title This Act may be cited as the Child Abuse Death Disclosure Act . 2. Strengthening national data on child fatalities from maltreatment (a) IV–B requirement To review child fatalities from maltreatment Section 422(b)(19) of the Social Security Act ( 42 U.S.C. 622(b)(19) ) is amended— (1) in subparagraph (A), by striking and after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) an assurance that the State shall— (i) engage at least annually, and, more frequently as necessary, in a multidisciplinary review of all child fatalities from maltreatment in the State that occurred during the previous year in accordance with the requirements of section 429A; and . (b) Review requirements Subpart 1 of part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq.) is amended by adding at the end the following: 429A. Ongoing review of child fatalities from maltreatment (a) Requirements In order to satisfy the requirements of section 422(b)(19)(C), a State shall require the State's multidisciplinary child death review team or, if the State does not have such a team as of the date of enactment of this section, a multidisciplinary team established by the State that is comprised of representatives of integral elements of the State child welfare system, such as child welfare workers, child protective services workers, prosecutors, law enforcement, coroners or medical examiners, public health care providers, pediatricians with expertise in child maltreatment and the child welfare system, children’s advocacy centers, substance use disorder treatment providers, and advocates and researchers for the prevention and treatment of domestic violence, as well as representatives of educators, including early childhood educators and child care providers (in this section referred to as the review team ), to review, at least annually and more frequently as necessary, all child fatalities from maltreatment in the State that occurred during the most recently ended fiscal year and for which the period for all administrative or judicial review is complete. Any child fatality from maltreatment in the State that occurred during the most recently ended fiscal year but for which the period for all administrative or judicial review is not complete shall be reviewed by the review team in during the first review period that occurs after the period for which all administrative or judicial review is complete. (b) Report and recommendations The review team shall— (1) for each child fatality from maltreatment in the State subject to review, make findings based on information available to the review team regarding the causes of child's fatality and other factors that impacted the child's fatality, including to the extent possible and taking into account privacy protections under Federal and State law— (A) the circumstances of the fatality; (B) the characteristics of the victim, the perpetrators, including their relationship to the child, and the parents or guardians of the child; (C) whether there were previous familial interactions with child protective services and the outcomes of those interactions; (D) whether the child had any siblings and how many; (E) whether there were other children present or living in the household at the time of the fatality; and (F) the social services, public cash or in-kind assistance (including housing), health (including mental health) services, alcohol or substance use disorder treatment, or other public or private services provided to or on behalf of the child prior to the child's death; (2) submit all findings and data made in accordance with paragraph (1) to the Child Death Review Case Reporting System (in this section referred to as the CDR Reporting System ) operated by the National Center for Fatality Review and Prevention; (3) based on the findings made in accordance with paragraph (1), develop recommendations for preventing future child fatalities from maltreatment; and (4) submit a report, at least annually, and, more frequently as necessary, to the State Governor, the State legislature, and, if the incident reporting threshold established under subsection (c) is met, to the Secretary, that contains the findings and data submitted to the CDR Reporting System under subparagraph (2) (de-identified) and the recommendations developed under paragraph (3). (c) Incident reporting threshold (1) State-specific thresholds (A) In general The Secretary annually shall establish a national reporting incident threshold for each State for purposes of protecting the privacy of families and other living individuals whose information is part of the findings and data submitted under subsection (b)(2) and the reports to the State Governor and State Legislature required under subsection (b)(4). (B) Requirements In establishing the national reporting incident threshold for a State, the Secretary shall ensure that the reporting threshold is subject to privacy protections that are designed to protect the privacy of— (i) children; (ii) individuals who are not the perpetrators of the child maltreatment that resulted in the fatality; and (iii) individuals who are or have been victimized by domestic violence or who are at risk of domestic violence. (2) Application If the number of child fatalities from maltreatment in a State in a fiscal year is below the reporting threshold established for the State for the fiscal year, the State shall not submit the report required under subsection (b)(4) to the Secretary but shall submit to the Secretary— (A) the findings and data submitted to the CDR Reporting System under subsection (b)(2) for the purpose of making such findings and data accessible as a public use data set on the national website required under subsection (g) after redacting any personal identifying information; and (B) the recommendations developed under subsection (b)(3). (d) Training (1) In general In order to satisfy the requirements of section 422(b)(19)(C) and subsection (i), a State shall provide the following short-term training: (A) Review team specific duties The State shall provide the members and staff of the review team with training regarding— (i) applying the set of national definition standards promulgated under section 3(a) of the Child Abuse Death Disclosure Act ; and (ii) as needed in order to maintain consistency across services and outcomes, approaches to— (I) reduce and prevent discrimination based on race or culture (including training related to implicit biases) in the provision of child protection and welfare services related to child abuse and neglect; and (II) address racial or cultural disproportionality in the incidence of child maltreatment fatality cases. (B) Data collection and reporting The State shall provide administrators and staff of State-licensed or State-approved child welfare agencies responsible for data collection and reporting with training regarding reporting on child maltreatment fatality cases and applying the set of national definition standards promulgated under section 3(a) of the Child Abuse Death Disclosure Act . (2) State option for training to improve early detection At the option of the State, and in addition to the training required under paragraph (1), the State may provide pediatricians, emergency room physicians, and other medical professionals with training relating to identifying, assessing, and responding to potential abuse in infants to prevent future cases of child abuse and related fatalities, including with respect to improving conditions that may result in an infant being unsafe, alignment with child protective services policies and practices (as appropriate), and identifying injuries indicative of potential abuse in infants. (e) Funding (1) In general Subject to paragraph (2), amounts expended by a State during each quarter beginning after the effective date of this section for administrative costs (as defined in section 422(c)(1)) to carry out this section and section 422(b)(19)(C) shall be deemed to be amounts expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan under part E and eligible for Federal matching payments under section 474(a)(3)(E) without regard to whether such costs are incurred on behalf of a child who is, or is potentially, eligible for foster care maintenance payments or adoption assistance under part E. (2) Training Amounts expended by a State during each quarter beginning after the effective date of this section for providing training under subsection (d) (including training at State option under paragraph (2) of that subsection) shall be eligible for Federal matching payments under section 474(a)(3)(B) without regard to whether such costs are incurred on behalf of a child who is, or is potentially, eligible for foster care maintenance payments or adoption assistance under part E. (f) Indian tribes, tribal organizations The Secretary, in consultation with the Assistant Secretary-Indian Affairs of the Bureau of Indian Affairs of the Department of Interior and tribal child welfare organizations, shall determine how and the extent to which the requirements of this section shall apply to Indian tribes and tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (g) Nonapplication The limitations on payments for administrative costs under sections 424(e) and 472(i) shall not apply to State expenditures made to carry out this section. (h) National website (1) In general The Secretary, in coordination with the National Center for Fatality Review and Prevention, shall publish on a website that is available to the public and maintained and updated at least annually— (A) each report submitted to the Secretary under subsection (b)(4); and (B) the findings and data submitted to the CDR Reporting System under subsection (b)(2) (with any personal identifying information or information that identifies the submitting State redacted) in a manner that is accessible as a public use data set for purposes of research to identify risk factors to prevent future deaths of children from maltreatment. (2) Notice to congress The Secretary shall notify Congress when information on the website required under paragraph (1) is updated. . (c) Conforming amendment Section 425 of the Social Security Act ( 42 U.S.C. 625 ) is amended by striking 426, 427, and 429 and inserting 422(b)(19)(C), 426, 427, 429, and 429A . 3. Development of national definition standards relating to child fatalities from maltreatment (a) Promulgation of national definition standards Not later than 18 months after the date of enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall promulgate proposed regulations establishing a set of national definition standards relating to child fatalities from maltreatment that States shall use to report data to the National Child Abuse and Neglect Data System established and maintained in accordance with section 103 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104 ) and, not later than 6 months after the date on which the public comment period on the proposed regulations closes, shall issue final regulations establishing such standards. (b) Requirements In promulgating the regulations under subsection (a), the Secretary shall consult with representatives of— (1) State and county officials responsible for administering the State plans under parts B and E of title IV of the Social Security Act; (2) child welfare professionals with field experience; (3) child welfare researchers; (4) child development professionals; (5) mental health professionals; (6) substance use disorder treatment professionals; (7) emergency medicine physicians; (8) child abuse pediatricians, as certified by the American Board of Pediatrics, who specialize in treating victims of child abuse; (9) forensic pathologists; (10) children’s advocacy centers; (11) public health administration; (12) public health researchers; (13) law enforcement; (14) prosecutors; (15) advocates and researchers for the prevention and treatment of domestic violence; (16) a representative from the National Center for Fatality Review and Prevention; and (17) such other organizations or entities as the Secretary determines appropriate. (c) Conforming amendments (1) CAPTA (A) National Child Abuse and Neglect Data System Section 103(c)(1)(C) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104(c)(1)(C) ) is amended— (i) in clause (iii), by striking and after the semicolon; (ii) in clause (iv), by adding and after the semicolon; and (iii) by inserting after clause (iv), the following: (v) information on child fatalities from maltreatment in accordance with the set of national definition standards promulgated under section 3(a) of the Child Abuse Death Disclosure Act ; . (B) State data reports Section 106(d) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a(d) ) is amended by adding at the end the following: (19) The number of child fatalities from maltreatment and related information required to be reported in accordance with the set of national definition standards promulgated under section 3(a) of the Child Abuse Death Disclosure Act . . (2) Social Security Act (A) IV–B plan Section 422(b)(19)(C) of the Social Security Act ( 42 U.S.C. 622(b)(19) ), as amended by section 2(a), is further amended by adding at the end the following: (ii) report information on child maltreatment deaths in accordance with the set of national definition standards promulgated under section 3(a) of the Child Abuse Death Disclosure Act . . (B) Review requirements Section 429A of the Social Security Act, as added by section 2(b), is amended by adding at the end the following: (i) Application of national definition standards The review team shall use the set of national definition standards promulgated under section 3(a) of the Child Abuse Death Disclosure Act to make and submit findings and data to the CDR Reporting System and to develop the recommendations required under subsection (b)(3). . 4. Effective date; application (a) In general This Act and the amendments made by this Act take effect on the date of enactment of this Act. (b) Application to IV–B State plans A State plan under part B of title IV of the Social Security Act shall not be regarded as failing to comply with the additional requirements imposed on the plan by this Act and the amendments made by this Act before the date that is 3 years after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1483is/xml/BILLS-117s1483is.xml |
117-s-1484 | II 117th CONGRESS 1st Session S. 1484 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Blumenthal (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 improve the management of forage fish.
1. Short title; table of contents (a) Short title This Act may be cited as the Forage Fish Conservation Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act. Sec. 3. Findings. Sec. 4. Definitions. Sec. 5. Scientific advice. Sec. 6. Council functions. Sec. 7. Contents of fishery management plans. Sec. 8. Action by the Secretary. Sec. 9. River herring and shad. Sec. 10. Rule of construction. 2. References to the Magnuson-Stevens Fishery Conservation and Management Act Except as otherwise expressly provided, wherever 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 Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1801 et seq.). 3. Findings Section 2(a) ( 16 U.S.C. 1801(a) ) is amended by adding at the end the following: (14) Forage fish are generally small to intermediate-sized species, occurring in schools or dense aggregations, and function as a main pathway for energy to flow from phyto- and zooplankton to higher trophic level predators, such as tuna, Alaska pollock, and other wildlife, in marine ecosystems. While most species function as prey of others at some life stage, especially when small and young, forage fish maintain this important trophic role throughout their life. Further, fluctuations in their populations can result in significant changes in marine communities and ecosystems. Therefore, particular attention to management of forage fish species, and addressing their unique role in marine ecosystems, is critical to maintaining ecosystem function and sustainable fisheries. . 4. Definitions (a) Secretary to define forage fish Section 305 ( 16 U.S.C. 1855 ) is amended by adding at the end the following: (l) Forage fish Not later than 6 months after the date of enactment of the Forage Fish Conservation Act of 2021 , the Secretary shall issue a definition of the term forage fish for the purposes of this Act. In defining such term, the Secretary shall consider factors including whether a species covered by such definition, throughout such species’ lifecycle— (1) is at a low trophic level; (2) is generally small- to intermediate-sized; (3) occurs in schools or other dense aggregations; (4) contributes significantly to the diets of other fish, marine mammals, or birds; and (5) serves as a conduit for energy transfer to species at a higher trophic level. . (b) Definitions Section 3 ( 16 U.S.C. 1802 ) is amended— (1) by redesignating the second paragraph (33) (relating to waters of a foreign nation) as paragraph (53); (2) by redesignating paragraphs (28) through (50) as paragraphs (30) through (52), respectively; (3) by redesignating paragraphs (19) through (27) as paragraphs (20) through (28), respectively; (4) by inserting after paragraph (18) the following: (19) The term forage fish — (A) has the meaning given the term by the Secretary under section 305(l); and (B) with respect to a species in a fishery managed pursuant to a fishery management plan or plan amendment that is approved by the Secretary under section 304(a), means any species identified in such plan as a forage fish. ; (5) by inserting after paragraph (28), as redesignated by paragraph (3), the following: (29) The term low trophic level means a position in the marine food web in which the fish generally consume plankton. ; and (6) in paragraph (35), as redesignated by paragraph (2)— (A) in subparagraph (B), by striking and ; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) in the case of a forage fish, is reduced, pursuant to subparagraph (B), to provide for the diet needs of fish species and other marine wildlife, including marine mammals and birds, for which forage fish is a significant dietary component. . 5. Scientific advice Section 302(g)(1)(B) ( 16 U.S.C. 1852(g)(1)(B) ) is amended to read as follows: (B) Each scientific and statistical committee shall provide its Council ongoing scientific advice for fishery management decisions, including recommendations for— (i) acceptable biological catch; (ii) preventing overfishing; (iii) maximum sustainable yield; (iv) achieving rebuilding targets; (v) maintaining a sufficient abundance, diversity, and localized distribution of forage fish populations to support their role in marine ecosystems; and (vi) reports on stock status and health, bycatch, habitat status, social and economic impacts of management measures, and sustainability of fishing practices. . 6. Council functions (a) Research priorities Section 302(h)(7) ( 16 U.S.C. 1852(h)(7) ) is amended, in the matter preceding subparagraph (A), by inserting forage fish populations and distribution, after habitats, . (b) Unmanaged forage fish Section 302(h) ( 16 U.S.C. 1852(h) ) is amended— (1) in paragraph (8), by striking ; and and inserting ; ; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) develop a list of unmanaged forage fish occurring in the area under its authority and prohibit the development of any new directed forage fish fishery until the Council has— (A) considered the best scientific information available and evaluated the potential impacts of forage fish harvest on existing fisheries, fishing communities, and the marine ecosystem; (B) determined whether conservation and management of the forage fish fishery is needed; (C) if a determination is made that conservation and management is needed, prepared and submitted to the Secretary a fishery management plan or amendment consistent with section 303; and (D) received final, approved regulations from the Secretary pursuant to section 304(b)(3); and . (c) Effective date The amendments made by subsections (a) and (b) shall take effect 2 years after the date of enactment of this Act. 7. Contents of fishery management plans (a) Forage fish management Section 303(a) ( 16 U.S.C. 1853(a) ) is amended— (1) in paragraph (14), by striking and; and inserting ; ; (2) in paragraph (15), by striking the period and inserting ; and ; and (3) by adding at the end the following: (16) when setting annual catch limits for forage fish fisheries, assess, specify, and reduce such limits by the diet needs of fish species and other marine wildlife, such as marine mammals and birds, for which forage fish is a significant part of their diet. . (b) Effective date The amendments made by subsection (a) shall take effect 5 years after the date of enactment of this Act. 8. Action by the Secretary Section 304 ( 16 U.S.C. 1854 ) is amended— (1) by redesignating the second subsection (i) (relating to international overfishing) as subsection (j); and (2) by adding at the end the following: (k) Forage fish management guidelines (1) In general Not later than 18 months after the date of enactment of the Forage Fish Conservation Act of 2021 , the Secretary shall establish by regulation guidelines to assist the Councils in implementing sections 3(19), 302(h)(9), and 303(a)(16). (2) Workshops In developing the guidelines under paragraph (1), the Secretary shall conduct workshops with Councils and other scientific, fisheries, and conservation interests. . 9. River herring and shad (a) Definitions In this section— (1) River herring The term river herring means blueback herring (Alosa aestivalis) and alewife (Alosa pseudoharengus). (2) Shad The term shad means American shad (Alosa sapidissima) and hickory shad (Alosa mediocris). (b) Amendments of plans Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce shall— (1) amend the fishery management plans for the Atlantic Herring and Atlantic Mackerel, Squid, and Butterfish fisheries for the New England and Mid-Atlantic Regions to add shad and river herring as managed stocks in such plans consistent with section 302(h)(1) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(h)(1) ); (2) initiate additional fishery management plan amendments to be completed in not more than 1 year from the date of the addition of the species identified in paragraph (1) in order to develop and implement all required conservation and management measures for such stocks consistent with the Magnuson-Stevens Fisheries Conservation and Management Act ( 16 U.S.C. 1801 et seq.), and all other applicable law; and (3) notwithstanding any other law, rule, or fishery management plan provision, including conservation and management measures under section 303(a)(11) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1853(a)(11) ), reallocate existing resources to provide, for not less than 50 percent of all relevant fishing trips, not fewer than one at-sea observer or an on-board electronic or video means of producing equivalent at-sea monitoring information, for any vessel using mid-water trawl or paired mid-water trawl fishing gear in the Atlantic herring and Atlantic mackerel fisheries. 10. Rule of construction Nothing in this Act shall be construed as— (1) extending or diminishing the jurisdiction or authority of any State within its boundaries; or (2) affecting— (A) section 306 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1856 ); or (B) the Atlantic Coastal Fisheries Cooperative Management Act ( 16 U.S.C. 5101 et seq.). | https://www.govinfo.gov/content/pkg/BILLS-117s1484is/xml/BILLS-117s1484is.xml |
117-s-1485 | II 117th CONGRESS 1st Session S. 1485 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Brown (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 include fuel cells using electromechanical processes for purposes of the energy tax credit.
1. Short title This Act may be cited as the Linear Generator Parity Act . 2. Including fuel cells using electromechanical processes for purposes of the energy tax credit (a) In general Paragraph (1) of section 48(c) of the Internal Revenue Code of 1986 is amended— (1) in subparagraph (A)(i), by inserting or electromechanical after electrochemical , and (2) in subparagraph (C)— (A) by inserting , or linear generator assembly, after a fuel cell stack assembly , and (B) by striking electrochemical means and inserting electrochemical or electromechanical means without the use of rotating parts . (b) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1485is/xml/BILLS-117s1485is.xml |
117-s-1486 | II 117th CONGRESS 1st Session S. 1486 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Casey (for himself, Mr. Cassidy , Mrs. Shaheen , Mrs. Capito , Ms. Smith , 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 eliminate discrimination and promote women’s health and economic security by ensuring reasonable workplace accommodations for workers whose ability to perform the functions of a job are limited by pregnancy, childbirth, or a related medical condition.
1. Short title This Act may be cited as the Pregnant Workers Fairness Act . 2. Nondiscrimination with regard to reasonable accommodations related to pregnancy It shall be an unlawful employment practice for a covered entity to— (1) not make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; (2) require a qualified employee affected by pregnancy, childbirth, or related medical conditions to accept an accommodation other than any reasonable accommodation arrived at through the interactive process referred to in section 5(7); (3) deny employment opportunities to a qualified employee if such denial is based on the need of the covered entity to make reasonable accommodations to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; (4) require a qualified employee to take leave, whether paid or unpaid, if another reasonable accommodation can be provided to the known limitations related to the pregnancy, childbirth, or related medical conditions of a qualified employee; or (5) take adverse action in terms, conditions, or privileges of employment against a qualified employee on account of the employee requesting or using a reasonable accommodation to the known limitations related to the pregnancy, childbirth, or related medical conditions of the employee. 3. Remedies and enforcement (a) Employees Covered by title VII of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person alleging a violation of title VII of such Act ( 42 U.S.C. 2000e et seq.) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(A) except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person alleging such practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes). (b) Employees Covered by Congressional Accountability Act of 1995 (1) In general The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of such Act ( 2 U.S.C. 1301 )) or any person alleging a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ) shall be the powers, remedies, and procedures this Act provides to the Board or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(B), except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be the powers, remedies, and procedures this Act provides to the Board or any person alleging such practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Board or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes). (4) Other applicable provisions With respect to a claim alleging a practice described in paragraph (1), title III of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1381 et seq.) shall apply in the same manner as such title applies with respect to a claim alleging a violation of section 201(a)(1) of such Act ( 2 U.S.C. 1311(a)(1) ). (c) Employees covered by chapter 5 of title 3, United States Code (1) In general The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Commission, the Merit Systems Protection Board, or any person alleging a violation of section 411(a)(1) of such title shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(C), except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person alleging such practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the President, the Commission, the Board, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes). (d) Employees Covered by Government Employee Rights Act of 1991 (1) In general The powers, remedies, and procedures provided in sections 302 and 304 of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16b; 2000e–16c) to the Commission or any person alleging a violation of section 302(a)(1) of such Act (42 U.S.C. 2000e–16b(a)(1)) shall be the powers, remedies, and procedures this Act provides to the Commission or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(D), except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be the powers, remedies, and procedures this Act provides to the Commission or any person alleging such practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes). (e) Employees Covered by section 717 of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) to the Commission, the Attorney General, the Librarian of Congress, or any person alleging a violation of that section shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this Act against an employee described in section 5(3)(E), except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes). (f) Prohibition Against Retaliation (1) In General No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this Act or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this Act. (2) Prohibition against coercion It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this Act. (3) Remedy The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. (g) Limitation Notwithstanding subsections (a)(3), (b)(3), (c)(3), (d)(3), and (e)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this Act or regulations implementing this Act, damages may not be awarded under section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ) if the covered entity demonstrates good faith efforts, in consultation with the employee with known limitations related to pregnancy, childbirth, or related medical conditions who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship on the operation of the covered entity. 4. Rulemaking Not later than 2 years after the date of enactment of this Act, the Commission shall issue regulations in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code, to carry out this Act. Such regulations shall provide examples of reasonable accommodations addressing known limitations related to pregnancy, childbirth, or related medical conditions. 5. Definitions As used in this Act— (1) the term Commission means the Equal Employment Opportunity Commission; (2) the term covered entity — (A) has the meaning given the term respondent in section 701(n) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(n) ); and (B) includes— (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) ); (ii) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ) and section 411(c) of title 3, United States Code; (iii) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); and (iv) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies; (3) the term employee means— (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ); (B) a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ); (C) a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; (D) a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or (E) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies; (4) the term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ); (5) the term known limitation means physical or mental condition related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions that the employee or employee’s representative has communicated to the employer whether or not such condition meets the definition of disability specified in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ); (6) the term qualified employee means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position, except that an employee or applicant shall be considered qualified if— (A) any inability to perform an essential function is for a temporary period; (B) the essential function could be performed in the near future; and (C) the inability to perform the essential function can be reasonably accommodated; and (7) the terms reasonable accommodation and undue hardship have the meanings given such terms in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ) and shall be construed as such terms are construed under such Act and as set forth in the regulations required by this Act, including with regard to the interactive process that will typically be used to determine an appropriate reasonable accommodation. 6. Waiver of State immunity A State shall not be immune under the 11th Amendment to the Constitution from an action in a Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 7. Relationship to other laws Nothing in this Act shall be construed to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provides greater or equal protection for individuals affected by pregnancy, childbirth, or related medical conditions. 8. Severability If any provision of this Act or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this Act and the application of that provision to other persons or circumstances shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s1486is/xml/BILLS-117s1486is.xml |
117-s-1487 | II 117th CONGRESS 1st Session S. 1487 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Peters (for himself, Mr. Cornyn , and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To ensure that certain incidents involving a covered employee that are reported to the title IX coordinator at an eligible institution of higher education have been reviewed by the president of the institution and not less than 1 additional member of the institution's board of trustees, and for other purposes.
1. Short title This Act may be cited as the Accountability of Leaders in Education to Report Title IX Investigations Act or the ALERT Act . 2. Review of title IX investigations Section 487 of the Higher Education Act of 1965 ( 20 U.S.C. 1094 ) is amended by adding at the end the following: (30) (A) The institution will submit an annual certification to the Secretary affirming that— (i) the president of the institution (or the equivalent officer) and not less than 1 additional member of the institution’s board of trustees (or a designee of the board) have completed a comprehensive review of any incident involving a covered employee that was reported to the title IX coordinator at that institution in the previous 12 months involving an offense described in section 485(f)(8)(A)(i); and (ii) the individuals described in clause (i) who completed the comprehensive review did not interfere with or influence any investigation or disposition relating to the reported incident. (B) In this paragraph— (i) the term comprehensive review means a review that includes, at a minimum, a review of— (I) material findings of fact relating to the incident that was reported to the title IX coordinator; (II) the basis for any conclusions about whether a covered employee violated a policy of the institution; and (III) the disposition of any complaints arising from the reported incident, including any sanctions imposed on a covered employee; (ii) the term covered employee — (I) means— (aa) a full-time employee of the institution; or (bb) an individual who was acting as an employee of the institution, or who was paid by an entity contracting with the institution and acting on behalf of the institution, at the time of the incident that was reported to the title IX coordinator; and (II) does not include an undergraduate student; and (iii) the term title IX coordinator means a responsible employee, as described in section 106.8(a) of title 34, Code of Federal Regulations (or a successor regulation), designated to coordinate efforts under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq.). . | https://www.govinfo.gov/content/pkg/BILLS-117s1487is/xml/BILLS-117s1487is.xml |
117-s-1488 | II 117th CONGRESS 1st Session S. 1488 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Duckworth (for herself, Mrs. Blackburn , Mr. Durbin , Mr. Blumenthal , Ms. Cortez Masto , Mrs. Feinstein , Ms. Rosen , Mrs. Murray , Ms. Baldwin , Mr. Warner , Ms. Klobuchar , Mr. Luján , Mrs. Gillibrand , Mr. Cramer , and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend title 37, United States Code, to establish a basic needs allowance for low-income regular members of the Armed Forces.
1. Short title This Act may be cited as the Military Hunger Prevention Act . 2. Basic needs allowance for low-income regular members of the Armed Forces (a) In general Chapter 7 of title 37, United States Code, is amended by inserting after section 402a the following new section: 402b. Basic needs allowance for low-income regular members of the armed forces (a) Allowance required (1) Subject to paragraph (2), the Secretary of Defense shall pay to each covered member a basic needs allowance in the amount determined for such member under subsection (b). (2) In the event a household contains two or more covered members entitled to receive the allowance under this section in a given year, only one allowance may be paid for that year to a covered member among such covered members whom such covered members shall jointly elect. (b) Amount of allowance for a covered member (1) The amount of the monthly allowance payable to a covered member under subsection (a) for a year shall be the aggregate amount equal to— (A) the aggregate amount equal to— (i) 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; minus (ii) the gross household income of the covered member during the preceding year; and (B) divided by 12. (2) The monthly allowance payable to a covered member for a year shall be payable for each of the 12 months following— (A) in the case of an individual whom the Director of the Defense Finance and Accounting Service first notifies in a given year under subsection (c)(3)(A), March of such year; or (B) in the case of an individual whom the Director of the Defense Finance and Accounting Service first notifies in a given year under subsection (c)(3)(B), September of such year. (c) Notice of eligibility (1) (A) Not later than June 30 and December 31 each year, the Director of the Defense Finance and Accounting Service shall notify, in writing, each individual whom the Director determines will be a covered member during the following year, regarding the potential entitlement of that individual to the allowance described in subsection (a) for that following year. (B) The preliminary notice under subparagraph (A) shall include information regarding financial management and assistance programs administered by the Secretary of Defense for which a covered member is eligible. (2) Not later than January 31 each year, each individual who seeks to receive the allowance for such year (whether or not subject to a notice for such year under paragraph (1)) shall submit to the Director such information as the Director shall require for purposes of this section in order to determine whether or not such individual is a covered member for such year. (3) The Director shall notify, in writing, each individual the Director determines will be a covered member in the following year not later than— (A) February 28 of each year; and (B) August 31 of each year. (d) Election not To receive allowance (1) A covered member otherwise entitled to receive the allowance under subsection (a) for a year may elect, in writing, not to receive the allowance for such year. Any election under this subsection shall be effective only for the year for which made. Any election for a year under this subsection is irrevocable. (2) A covered member who does not submit information described in subsection (c)(2) for a year as otherwise required by that subsection shall be deemed to have elected not to receive the allowance for such year. (e) Definitions In this section: (1) The term covered member means a regular member of the armed forces— (A) who has completed initial entry training; (B) whose gross household income during the most recent year did not exceed an amount equal to 130 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location and number of persons in the household of the covered member for such year; and (C) who does not elect under subsection (d) not to receive the allowance for such year. (2) The term gross household income of a covered member for a year for purposes of paragraph (1)(B) does not include any basic allowance for housing received by the covered member (and any dependents of the covered member in the household of the covered member) during such year under section 403 of this title. (f) Regulations The Secretary of Defense shall prescribe regulations for the administration of this section. Subject to subsection (e)(2), such regulations shall specify the income to be included in, and excluded from, the gross household income of individuals for purposes of this section. . (b) Clerical amendment The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 402a the following new item: 402b. Basic needs allowance for low-income regular members of the armed forces. . | https://www.govinfo.gov/content/pkg/BILLS-117s1488is/xml/BILLS-117s1488is.xml |
117-s-1489 | II 117th CONGRESS 1st Session S. 1489 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Menendez (for himself, Mr. Cornyn , Mr. Wyden , Mr. Toomey , Mr. Brown , Ms. Cortez Masto , Mr. Whitehouse , and Mr. Carper ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Inspector General Act of 1978 to establish an Inspector General of the Office of the United States Trade Representative, and for other purposes.
1. Short title This Act may be cited as the USTR Inspector General Act of 2021 . 2. Findings Congress makes the following findings: (1) Section 8 of article I of the Constitution of the United States provides that Congress has the sole power to regulate international trade. (2) Congress established the Office of the United States Trade Representative in the Executive Office of the President under section 141 of the Trade Act of 1974 ( 19 U.S.C. 2171 ) with the primary responsibility for developing, and coordinating implementation of, the international trade policy of the United States. (3) The United States Trade Representative has primary responsibility for administering a variety of trade statutes and for monitoring the implementation and enforcement of trade agreements. (4) Section 141(c)(1)(F) of the Trade Act of 1974 ( 19 U.S.C. 2171(c)(1)(F) ) states that the United States Trade Representative shall report directly to the President and the Congress regarding, and be responsible to the President and the Congress for the administration of, trade agreements programs . 3. Establishment of Inspector General of the Office of the United States Trade Representative (a) Definitions Section 12 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in paragraph (1), by striking or the Director of the National Reconnaissance Office; and inserting the Director of the National Reconnaissance Office; or the United States Trade Representative; and (2) in paragraph (2), by striking or the National Reconnaissance Office, and inserting the National Reconnaissance Office, or the Office of the United States Trade Representative, . (b) Appointment of Inspector General Not later than 120 days after the date of the enactment of this Act, the President shall appoint an individual to serve as the Inspector General of the Office for the United States Trade Representative in accordance with section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.). | https://www.govinfo.gov/content/pkg/BILLS-117s1489is/xml/BILLS-117s1489is.xml |
117-s-1490 | II 117th CONGRESS 1st Session S. 1490 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Peters (for himself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of Housing and Urban Development to discount FHA single-family mortgage insurance premium payments for first-time homebuyers who complete a financial literacy housing counseling program.
1. Short title This Act may be cited as the Housing Financial Literacy Act of 2021 . 2. Discount on mortgage insurance premium payments for first-time homebuyers who complete financial literacy housing counseling programs The second sentence of subparagraph (A) of section 203(c)(2) of the National Housing Act ( 12 U.S.C. 1709(c)(2)(A) ) is amended— (1) by inserting before the comma the following: and such program is completed before the mortgagor has signed an application for a mortgage to be insured under this title or a sales agreement ; and (2) by striking not exceed 2.75 percent of the amount of the original insured principal obligation of the mortgage and inserting be 25 basis points lower than the premium payment amount established by the Secretary under the first sentence of this subparagraph . | https://www.govinfo.gov/content/pkg/BILLS-117s1490is/xml/BILLS-117s1490is.xml |
117-s-1491 | II 117th CONGRESS 1st Session S. 1491 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Smith (for herself, Ms. Murkowski , Mr. King , Ms. Ernst , Mrs. Gillibrand , Ms. Stabenow , and Mr. Luján ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to improve obstetric care in rural areas.
1. Short title This Act may be cited as the Rural Maternal and Obstetric Modernization of Services Act or the Rural MOMS Act . 2. Improving rural maternal and obstetric care data (a) Maternal mortality and morbidity activities Section 301 of the Public Health Service Act ( 42 U.S.C. 241 ) is amended— (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d), the following: (e) The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of the Centers for Disease Control and Prevention with respect to maternal mortality and morbidity. . (b) Office of Women's Health Section 310A(b)(1) of the Public Health Service Act ( 42 U.S.C. 242s(b)(1) ) is amended by striking sociocultural contexts and inserting sociocultural (race, ethnicity, language, class, income) contexts (including among American Indians and Alaska Natives, as such terms are defined in section 4 of the Indian Health Care Improvement Act), and geographic contexts . (c) Safe motherhood Section 317K(b)(2) of the Public Health Service Act ( 42 U.S.C. 247b–12(b)(2) ) is amended— (1) in subparagraph (L), by striking and at the end; (2) by redesignating subparagraph (M) as subparagraph (N); and (3) by inserting after subparagraph (L), the following: (M) an examination of the relationship between maternal health services in rural areas and outcomes in delivery and postpartum care; and . (d) Office of Research on Women's Health Section 486 of the Public Health Service Act ( 42 U.S.C. 287d ) is amended— (1) in subsection (b)— (A) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively; (B) by inserting after paragraph (3) the following: (4) carry out paragraphs (1) and (2) with respect to pregnancy, with priority given to deaths related to pregnancy; ; and (C) in paragraph (5) (as so redesignated), by striking through (3) and inserting through (4) ; and (2) in subsection (d)(4)(A)(iv), by inserting , including maternal mortality and other maternal morbidity outcomes before the semicolon. 3. Rural Obstetric Network Grants The Public Health Service Act is amended by inserting after section 317L–1 ( 42 U.S.C. 247b–13a ) the following: 317L–2. Rural Obstetric Network Grants (a) In general For the purpose of enabling the Secretary (through grants, contracts, or otherwise), acting through the Administrator of the Health Resources and Services Administration, to establish collaborative improvement and innovation networks (referred to in this section as rural obstetric networks ) to improve outcomes in birth and maternal morbidity and mortality, there is appropriated to the Secretary, out of any money in the Treasury not otherwise appropriated, $3,000,000 for each of fiscal years 2021 through 2025. Such amounts shall remain available until expended. (b) Use of funds Amount appropriated under subsection (a) shall be used for the establishment of collaborative improvement and innovation networks to improve maternal health in rural areas by improving outcomes in birth and maternal morbidity and mortality. Rural obstetric networks established in accordance with this section shall— (1) assist pregnant women and individuals in rural areas connect with prenatal, labor and birth, and postpartum care to improve outcomes in birth and maternal mortality and morbidity; (2) identify successful prenatal, labor and birth, and postpartum health delivery models for individuals in rural areas, including evidence-based home visiting programs and successful, culturally competent models with positive maternal health outcomes that advance health equity; (3) develop a model for collaboration between health facilities that have an obstetric health unit and health facilities that do not have an obstetric health unit; (4) provide training and guidance for health facilities that do not have obstetric health units; (5) collaborate with academic institutions that can provide regional expertise and research on access, outcomes, needs assessments, and other identified data; and (6) measure and address inequities in birth outcomes among rural residents, with an emphasis on Black and American Indians and Alaska Native residents, as such terms are defined in section 4 of the Indian Health Care Improvement Act. (c) Requirements (1) Establishment Not later than October 1, 2021, the Secretary shall establish rural obstetric health networks in at least 5 regions. (2) Definitions In this section: (A) Frontier area The term frontier area means a frontier county, as defined in section 1886(d)(3)(E)(iii)(III) of the Social Security Act. (B) Indian tribe The term Indian tribe has the meaning given such term in section 4 of the Indian Health Care Improvement Act. (C) Native Hawaiian health care system The term Native Hawaiian Health Care System has the meaning given such term in section 12 of the Native Hawaiian Health Care Improvement Act. (D) Region The term region means a State, Indian tribe, rural area, or frontier area. (E) Rural area The term rural area has the meaning given that term in section 1886(d)(2)(D) of the Social Security Act. (F) Tribal organization The term tribal organization has the meaning given such term in the Indian Self-Determination Act. (G) State The term State has the meaning given that term for purposes of title V of the Social Security Act. . 4. Telehealth network and telehealth resource centers grant programs Section 330I of the Public Health Service Act ( 42 U.S.C. 254c–14 ) is amended— (1) in subsection (f)(3), by adding at the end the following: (M) Providers of maternal, including prenatal, labor and birth, and postpartum care services and entities operation obstetric care units. ; (2) in subsection (h)(1)(B), by inserting labor and birth, postpartum, before or prenatal ; and (3) in subsection (j)(1)(B), by inserting , including equipment useful for caring for pregnant women and individuals, including ultrasound machines and fetal monitoring equipment before the semicolon. 5. Rural maternal and obstetric care training demonstration Part D of title VII of the Public Health Service Act is amended by inserting after section 760 ( 42 U.S.C. 294k ) the following: 760A. Rural maternal and obstetric care training demonstration (a) In general The Secretary shall establish a training demonstration program to award grants to eligible entities to support— (1) training for physicians, medical residents, including family medicine and obstetrics and gynecology residents, and fellows to practice maternal and obstetric medicine in rural community-based settings; (2) training for licensed and accredited nurse practitioners, physician assistants, certified nurse midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals such as doulas and community health workers, to provide maternal care services in rural community-based settings; and (3) establishing, maintaining, or improving academic units or programs that— (A) provide training for students or faculty, including through clinical experiences and research, to improve maternal care in rural areas; or (B) develop evidence-based practices or recommendations for the design of the units or programs described in subparagraph (A), including curriculum content standards. (b) Activities (1) Training for medical residents and fellows A recipient of a grant under subsection (a)(1)— (A) shall use the grant funds— (i) to plan, develop, and operate a training program to provide obstetric care in rural areas for family practice or obstetrics and gynecology residents and fellows; or (ii) to train new family practice or obstetrics and gynecology residents and fellows in maternal and obstetric health care to provide and expand access to maternal and obstetric health care in rural areas; and (B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such training. (2) Training for other providers A recipient of a grant under subsection (a)(2)— (A) shall use the grant funds to plan, develop, or operate a training program to provide maternal health care services in rural, community-based settings; and (B) may use the grant funds to provide additional support for the administration of the program or to meet the costs of projects to establish, maintain, or improve faculty development, or departments, divisions, or other units necessary to implement such program. (3) Academic units or programs A recipient of a grant under subsection (a)(3) shall enter into a partnership with organizations such as an education accrediting organization (such as the Liaison Committee on Medical Education, the Accreditation Council for Graduate Medical Education, the Commission on Osteopathic College Accreditation, the Accreditation Commission for Education in Nursing, the Commission on Collegiate Nursing Education, the Accreditation Commission for Midwifery Education, or the Accreditation Review Commission on Education for the Physician Assistant) to carry out activities under subsection (a)(3). (4) Training program requirements The recipient of a grant under subsection (a)(1) or (a)(2) shall ensure that training programs carried out under the grant include instruction on— (A) maternal mental health, including perinatal depression and anxiety and postpartum depression; (B) maternal substance use disorder; (C) social determinants of health that impact individuals living in rural communities, including poverty, social isolation, access to nutrition, education, transportation, and housing; and (D) implicit bias. (c) Eligible entities (1) Training for medical residents and fellows To be eligible to receive a grant under subsection (a)(1), an entity shall— (A) be a consortium consisting of— (i) at least one teaching health center; or (ii) the sponsoring institution (or parent institution of the sponsoring institution) of— (I) an obstetrics and gynecology or family medicine residency program that is accredited by the Accreditation Council of Graduate Medical Education (or the parent institution of such a program); or (II) a fellowship in maternal or obstetric medicine, as determined appropriate by the Secretary; or (B) be an entity described in subparagraph (A)(ii) that provides opportunities for medical residents or fellows to train in rural community-based settings. (2) Training for other providers To be eligible to receive a grant under subsection (a)(2), an entity shall be— (A) a teaching health center (as defined in section 749A(f)); (B) a Federally-qualified health center (as defined in section 1905(l)(2)(B) of the Social Security Act); (C) a community mental health center (as defined in section 1861(ff)(3)(B) of the Social Security Act); (D) a rural health clinic (as defined in section 1861(aa) of the Social Security Act); (E) a freestanding birth center (as defined in section 1905(l)(3) of the Social Security Act); (F) a health center operated by the Indian Health Service, an Indian tribe, a tribal organization, or a Native Hawaiian Health Care System (as such terms are defined in section 4 of the Indian Health Care Improvement Act and section 12 of the Native Hawaiian Health Care Improvement Act); or (G) an entity with a demonstrated record of success in providing academic training for nurse practitioners, physician assistants, certified nurse-midwives, certified midwives, certified professional midwives, home visiting nurses, or non-clinical professionals, such as doulas and community health workers. (3) Academic units or programs To be eligible to receive a grant under subsection (a)(3), an entity shall be a school of medicine or osteopathic medicine, a nursing school, a physician assistant training program, an accredited public or nonprofit private hospital, an accredited medical residency program, a school accredited by the Midwifery Education and Accreditation Council, or a public or private nonprofit entity which the Secretary has determined is capable of carrying out such grant. (4) Application To be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an estimate of the amount to be expended to conduct training activities under the grant (including ancillary and administrative costs). (d) Duration Grants awarded under this section shall be for a minimum of 5 years. (e) Study and report (1) Study (A) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the results of the demonstration program under this section. (B) Data submission Not later than 90 days after the completion of the first year of the training program, and each subsequent year for the duration of the grant, that the program is in effect, each recipient of a grant under subsection (a) shall submit to the Secretary such data as the Secretary may require for analysis for the report described in paragraph (2). (2) Report to Congress Not later than 1 year after receipt of the data described in paragraph (1)(B), the Secretary shall submit to Congress a report that includes— (A) an analysis of the effect of the demonstration program under this section on the quality, quantity, and distribution of maternal, including prenatal, labor and birth, and postpartum care services and the demographics of the recipients of those services; (B) an analysis of maternal and infant health outcomes (including quality of care, morbidity, and mortality) before and after implementation of the program in the communities served by entities participating in the demonstration; and (C) recommendations on whether the demonstration program should be expanded. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2021 through 2025. . 6. GAO report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the maternal, including prenatal, labor and birth, and postpartum care in rural areas. Such report shall include the following: (1) The location of gaps in maternal and obstetric clinicians and health professionals, including non-clinical professionals such as doulas and community health workers. (2) The location of gaps in facilities able to provide maternal, including prenatal, labor and birth, and postpartum care in rural areas, including care for high-risk pregnancies. (3) The gaps in data on maternal mortality and recommendations to standardize the format on collecting data related to maternal mortality and morbidity. (4) The gaps in maternal health by race and ethnicity in rural communities, with a focus on racial inequities for Black residents and among Indian Tribes and American Indian and Alaska Native rural residents (as such terms are defined in section 4 of the Indian Health Care Improvement Act). (5) A list of specific activities that the Secretary of Health and Human Services plans to conduct on maternal, including prenatal, labor and birth, and postpartum care. (6) A plan for completing such activities. (7) An explanation of Federal agency involvement and coordination needed to conduct such activities. (8) A budget for conducting such activities. (9) Other information that the Comptroller General determines appropriate. | https://www.govinfo.gov/content/pkg/BILLS-117s1491is/xml/BILLS-117s1491is.xml |
117-s-1492 | II 117th CONGRESS 1st Session S. 1492 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Smith (for herself, Ms. Klobuchar , and Mrs. Murray ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To direct the Administrator of the Small Business Administration to establish a forgivable loan program for remote recreational businesses, and for other purposes.
1. Short title This Act may be cited as the Remote Recreational Small Business Interruption Program Act . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Small Business Administration. (2) Remote recreational business The term remote recreational business means a business in the contiguous United States that is— (A) a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )) operating in the recreational industry; (B) located within 75 miles of the United States and Canadian border; and (C) only accessible by land via Canada. 3. Forgivable loan program for remote recreational businesses (a) In general The Administrator shall establish a program to make forgivable loans available to remote recreational businesses that experienced a loss in revenue that is greater than 50 percent during the period beginning on March 1, 2020 and ending on July 1, 2020 as compared with the same period during 2019. (b) Eligibility To be eligible for a forgivable loan under subsection (a), a remote recreational business shall— (1) have been in operation on March 1, 2020; and (2) show that the closure of the United States and Canadian border restricted the ability of American customers to access the location of the remote recreational business. (c) Loan amount The maximum loan amount under subsection (a) shall be equal to 75 percent of the gross annual receipts for the remote recreational business for fiscal year 2019. (d) Forgiveness Not later than 1 year after the date of enactment of this Act, the Administrator shall forgive 100 percent of the value of a loan made to a remote recreational business under subsection (a) less the amount the remote recreational business received from— (1) any other loan forgiveness program, including any program established under the CARES Act ( Public Law 116–136 ); or (2) an advance under section 1110 of the CARES Act ( 15 U.S.C. 9009 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1492is/xml/BILLS-117s1492is.xml |
117-s-1493 | II 117th CONGRESS 1st Session S. 1493 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Tester introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To sustain economic development and recreational use of National Forest System land in the State of Montana, to add certain land to the National Wilderness Preservation System, to designate new areas for recreation, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Blackfoot Clearwater Stewardship Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Forest restoration Sec. 101. Landscape assessment. Sec. 102. Environmental review of collaboratively developed restoration projects. TITLE II—Recreation Sec. 201. Otatsy Recreation Management Area. Sec. 202. Spread Mountain Recreation Area. Sec. 203. Trail-based recreation. TITLE III—Conservation Sec. 301. Designation of wilderness areas. Sec. 302. Administration of wilderness areas. Sec. 303. Maps and legal descriptions. TITLE IV—Effect Sec. 401. Protection of Tribal treaty rights. 2. Definitions In this Act: (1) District The term District means the Seeley Lake Ranger District of the Lolo National Forest. (2) Map The term Map means the map entitled Bob Marshall, Mission Mountains, Spread Mountain, and Scapegoat Wilderness Additions and Otatsy Recreation Management Area and dated February 22, 2017. (3) Secretary The term Secretary means the Secretary of Agriculture. (4) State The term State means the State of Montana. I Forest restoration 101. Landscape assessment (a) Landscape assessment Not later than 3 years after the date of enactment of this Act, the Secretary, in collaboration with interested parties, shall complete a landscape assessment of the District. (b) Required components The landscape assessment under subsection (a) shall— (1) assess the ecological condition of forests and watersheds within the District; and (2) identify restoration actions needed to facilitate ecosystem sustainability, resilience, and health by assisting in the recovery of forest ecosystems within the District. (c) Use of existing assessments The Secretary may fulfill the requirement under subsection (a) through the use of any landscape assessment being carried out as of the date of enactment of this Act that contains the components required under subsection (b). (d) Restoration schedule As soon as practicable after the completion of the landscape assessment under subsection (a), the Secretary, in collaboration with interested parties, shall develop for the District a 10-year schedule of restoration projects. 102. Environmental review of collaboratively developed restoration projects (a) Definition of collaboratively developed restoration project In this section, the term collaboratively developed restoration project means an activity or set of activities that fulfills the eligibility requirements of the Collaborative Forest Landscape Restoration Program under section 4003(b) of Public Law 111–11 ( 16 U.S.C. 7303(b) ). (b) Environmental review A collaboratively developed restoration project within the District may be carried out in accordance with the provisions applicable to hazardous fuel reduction projects under sections 104, 105, and 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514–6516 ). (c) Objector meeting In accordance with section 218.11 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), the Secretary may request a meeting with an objector to any collaboratively developed restoration project within the District. II Recreation 201. Otatsy Recreation Management Area (a) Establishment Subject to valid existing rights, certain Federal land in the Lolo National Forest comprising approximately 2,013 acres, as generally depicted on the Map, is designated as the Otatsy Recreation Management Area (referred to in this section as the recreation management area ). (b) Management The Secretary shall manage the recreation management area in accordance with— (1) this section, to conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the recreation management area; and (2) any laws (including regulations) relating to the National Forest System. (c) Prohibitions Except as provided in subsections (d) and (e), the following shall be prohibited on Federal land within the recreation management area: (1) Permanent roads. (2) Timber harvest. (3) Except as necessary to provide for snowmobile use, to meet the minimum requirements for the administration of the recreation management area, and to protect public health and safety— (A) the use of motorized and mechanized vehicles; and (B) the establishment of temporary roads. (d) Use of snowmobiles The use of snowmobiles shall be allowed within the recreation management area— (1) between December 1 and April 1; (2) during periods of adequate snow cover, as determined by the Secretary; and (3) subject to such terms and conditions as the Secretary determines to be necessary. (e) Wildfire, insect, and disease management In accordance with this section, the Secretary may carry out any measures in the recreation management area that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (f) Withdrawal Subject to valid existing rights, the recreation management area (including any Federal land acquired after the date of enactment of this Act for inclusion in the recreation management area) is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. 202. Spread Mountain Recreation Area (a) Establishment Subject to valid existing rights, certain Federal land in the Lolo National Forest, comprising approximately 3,835 acres, as generally depicted on the Map, is designated as the Spread Mountain Recreation Area (referred to in this section as the recreation area ). (b) Management The Secretary shall manage the recreation area in accordance with— (1) this section, to conserve, protect, and enhance the scenic, fish and wildlife, recreational, backcountry heritage, and other natural resource values of the recreation area; and (2) any laws (including regulations) relating to the National Forest System. (c) Prohibitions Except as provided in subsection (e), the following shall be prohibited on the Federal land within the recreation area: (1) Permanent roads. (2) Timber harvest. (3) Except as necessary to meet the minimum requirements for the administration of the recreation area and to protect public health and safety— (A) the use of motorized vehicles; and (B) the establishment of temporary roads. (d) Mechanized vehicles, pedestrians, and horse travel Nothing in this section prohibits— (1) the use of mechanized vehicles, access by pedestrians, or horse travel within the recreation area; or (2) the construction of trails for use by mechanized vehicles, pedestrians, and horse travel within the recreation area. (e) Wildfire, insect, and disease management In accordance with this section, the Secretary may take any measures in the recreation area that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (f) Withdrawal Subject to valid existing rights, the recreation area (including any Federal land acquired after the date of enactment of this Act for inclusion in the recreation area) is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. 203. Trail-based recreation (a) Definition of collaboratively developed In this section, the term collaboratively developed means a proposal that is developed and implemented through a collaborative process that— (1) includes multiple interested persons representing diverse interests; and (2) is transparent and nonexclusive. (b) Expanded trail recreation opportunities (1) In general If a local collaborative group submits to the Secretary, by not later than 5 years after the date of enactment of this Act, a collaboratively developed proposal to improve motorized and nonmotorized recreational trail opportunities within the District, the Secretary— (A) shall analyze the proposal in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (B) subject to appropriations, and in accordance with subsection (d), may provide for the construction of any of the routes included in the proposal. (2) Priority In completing the analysis required by paragraph (1)(A), in accordance with subsection (d), the Secretary shall give priority to expanding motorized and nonmotorized recreational trail opportunities within the District that are in the public interest. (3) Deadline The Secretary shall complete the analysis required by paragraph (1)(A) by not later than 3 years after the date on which the Secretary receives the applicable collaboratively developed proposal. (c) Use of volunteer services and contributions The Secretary may accept volunteer services and contributions from non-Federal sources to construct and maintain recreational trails under this section. (d) Compliance In carrying out this section, the Secretary shall comply with— (1) each provision of law (including regulations) that is generally applicable to the National Forest System; and (2) this Act. (e) Effect of section Nothing in this section affects the ownership or management of, or any other right relating to, any non-Federal land (including any interest in non-Federal land). III Conservation 301. Designation of wilderness areas In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq.), and subject to valid existing rights, the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bob Marshall Wilderness additions Certain land in the Lolo National Forest, comprising approximately 39,422 acres generally depicted as the North Fork Blackfoot-Monture Creek Addition (Bob Marshall Addition) and approximately 7,784 acres generally depicted as the Grizzly Basin of the Swan Range Addition on the Map, is incorporated in, and shall be considered to be a part of, the Bob Marshall Wilderness. (2) Mission Mountains Wilderness addition Certain land in the Lolo National Forest, comprising approximately 4,462 acres generally depicted as the West Fork Clearwater Addition on the Map, is incorporated in, and shall be considered to be a part of, the Mission Mountains Wilderness designated by Public Law 93–632 (88 Stat. 2153). (3) Scapegoat Wilderness additions Certain land in the Lolo National Forest, comprising approximately 27,392 acres generally depicted as the North Fork Blackfoot-Monture Creek Addition (Scapegoat Addition) on the Map, is incorporated in, and shall be considered to be a part of, the Scapegoat Wilderness designated by Public Law 92–395 (86 Stat. 578). 302. Administration of wilderness areas (a) Management Subject to valid existing rights, each wilderness addition designated by section 301 shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of the Act shall be considered to be a reference to the date of enactment of this Act. (b) Incorporation of acquired land and interests Any land within the boundary of a wilderness area designated by section 301 that is acquired by the United States shall— (1) become part of the wilderness area in which the land is located; (2) be withdrawn in accordance with subsection (c); and (3) be managed in accordance with this section, the Wilderness Act ( 16 U.S.C. 1131 et seq.), and any other applicable law. (c) Withdrawal Subject to valid existing rights, the Federal land designated as wilderness by section 301 is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may carry out any measures in the wilderness additions designated by section 301 that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency. (e) Access to private land In accordance with section 5(a) of the Wilderness Act ( 16 U.S.C. 1134(a) ), the Secretary shall provide to any owner of private land within the boundary of a wilderness addition designated by section 301 access to the private land. (f) Fish and wildlife Nothing in this title affects the jurisdiction or responsibilities of the State with respect to fish and wildlife, including the regulation of hunting, fishing, and trapping. (g) Snow sensors and stream gauges Nothing in this title prevents the installation or maintenance of hydrological, meteorological, or climatological instrumentation in a wilderness addition designated by section 301, if the Secretary determines that the installation or maintenance of the instrumentation is necessary to advance the scientific, educational, or conservation purposes of the wilderness area. (h) Livestock The grazing of livestock in the wilderness additions established by section 301, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary determines to be necessary, in accordance with— (1) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (2) the guidelines described in House Report 96–617 to accompany H.R. 5487 of the 96th Congress. (i) Outfitting and guide activities (1) In general In accordance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ), commercial services (including authorized outfitting and guide activities) within the wilderness additions designated by section 301 may be authorized to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the wilderness areas, in accordance with section 1503(b)(6) of Public Law 111–11 (123 Stat. 1035). (2) Effect Nothing in this title requires the Secretary to modify any permit in effect as of the date of enactment of this Act to provide outfitting and guide services within the wilderness additions designated by section 301 on a determination by the Secretary that the activities are in compliance with section 4(d)(5) of the Wilderness Act ( 16 U.S.C. 1133(d)(5) ). (j) Adjacent management (1) In general The designation of a wilderness addition by section 301 shall not create any protective perimeter or buffer zone around the wilderness area. (2) Nonwilderness activities The fact that a nonwilderness activity or use can be seen or heard from an area within a wilderness addition designated by section 301 shall not preclude the conduct of the activity or use outside the boundary of the wilderness area. 303. Maps and legal descriptions (a) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of— (1) the Otatsy Recreation Management Area established by section 201(a); (2) the Spread Mountain Recreation Area established by section 202(a); and (3) each wilderness addition designated by section 301. (b) Submission The Secretary shall submit the maps and legal descriptions prepared under subsection (a) to— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. (c) Force of law The maps and legal descriptions filed under subsection (b) shall have the same force and effect as if included in this title, except that the Secretary may correct any typographical errors in the maps or legal descriptions. (d) Public availability Each map and legal description filed under subsection (b) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management. IV Effect 401. Protection of Tribal treaty rights Nothing in this Act alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian Tribe. | https://www.govinfo.gov/content/pkg/BILLS-117s1493is/xml/BILLS-117s1493is.xml |
117-s-1494 | II 117th CONGRESS 1st Session S. 1494 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Moran introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To protect the privacy of consumers.
1. Short title; table of contents (a) Short title This Act may be cited as the Consumer Data Privacy and Security Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Collection and processing of personal data. Sec. 4. Right to know. Sec. 5. Individual control. Sec. 6. Security. Sec. 7. Accountability. Sec. 8. Rules relating to service providers. Sec. 9. Enforcement. Sec. 10. Relation to other laws. Sec. 11. Commission resources. Sec. 12. Guidance and reporting. Sec. 13. Severability. Sec. 14. Effective date. 2. Definitions In this Act: (1) Biometric information The term biometric information means information, resulting from specific technical processing related to the physical, biological, physiological, genetic, or behavioral characteristics of an individual, that identifies the individual. (2) Collection The term collection means acquiring personal data by any means, including by receiving, purchasing, or leasing the data or by observing or interacting with the individual to whom the data relates. (3) Commission The term Commission means the Federal Trade Commission. (4) Covered entity (A) In general The term covered entity means any entity that— (i) alone, or jointly with others, determines the purpose and means of collecting or processing personal data; and (ii) is— (I) a person over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ); (II) a common carrier subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) and Acts amendatory thereof and supplementary thereto; or (III) a nonprofit organization, including any organization that is not organized to carry on business for its own profit or that of its members. (B) Limitation An entity shall not be considered to be a covered entity with respect to personal data to the extent that the entity is a service provider with respect to such data. (5) De-identify The term de-identify means, with respect to personal data held by a covered entity or service provider, that the covered entity or service provider— (A) alters, anonymizes, or aggregates the data so that there is a reasonable basis for expecting that the data could not be linked (including by the entity or service provider) as a practical matter to a specific individual; (B) publicly commits to refrain from attempting to re-identify the data with a specific individual, and adopts controls to prevent such identification; and (C) causes the data to be covered by a contractual or other legally enforceable prohibition on each entity to which the covered entity or service provider discloses the data from attempting to use the data to identify a specific individual and requires the same of all onward disclosures. (6) Delete The term delete means to remove or destroy information such that the information is not able to be retrieved in the ordinary course of business. (7) Individual The term individual means a natural person residing in the United States. (8) Material change The term material change means a change to a policy or practice of a covered entity or service provider that— (A) relates to the collection or processing of personal data by the covered entity or service provider; (B) is likely to affect the conduct or decision of a reasonable individual with respect to any personal data of the individual that is subject to such policy or practice; and (C) in the case of a service provider, is made at the direction of the covered entity on whose behalf the service provider is performing a service or function. (9) Personal data (A) In general The term personal data means information that identifies or is linked or reasonably linkable to a specific individual. (B) Linked or reasonably linkable (i) In general For purposes of subparagraph (A), information held by a covered entity or service provider is linked or reasonably linkable to a specific individual if it can be used on its own or in combination with other information held by, or readily accessible to, the covered entity or service provider to identify the individual. (ii) Application to device-level identifiers A persistent identifier that is used to identify a specific individual over time and across services and platforms, including a customer number held in a cookie, a static Internet Protocol (IP) address, a processor or device serial number, or another unique device identifier, shall be considered information that is linked or reasonably linkable to the individual for purposes of subparagraph (A). (C) Exclusion The term personal data does not include— (i) de-identified data; (ii) data that has been rendered unreadable or indecipherable; (iii) information about employees or employment status collected or used by an employer pursuant to an employer-employee relationship, including information related to prospective employees and relevant application materials; (iv) publicly available information; (v) data that has undergone pseudonymization; or (vi) employee data. (D) Employee data For purposes of subparagraph (C), the term employee data means information collected by a covered entity or the service provider of a covered entity that is— (i) contact information for an individual or the individual's emergency contact that is collected in the course of the individual’s employment or application for employment (including on a contract or temporary basis) with the covered entity, provided that such information is retained or processed by the covered entity or service provider solely for purposes related to the individual's employment or application for employment with the covered entity; or (ii) information about an individual who is an employee or former employee of the covered entity (or a relative of such an individual) that is necessary to administer benefits to which such individual or relative is entitled on the basis of the individual’s employment with the covered entity, provided that such data is retained or processed by the covered entity or service provider solely for the purpose of administering such benefits. (10) Pseudonymization The term pseudonymization means the processing of personal data so that the personal data can no longer be attributed or reasonably linked to a specific individual without the use of additional information, provided that such additional information— (A) is kept separately; and (B) is subject to technical and organizational measures to ensure that the personal data is not attributed to a specific individual. (11) Privacy officer The term privacy officer means an individual designated by a covered entity or service provider under section 7(b)(1) to be the privacy officer of the covered entity. (12) Processing The term processing means any operation or set of operations performed on personal data, including the analysis, organization, structuring, retaining, using, disclosing, transmitting, sharing, transferring, selling, licensing, or otherwise handling of personal data. (13) Publicly available information (A) In general The term publicly available information means any information that a covered entity or service provider has a reasonable basis to believe is lawfully made available to the general public from— (i) a Federal, State, or local government record; (ii) widely distributed media; or (iii) a disclosure to the general public that is made voluntarily by an individual, or required to be made by a Federal, State, or local law. (B) Reasonable basis to believe For purposes of subparagraph (A), reasonable bases for believing that information is lawfully made available to the general public shall include a written determination by a covered entity or service provider that the information is of a type that is lawfully made available to the general public. (14) Sensitive personal data The term sensitive personal data means personal data that is— (A) a unique, government-issued identifier, such as a social security number, passport number, driver’s license number, or taxpayer identification number; (B) a user name or email address in combination with a password or security question and answer that would permit access to an online account; (C) biometric information of an individual; (D) the content of a wire communication, oral communication, or electronic communication, as those terms are defined in section 2510 of title 18, United States Code, to which the individual is a party, unless the covered entity is the intended recipient of the communication; (E) information that relates to— (i) the past, present, or future diagnosed physical or mental health or condition of an individual; (ii) the provision of health care to an individual; or (iii) the past, present, or future payment for the provision of health care to an individual; (F) a financial account number, debit card number, credit card number, if combined with an access code, password, or credentials that provide access to such an account; (G) the race or ethnicity of the individual; (H) the religious beliefs or affiliation of the individual; (I) the sexual orientation of the individual; (J) the precise geolocation of an individual that is technically derived and that is capable of determining with reasonable specificity the past or present actual physical location of the individual more precisely than a zip code, street, or town or city level; or (K) such other specific categories of personal data as the Commission may define by rule issued in accordance with section 553 of title 5, United States Code, the collection or processing of which could lead to reasonably foreseeable harm to an individual. (15) Service provider The term service provider means an entity that collects or processes personal data on behalf of, and at the direction of, a covered entity to which the service provider is unaffiliated, but only— (A) with respect to the personal data collected or processed on the behalf of, and at the direction of, such covered entity; and (B) to the extent that the collection or processing— (i) is on the behalf of, and at the direction of, such covered entity; or (ii) is permitted under section 3(c). (16) Small business The term small business means any covered entity or service provider that— (A) for the most recent 6-month period— (i) employs not more than 500 employees; and (ii) maintains less than $50,000,000 in average gross receipts for the previous 3 years; and (B) collects or processes on an annual basis— (i) the personal data of fewer than 1,000,000 individuals; or (ii) the sensitive personal data of fewer than 100,000 individuals. (17) Third party (A) In general The term third party means a covered entity that receives third party personal data from an unaffiliated covered entity, but only with respect to such third party personal data. (B) Third party personal data For purposes of subparagraph (A), the term third party personal data means personal data that a covered entity discloses to another unaffiliated covered entity and such disclosure— (i) is not directed by the individual to whom the personal data relates; and (ii) is not necessary to complete a transaction or fulfill a request made by the individual to whom such data relates. (18) Unaffiliated The term unaffiliated means, with respect to two or more entities, that the entities do not share interrelated operations, common management, centralized control of labor relations, or common ownership or financial control. 3. Collection and processing of personal data (a) Requirements (1) In general Except as provided in paragraphs (2) and (3), a covered entity shall not collect or process personal data of an individual unless— (A) the individual has consented explicitly or implicitly to such collection or processing for a specific purpose, in accordance with subsection (b); or (B) the covered entity collects or processes the personal data in accordance with a permissible purpose described in subsection (c). (2) Application to third parties (A) In general A covered entity that is a third party with respect to the personal data of an individual may collect or process such personal data without directly obtaining the individual's consent as required under paragraph (1)(A) if— (i) the covered entity from whom the third party received the personal data of the individual involved— (I) has provided the individual with notice of— (aa) the fact that the covered entity would disclose the individual's personal data to the third party; and (bb) the purposes for which the third party will collect or process the personal data of the individual; and (II) the individual has consented to such disclosure and such collection or processing of the individual's personal data; or (ii) the third party collects or process the personal data in accordance with a permissible purpose described in subsection (c). (B) Notice and consent requirement for different or additional collection or processing A covered entity that is a third party with respect to the personal data of an individual shall obtain the consent of such individual in accordance with subsection (b) before collecting or processing such personal data if the specific purpose for such collection or processing— (i) is not a purpose described in paragraph (1), (2), (4), or (6) of subsection (c); and (ii) is different from, or in addition to, the purpose for any collection or processing to which the individual previously consented in accordance with subsection (b). (C) Duty to exercise reasonable due diligence prior to reliance on covered entity representations For purposes of subparagraph (A), a covered entity that is a third party with respect to the personal data of an individual may reasonably rely on representations made by the covered entity from whom the third party received such data regarding the notice provided to, and the consent obtained from, such individual, provided that the third party has determined, after exercising reasonable due diligence, that the covered entity is credible. (3) Notice and consent obtained by service providers A service provider may provide notice to, and obtain consent from, an individual in accordance with subsection (b) on behalf of a covered entity. (b) Consent (1) In general (A) Implicit consent Except as provided in subparagraph (B), an individual shall be deemed to have consented to a request to collect or process the individual's personal data if the individual fails to decline the request after being provided with the notice described in paragraph (2) and a reasonable amount of time to respond to the request. (B) Express affirmative consent requirement (i) In general The express affirmative consent of an individual is required to collect or process the personal data of the individual if the collection or processing— (I) involves sensitive personal data of the individual; or (II) involves the disclosure of personal data to a third party for a purpose that is not described in subsection (c). (ii) Requirements for valid express affirmative consent For purposes of clause (i), the express affirmative consent of an individual to a request to collect or process the personal data of the individual— (I) shall be clearly, prominently, and unmistakably stated; (II) shall be provided in response to a request that includes the notice described in paragraph (2); and (III) cannot be inferred from inaction. (2) Notice required (A) In general In requesting the consent of an individual to collect or process the individual's personal data, a covered entity shall provide the individual with notice, in a concise, meaningful, timely, prominent, and easy-to-understand format, that includes— (i) the types of personal data collected and processed; (ii) a description of the purposes for which the covered entity seeks to collect or process that individual's personal data; and (iii) the information described in subparagraph (B). (B) Contents The notice provided by a covered entity under subparagraph (A) shall include— (i) information on how the individual may access the privacy policy of the covered entity described in section 4(a); (ii) information on how the individual may exercise the rights provided for under this Act; and (iii) notice of whether the collection or processing by the covered entity— (I) includes the disclosure of personal data to third parties; or (II) involves sensitive personal data. (C) Separation If consent is obtained in the context of a notice that also concerns matters other than the collection or processing of personal data, the request for consent shall be presented in a manner that is clearly distinguishable from the other matters. (3) Withdrawal of consent (A) In general A covered entity shall provide an individual with the means to withdraw previously given consent to collect or process the personal data of the individual— (i) at any time and place that is reasonably practicable; and (ii) in a manner that is as accessible as reasonably practicable. (B) Effect A withdrawal made under subparagraph (A)— (i) shall take effect without undue delay; (ii) shall remain in effect until the individual revokes or limits that denial or withdrawal; and (iii) shall not apply to any collection or processing of personal data that occurred before the date on which the withdrawal is made. (c) Permissible purposes A covered entity or service provider may collect or process the personal data of an individual without consent to the extent that such collection or processing is reasonably necessary and limited to the following purposes (except that a covered entity that is a third party with respect to personal data may not collect or process such data without consent for the purposes described in paragraphs (3), (5), and (6)): (1) Provision of service or performance of a contract To— (A) provide a service, perform a contract, or conduct a transaction that the individual has initiated; or (B) take steps in furtherance of the request initiated by the individual prior to providing the service or entering into a contract or transaction. (2) Compliance with laws To comply with a Federal, State, or local law or another applicable legal requirement, including a subpoena, summons, or other properly executed compulsory process, or to exercise or defend a legal claim, as specifically authorized by law. (3) Immediate danger To prevent imminent danger to the personal safety of any individual, including by effectuating a product recall pursuant to Federal or State law. (4) Fraud prevention and protection of security To protect the rights, property, services, or information systems of the covered entity or service provider, or any individual, including to investigate a possible crime or to protect against security threats, abuse, malicious conduct, deception, fraud, theft, unauthorized transactions, or any other unlawful activity. (5) Research In the case of a covered entity only, to conduct research that— (A) is performed for the primary purpose of advancing a broadly recognized public interest; (B) is performed by the covered entity (or by a service provider at the direction of the covered entity) and is not disclosed to any third party; (C) is broadly compatible with the purposes for which the data was originally collected or processed; and (D) adheres to all applicable ethics and privacy laws. (6) Operational purposes To— (A) perform internal operations or analytics for a product or service offered by the covered entity or service provider, such as billing, shipping, internal systems maintenance, diagnostics, inventory management, financial reporting or accounting, serving an internet website, or network management; (B) use on a short-term, transient basis, provided that the personal data— (i) is not disclosed to a third party; and (ii) is not used to build a persistent profile of the individual; (C) in the case of a covered entity only, market or advertise a service or product to an individual if the personal data used for the marketing or advertising was collected directly from the individual by the covered entity or by a service provider on behalf of the covered entity; (D) improve a product, service, or activity used, requested, or authorized by the individual, including analytics, forecasting, the repair of errors that impair existing intended functionality, actions to verify or maintain quality or safety of the product, service, or activity, or the ongoing provision of customer service and support by the covered entity or service provider; or (E) other additional specific categories of operational purposes that the Commission may define by rule, issued in accordance with section 553 of title 5, United States Code. (d) Limiting the retention of sensitive personal data A covered entity shall delete or de-identify sensitive personal data, and shall direct its service providers to delete or de-identify sensitive personal data, after the data is no longer reasonably necessary to accomplish the intended purposes permitted by this section, unless such deletion or de-identification is impossible or demonstrably impracticable. (e) Bankruptcy If a covered entity or service provider commences a case under title 11 of the United States Code, and the case or any proceeding under the case is expected to lead to the disclosure of the personal data of any individual, the covered entity or service provider shall, in a reasonable amount of time before the disclosure, provide each individual whose personal data is subject to the disclosure with— (1) a notice of the proposed disclosure, including— (A) the name of each third party to which the personal data will be disclosed; and (B) a description of the policies and practices relating to personal data of each such third party; and (2) the opportunity to— (A) deny consent, or withdraw previously given consent, to the disclosure of the personal data; or (B) request that the covered entity or service provider delete or de-identify the personal data. 4. Right to know (a) In general A covered entity shall make publicly available, in a clear and prominent location and in easy-to-understand language, a privacy policy that includes— (1) a clear and specific description of the entity's policies and practices with respect to personal data; (2) a clear and specific description of the rights of individuals with respect to their personal data (including the rights described in section 5) and information on how to exercise those rights; and (3) the information described in subsection (c). (b) Availability of previous versions A covered entity shall make publicly available any previous version of a privacy policy required under subsection (a). (c) Contents A privacy policy required under subsection (a) shall include— (1) the identity and the contact details of the covered entity, including, where applicable, the representative of the covered entity for purposes of privacy inquiries or its privacy officer; (2) a clear description of each category of personal data collected by the covered entity and the purposes for which each such category is collected and processed; (3) a clear description of any relevant retention periods (if possible) and any criteria and other information with respect to the deletion or de-identification of personal data collected and processed by the covered entity; (4) whether, and for what purposes, the covered entity discloses personal data to third parties, each category of personal data disclosed to third parties, and the types of third parties to which those categories of personal data are disclosed; (5) whether, and for what purposes, the covered entity receives personal data from third parties, the categories of personal data received from third parties, and the types of third parties from which the covered entity receives personal data; (6) a clear description of the process by which the covered entity informs individuals of material changes to its policies and practices with respect to its collection and processing of personal data; (7) the specific steps an individual may take to minimize the collection or processing by the covered entity of the individual's personal data, and the relevant implications to the individual from minimizing such collection or processing; and (8) the effective date of the privacy policy. (d) Exceptions A covered entity shall not be required to make available a privacy policy under this subsection with respect to the collection or processing of personal data that is reasonably necessary and limited to— (1) an in-person transaction where the personal data is not processed for further purposes incompatible with that transaction; (2) comply a Federal, State, or local law or another applicable legal requirement, including a subpoena, summons, or other properly executed compulsory process; (3) prevent imminent danger to the personal safety of any individual; or (4) protect the rights or data security of the covered entity, a service provider of the covered entity, or any individual, including to investigate a possible crime or to protect against security threats, abuse, fraud, theft, unauthorized transactions, or any other unlawful activity. (e) Material changes (1) In general A covered entity, upon any material change to the privacy policy of the covered entity or a material change to the privacy policy of a service provider that is made at the direction of the covered entity— (A) shall notify each individual whose personal data is collected or processed by the covered entity, or a service provider on behalf of the covered entity, with a description of the material change, including— (i) change to the categories of personal data the covered entity or service provider processes; (ii) change to the purposes for which the covered entity or service provider processes personal data; (iii) change to the manner in which the covered entity or service provider discloses personal data to third parties; and (iv) which, if any, changes are retroactive; and (B) shall not process (or, in the case of a material change to the privacy policy of a service provider that is directed by the covered entity, shall not direct the service provider to process) any sensitive personal data of an individual that was collected by the covered entity or service provider before the effective date of the material change in a manner that is inconsistent with the privacy policy that was applicable at the time such data was collected until the individual provides express affirmative consent to such processing. (2) Direct notice of material change to affected individuals A covered entity shall, if operationally and technically feasible, directly provide the notice of a material change required under paragraph (1)(A) to each affected individual, taking into account available technology and the nature of the relationship between the covered entity and the individual. (3) Public notice of material change Where directly providing the notice of a material change required under paragraph (1)(A) to each affected individual is impossible or demonstrably impracticable, a covered entity— (A) shall publish the notice in a reasonably prominent location; and (B) shall not process personal data that was collected by the covered entity before the effective date of the material change in a manner that is inconsistent with the privacy policy that was applicable at the time such data was collected until after the notice has been so published for a period of time that is reasonably sufficient to give affected individuals the opportunity to exercise their rights with respect to their personal data. 5. Individual control (a) Privacy controls Each covered entity shall— (1) provide each individual whose personal data is collected or processed by the covered entity with a reasonably accessible, clear and conspicuous, and easy-to-use means to exercise the individual's rights established under this section with respect to such data; (2) if applicable, offer the means required under paragraph (1) through the same means that the individual routinely uses to interact with the covered entity; and (3) make the means required under paragraph (1) available at no additional cost to the individual. (b) Right To access (1) In general A covered entity shall, in response to a verified request from an individual— (A) confirm whether or not the covered entity has collected or processed the personal data of the individual; and (B) if the covered entity has collected or processed the personal data of the individual, provide, within a reasonable time after receiving the request, the individual with— (i) a copy, or an accurate representation, of the personal data pertaining to the individual collected and processed by the covered entity; and (ii) a list of the categories of third parties to which the covered entity has disclosed the personal data of the individual, if applicable. (2) Ease of access (A) Format The covered entity shall provide the information described in paragraph (1)(B) in an electronic format unless— (i) the individual requests to receive the information by other means; or (ii) providing the information electronically is impossible or demonstrably impracticable. (B) Data portability If a covered entity provides an individual with information in an electronic format under subparagraph (A), the covered entity shall, where technically feasible and reasonably practicable, provide the individual with— (i) the ability to export the personal data generated and submitted by the individual in a structured, commonly-used, and machine-readable format; and (ii) the ability to transmit such information to another entity without constraints or conditions. (c) Rights to accuracy and correction (1) In general A covered entity shall establish reasonable procedures designed to— (A) ensure that the personal data that the covered entity collects and processes with respect to an individual is accurate and up-to-date; and (B) provide individuals with the ability to submit a verified request to the covered entity to— (i) dispute the accuracy and completeness of such personal data; and (ii) request the appropriate correction of such personal data. (2) Dispute and correction Each covered entity shall ensure that the ability of an individual to dispute or request that the covered entity correct personal data as described in paragraph (1) is provided in a manner that is appropriate and reasonable based on the benefits and risks of harm to the individual regarding the accuracy of the personal data. (3) Exceptions for publicly available information A covered entity shall not be required to verify the accuracy of publicly available information if the covered entity has reasonable procedures to ensure that the publicly available information assembled or maintained by the covered entity accurately reflects the information available to the general public. (d) Right to erasure (1) In general Except for personal data collected and processed in accordance with a permissible purpose described in section 3(c), upon a verified request from an individual, a covered entity shall, without undue delay, delete or de-identify the personal data of the individual, and shall direct any service providers of the covered entity to delete or de-identify such data. (2) Special considerations In determining whether a covered entity that is a small business has complied with a verified request under paragraph (1) in a timely fashion, the Commission shall take into account the amount of time that the entity requires to comply with the request considering the technical feasibility, cost, and burden to the entity of complying with the request. (e) Frequency and cost To exercise rights (1) In general A covered entity— (A) shall comply with a verified request from any individual to exercise each of the rights described in subsections (b), (c), and (d) not less frequently than twice in any 12-month period; and (B) the first 2 times that an individual makes a verified request described in subparagraph (A) in any 12-month period, shall comply with such requests without any charge to the individual. (2) Manifestly unfounded and excessive requests If an individual submits a manifestly unfounded or frivolous request to exercise a right under subsection (b), (c), or (d), or an excessive number of requests under such subsections, the covered entity may— (A) charge a reasonable fee, taking into account the administrative costs of providing the personal data, communication, or taking the action requested by the individual; or (B) refuse to act on the request. (f) Verified request (1) In general A request to exercise a right described in this section shall only be considered a verified request if the covered entity verifies that the individual making the request is the individual whose personal data is the subject of the request. (2) Verification of identity (A) In general A covered entity shall make a reasonable effort to verify the identity of any individual who submits a request to exercise a right under this section. (B) Additional information If a covered entity cannot verify the identity of the individual submitting a request under this subsection, the covered entity— (i) may request that the individual provide such additional information as is necessary to confirm the identity of the individual; and (ii) shall only process additional information provided under clause (i) for the purpose of verifying the identity of the individual. (g) Declination of requests (1) In general A covered entity— (A) shall decline to act on a request under this section where, after undertaking a reasonable effort, the entity cannot verify that the individual making the request is the individual whose personal data is the subject of the request; (B) may decline to act on a request under this section where fulfilling the request would— (i) require the covered entity or a service provider of the covered entity to retain any personal data collected for a single, one-time transaction, if such personal data is not processed for additional purposes; (ii) be impossible or demonstrably impracticable, or require any steps or measures to re-identify, or otherwise alter or manipulate, information that is de-identified; (iii) be contrary to the legitimate interests of the covered entity or a service provider of the covered entity, such as completing a transaction, repairing functionality or errors, or performing a contract between the covered entity and the individual; (iv) impair the ability of the covered entity or a service provider of the covered entity to detect or respond to a security incident, provide a secure environment, or protect against malicious, deceptive, fraudulent, or illegal activity; (v) hinder compliance with a legal obligation or legally recognized privilege, such as a requirement to retain certain information, or the establishment, exercise, or defense of legal claims; (vi) interfere with research (conducted in accordance with section 3(c)(5)) when the deletion of the personal data is likely to render impossible or seriously impair such research; or (vii) create a legitimate risk to the privacy, security, safety, or other rights of the individual, an individual other than the requester, or the covered entity, based on a reasonable individualized determination by the covered entity; and (C) shall not be required to act on a request under this section if the covered entity is unable to fulfill the request because— (i) the covered entity requires the assistance of a service provider to fulfill the request; and (ii) the service provider has informed the covered entity that the service provider is unable to assist the covered entity in fulfilling the request for a reason specified in section 8(c)(3)(A)(ii)(IV). (2) Notice of reasons for declination If the covered entity declines to act on a request pursuant to paragraph (1), the covered entity shall inform the individual who made the request of the reasons for such declination and any rights the individual may have to appeal the decision of the covered entity. (h) Exception for small businesses The requirements under subsections (b) and (c) shall not apply to a covered entity that is a small business. (i) Guidance The Commission shall, after consulting with and soliciting comments from consumer data industry representatives, issue guidance describing nonbinding best practices for covered entities and service providers of different business sizes and types to develop privacy controls as described in this section. 6. Security (a) In general Each covered entity and service provider shall develop, document, implement, and maintain a comprehensive data security program that contains reasonable administrative, technical, and physical safeguards designed to protect the security, confidentiality, and integrity of personal data from unauthorized access, use, destruction, acquisition, modification, or disclosure. (b) Considerations of safeguards The safeguards required under subsection (a) with respect to a covered entity or service provider shall be appropriate to— (1) the size, complexity, and resources of the covered entity or service provider; (2) the nature and scope of the activities of the covered entity or service provider; (3) the technical feasibility and cost of available tools, external audits or assessments, and other measures used by the covered entity or service provider to improve security and reduce vulnerabilities; (4) the sensitivity of the personal data involved; and (5) the potential for unauthorized access, use, destruction, acquisition, modification, or disclosure of the personal data involved to result in economic loss, identity theft, fraud, or physical injury to the individuals to whom such data relates. (c) Requirements for program A comprehensive data security program under this section shall be designed to, at a minimum— (1) designate an employee or employees to be responsible for overseeing and maintaining its safeguards; (2) identify material internal and external risks to the security and confidentiality of personal data and assess the sufficiency of any safeguards in place to control these risks, including consideration of risks in each relevant area of the operations of the covered entity or service provider, including— (A) employee training and management; (B) information systems, including network and software design, as well as information processing, storage, transmission, and disposal; (C) detecting, preventing, and responding to attacks, intrusions, or other systems failures; and (D) whether the covered entity or service provider has taken action to address and prevent reasonably known and addressable security vulnerabilities; (3) implement safeguards designed to control the risks identified in the covered entity's or service provider's risk assessment, and regularly assess the effectiveness of those safeguards; (4) maintain reasonable procedures to require that third parties and service providers to whom personal data is transferred by the covered entity or service provider involved maintain reasonable administrative, technical, and physical safeguards designed to protect the security and confidentiality of personal data; and (5) evaluate and make reasonable adjustments to the safeguards in light of material changes in technology, internal or external threats to personal data, and the changing business arrangements or operations of the covered entity or service provider. 7. Accountability (a) Definition of applicable entity In this section, the term applicable entity means a covered entity or service provider that, on an annual basis, conducts collection and processing of— (1) the personal data of more than 20,000,000 individuals; or (2) the sensitive personal data of more than 1,000,000 individuals. (b) Privacy officer (1) Designation Each applicable entity shall— (A) designate an employee of the applicable entity, or an individual who is a contractor of the applicable entity, to be the privacy officer responsible for overseeing its policies and practices relating to the collection and processing of personal data; and (B) ensure that the privacy officer is involved in all issues relating to the privacy and security of personal data. (2) Conflicts of interest The privacy officer may perform other tasks and duties for the applicable entity, but only to the extent that the applicable entity ensures that the performance of those other tasks or duties does not present a conflict of interest with respect to the duties and responsibilities of the privacy officer role. (3) Responsibilities The privacy officer shall— (A) inform and advise the applicable entity of the obligations of the applicable entity under this Act; (B) monitor compliance by the applicable entity with this Act; (C) oversee— (i) in the case of an applicable entity that is a covered entity, each privacy impact assessment carried out under subsection (c); and (ii) the comprehensive privacy program implemented under subsection (d); and (D) act as a contact for the Commission, other Federal, State, and local authorities, and the applicable entity with respect to matters relating to the privacy and security of personal data. (c) Consideration of privacy implications of material changes in processing sensitive personal data (1) In general If an applicable entity that is a covered entity intends to begin a new collection or processing activity or to make a material change in its processing of sensitive personal data, the applicable entity shall, before beginning the new processing activity or making the material change, consider the privacy implications, if any of the change. (2) Considerations An applicable entity that is a covered entity shall ensure, in considering the privacy implications of a material change as required under paragraph (1), that the consideration is reasonable and appropriate with respect to the sensitive personal data that will be affected by the new processing activity or the material change in processing by considering— (A) the nature and volume of the sensitive personal data; and (B) the potential for the new processing activity or the material change to be a proximate cause of harm to individuals to whom the sensitive personal data pertains. (3) Approval The privacy officer shall be required to approve the findings of a privacy impact assessment carried out under paragraph (1) before a applicable entity that is a covered entity may begin the new processing activity or make the material change that is the subject of the privacy impact assessment. (4) Documentation An applicable entity that is a covered entity shall document and maintain in written form any privacy impact assessment carried out under paragraph (1) if the new processing activity or material change that is the subject of the privacy impact assessment involves sensitive personal data. (d) Comprehensive privacy program (1) In general Each applicable entity shall implement a comprehensive privacy program to safeguard the privacy and security of personal data collected or processed by the applicable entity for the life cycle of development and operational practices of its products or services, including by— (A) enhancing the privacy and security of personal data collected or processed by the applicable entity through appropriate technical or operational safeguards, such as encryption, de-identification, and other privacy enhancing technologies; (B) verifying that the applicable entity's practices relating to the collection and processing of personal data are consistent with— (i) the entity's policies and documentation of such policies; (ii) in the case of an applicable entity that is a covered entity, representations the entity makes to individuals; and (iii) in the case of an applicable entity that is a service provider, representations the entity makes to covered entities to which the entity provides services; and (C) ensuring that the privacy controls of the applicable entity are adequately accessible to, and effective at safeguarding the expressed preferences of— (i) in the case of an applicable entity that is a covered entity, each individual whose personal data is collected or processed by the covered entity (excluding any personal data with respect to which the covered entity is a third party); and (ii) in the case of an applicable entity that is a service provider, each covered entity to which the entity provides services. (2) Considerations In implementing a comprehensive privacy program under paragraph (1), each applicable entity shall— (A) take into consideration, as applicable given the entity's role as a covered entity or service provider— (i) the relevant risks to the privacy and security of personal data against which the applicable entity must guard in meeting the expectations of individuals; (ii) the requirements under this Act; (iii) the size and complexity of the applicable entity; and (iv) the sensitivity and volume of the personal data that the applicable entity processes; and (B) address the findings and implement the recommendations contained in privacy impact assessments that the applicable entity carries out under subsection (c). 8. Rules relating to service providers (a) Obligations of covered entities with respect to service providers (1) In general A covered entity shall only disclose personal data to a service provider pursuant to a contract that is binding on both parties and meets the requirements of subsection (b). (2) Due diligence (A) In general Any covered entity that discloses personal data to a service provider shall— (i) take reasonable steps to identify whether the service provider has established appropriate procedures and controls for ensuring the privacy and security of the personal data in a manner that complies with the requirements of this Act, including through reasonable representations made to the covered entity by the service provider in the contract governing the disclosure of personal data to the service provider; and (ii) investigate any circumstances for which a reasonable person would determine that there is a high probability that the service provider is not in compliance with a requirement of this Act, and, if necessary based on the findings of such investigation, take reasonable steps to protect the privacy and security of any personal data disclosed by the covered entity to the service provider that is at risk as a result of the service provider's noncompliance with a requirement of this Act. (B) Considerations In determining whether a covered entity has acted reasonably in complying with clause (i) or (ii) of subparagraph (A), the Commission shall take into account— (i) the size, complexity, and resources of the covered entity and whether the covered entity is a small business; and (ii) the risk of harm reasonably expected to occur as a result of the covered entity disclosing personal data to a service provider without complying with such clause. (b) Contractual requirements (1) In general A contract between a covered entity and a service provider governing the disclosure of personal data by the covered entity to the service provider shall— (A) require the service provider to only collect or process the personal data as directed by the covered entity; (B) establish the purposes for, and means of, the collecting or processing of the personal data by the service provider, including instructions, policies, and practices, as applicable, with which the service provider is required to comply; and (C) include a reasonable representation by the service provider indicating that the service provider has established appropriate procedures and controls to comply with the requirements of this Act. (2) Limitation No contract governing the disclosure of personal data by a covered entity to a service provider shall relieve a covered entity or service provider of any requirement or obligation with respect to such personal data that is imposed on the covered entity or service provider, as applicable, by this Act. (c) Service provider obligations (1) Notice of processing of personal data to comply with legal requirement In the event that a service provider is required to process personal data in order to comply with a legal requirement, including a subpoena, summons, or other properly executed compulsory process, the service provider shall inform the covered entity from which it received the personal data involved of such legal requirement before such processing, unless the service provider is otherwise prohibited by law from providing such notification. (2) Notice of change to policies or practices If a service provider amends its policies or practices relating to personal data in a manner that is relevant to compliance with any provision of this Act, the service provider shall provide reasonable notice in advance of such change to any covered entity on whose behalf the service provider collects or processes personal data. (3) Responsibilities (A) Individual control requests A service provider that collects or processes personal data on behalf of a covered entity shall, to the extent possible, either— (i) provide the covered entity with appropriate technical and organizational measures to enable the covered entity to comply with requests to exercise rights described in section 5 with respect to any such personal data that is held by, and reasonably accessible to, the service provider; or (ii) respond to any request made by the covered entity for assistance in complying with a request to exercise such a right with respect to such personal data that the covered entity has verified as described in section 5(f) and has determined must be complied with under this Act by, as appropriate— (I) in the case of a request described in subsection (b) of section 5, providing the covered entity with access to any relevant personal data held by, and reasonably available to, the service provider; (II) in the case of a request described in subsection (c) of such section, by correcting any relevant personal data held by, and reasonably accessible to, the service provider, and providing the covered entity with notice of such correction; (III) in the case of a request described in subsection (d) of such section, by deleting, de-identifying, or returning to the covered entity any relevant personal data held by, and reasonably accessible to, the service provider, and providing the covered entity with notice of such action; or (IV) informing the covered entity that— (aa) the service provider does not hold any personal data related to the request; (bb) the service provider cannot reasonably access any personal data related to the request; or (cc) complying with the request would be inconsistent with a legal requirement to which the service provider is subject. (B) Deletion of data upon completion of service Except as otherwise required by law, as soon as practicable after the completion of the service or function for which a service provider collected or processed personal data on behalf of a covered entity, the service provider shall delete, de-identify, or return to the covered entity all such personal data. (C) Assurance of compliance (i) In general Subject to clause (ii), a service provider shall make available to a covered entity on whose behalf the service provider collects or processes personal data information necessary to demonstrate the service provider's compliance with subparagraph (A). (ii) Written representation of compliance If the information described in clause (i) is not technically available to a service provider, the service provider may comply with clause (i) by providing the covered entity with a written representation stating that the service provider is in compliance with subparagraph (A). (4) Subcontractor requirements A service provider that is collecting or processing personal data on behalf of a covered entity shall not employ a subcontractor to carry out or assist in such collection or processing unless— (A) the service provider has provided the covered entity with an opportunity to object to the use of such subcontractor; and (B) the subcontractor is subject (pursuant to an agreement between the service provider and the subcontractor) to the same requirements and obligations as the service provider with respect to the collection and processing of the personal data. (5) Considerations In determining whether a service provider has acted reasonably in complying with this subsection, the Commission shall take into account— (A) the size, complexity, and resources of the service provider and whether the service provider is a small business; and (B) the risk of harm reasonably expected to occur as a result of the service provider not complying with this subsection. 9. Enforcement (a) Enforcement by the Commission (1) Unfair or deceptive acts or practices A violation of this Act or a regulation promulgated under this Act shall be treated as an unfair or deceptive act or practice in violation of a rule promulgated under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (2) Powers of the Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act and any regulation promulgated under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (B) Privileges and immunities Any covered entity or service provider who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.). (C) Common carriers and nonprofit organizations Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade Commission Act ( 15 U.S.C. 44 , 45(a)(2), 46) or any jurisdictional limitation of the Commission, the Commission shall also enforce this Act, with respect to common carriers and nonprofit organizations described in section 2(4) of this Act, in the same manner provided in subparagraphs (A) and (B) of this paragraph. (D) Authority preserved Nothing in this Act shall be construed to limit the Commission’s authority under the Federal Trade Commission Act or any other provision of law. (3) Civil penalties (A) In general Notwithstanding section 5(m) of the Federal Trade Commission Act ( 15 U.S.C. 45(m) ), in an action brought by the Commission to enforce this Act and the regulations promulgated under this Act, in addition to any injunctive relief obtained by the Commission in the action, a covered entity or service provider shall be liable for a civil penalty in an amount described in subparagraph (B) if the covered entity or service provider, with actual knowledge, violates this Act or a regulation promulgated under this Act. (B) Amount (i) Calculation Except as provided in clause (ii), the amount of a civil penalty described in subparagraph (A) shall be the number of individuals affected by a violation described in that subparagraph multiplied by an amount not to exceed $42,530. (ii) Considerations In determining the amount of a civil penalty to seek under subparagraph (A) for a violation described in that subparagraph, the Commission shall consider, with respect to the covered entity or service provider that committed the violation— (I) the degree of harm associated with the privacy and security of personal data of individuals created by the violation; (II) the intent of the covered entity or service provider in committing the violation; (III) the size, complexity, and resources of the covered entity or service provider, including if it is a small business; (IV) reasonable expectations relating to privacy and security of personal data of individuals; (V) the degree to which the covered entity or service provider put in place appropriate controls or complied with the requirements of section 7, if applicable; (VI) whether the covered entity or service provider self-reported the violation to the Commission; and (VII) what, if any, efforts the covered entity or service provider has taken to mitigate any risk to the privacy and security of personal data of individuals created by the processing. (b) Enforcement by State attorneys general (1) Civil action In any case in which an attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any covered entity or service provider in a practice that violates this Act or a regulation promulgated under this Act, the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to— (A) enjoin that practice; (B) enforce compliance with this Act or the regulation; or (C) in the case of a violation described in subsection (a)(3)(A), impose a civil penalty in an amount described in subsection (a)(3)(B). (2) Rights of the Commission (A) Notice to Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) not later than 10 days before initiating the civil action. (ii) Contents The notification required by clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required by clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by the Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening under clause (i)— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (3) Consolidation of actions brought by two or more State attorneys general (A) In general Subject to subparagraph (B), if a civil action under paragraph (1) is pending in a district court of the United States and one or more civil actions are commenced pursuant to paragraph (1) in a different district court of the United States that involve one or more common questions of fact, all such civil actions shall be transferred for the purposes of consolidated pretrial proceedings and trial to the United States District Court for the District of Columbia. (B) Exception A civil action shall not be transferred pursuant to subparagraph (A) if pretrial proceedings in such civil action have concluded before the subsequent action is commenced pursuant to paragraph (1). (c) Limitation on State action while Federal action is pending If the Commission institutes an action under subsection (a) with respect to a violation of this Act or a regulation promulgated under this Act, a State may not, during the pendency of that action, institute an action under subsection (b) against any defendant named in the complaint in the action instituted by the Commission based on the same set of facts giving rise to the violation with respect to which the Commission instituted the action. (d) No private right of action There shall be no private right of action under this Act and nothing in this Act may be construed to provide a basis for a private right of action. 10. Relation to other laws (a) Congressional intent To preempt State privacy and security law It is the express intention of Congress to promote consistency in consumer expectations, competitive parity, and innovation through the establishment of a uniform Federal privacy framework that preempts, and occupies the field with respect to, the authority of any State or political subdivision of a State over the conduct or activities of covered entities covered by this Act (or under a law enumerated in subsection (c)) relating to the privacy or security of personal data, including consumer controls relating to personal data such as rights to access, correction, and deletion. (b) Express preemption of State law (1) In general Except as provided in paragraph (2), this Act shall supersede any provision of a law, rule, regulation, or other requirement of any State or political subdivision of a State to the extent that such provision relates to the privacy or security of personal data. (2) Preservation of State and local laws The provisions of this Act shall not be construed to preempt or supersede the applicability of any of the following laws of a State or political subdivision of a State to the extent that such law is not inconsistent with this Act: (A) Laws that address notification requirements in the event of a data breach. (B) Rules of criminal or civil procedure. (C) Laws that relate to the general standards of fraud or public safety. (D) Laws that address the privacy of any group of students (as defined in section 444(a) of the General Education Provisions Act ( 20 U.S.C. 1232g(a) ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 )). (E) Laws that address financial information held by financial institutions (as defined in section 509 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6809 )). (F) Laws that address protected health information held by covered entities and business associates (as such terms are defined for purposes of regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note)). (G) Laws governing employment and employment-related data including data collected or used by an employer pursuant to an employer-employee relationship. (H) Laws protecting the right of individuals to be free of discrimination based on race, sex, national origin, or other suspect classification identified under State law. (c) Relation to other Federal laws (1) In general Except as otherwise provided in paragraphs (2) and (4), this Act shall supersede any other Federal statute or regulation relating to the privacy or security of personal data. (2) Savings provision This Act shall not be construed to modify, limit, or supersede the operation of any of the following laws: (A) The Children’s Online Privacy Protection Act ( 15 U.S.C. 6501 et seq.). (B) The Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 et seq.). (C) Section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ). (D) Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq.). (E) The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.). (F) The Health Insurance Portability and Accountability Act ( Public Law 104–191 ). (G) The Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17931 et seq.). (H) Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) (commonly referred to as the Family Educational Rights and Privacy Act of 1974 ). (I) The Electronic Communications Privacy Act ( 18 U.S.C. 2510 et seq.). (J) The Driver's Privacy Protection Act of 1994 ( 18 U.S.C. 2721 et seq.). (K) The Federal Aviation Act of 1958 ( 49 U.S.C. App. 1301 et seq.). (3) Deemed compliance A covered entity that is required to comply with a law specified in paragraph (2) and is in compliance with the data collection, processing, or security requirements of such law shall be deemed to be in compliance with the requirements of this Act with respect to personal data covered by such law. (4) Nonapplication of FCC laws and regulations to covered entities Notwithstanding any other provision of law, neither any provision of the Communications Act of 1934 ( 47 U.S.C. 151 et seq.) and all Acts amendatory thereof and supplementary thereto nor any regulation promulgated by the Federal Communications Commission under such Acts shall apply to any covered entity with respect to the collection, use, processing, transferring, or security of personal data, except to the extent that such provision or regulation pertains solely to 911 lines or any other emergency line of a hospital, medical provider or service office, health care facility, poison control center, fire protection agency, or law enforcement agency. 11. Commission resources (a) Appointment of attorneys, technologists, and support personnel Notwithstanding any other provision of law, the Chair of the Commission shall appoint no fewer than 440 additional individuals to serve as personnel to enforce this Act and other laws relating to privacy and data security that the Commission is authorized to enforce. (b) Assessment of Commission resources Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report that includes— (1) an assessment of the resources, including personnel, available to the Commission to carry out this Act; and (2) a description of any resources, including personnel— (A) that are not available to the Commission; and (B) that the Commission requires to effectively carry out this Act. (c) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this section. 12. Guidance and reporting (a) International coordination and cooperation (1) In general If necessary, the Commission shall coordinate any enforcement action by the Commission under this Act with any relevant data protection authority established by a foreign country or any similar office of a foreign country in a manner consistent with subsections (j) and (k) of section 6 of the Federal Trade Commission Act ( 15 U.S.C. 46 ). (2) International interoperability The Secretary of Commerce, in consultation with the Commission and the heads of other relevant Federal agencies, shall— (A) identify laws of foreign countries or regions that relate to the processing of personal data for commercial purposes; (B) engage with relevant officials of foreign countries or regions that have implemented laws described in subparagraph (A) in order to identify requirements under those laws that could disrupt cross-border transfers of personal data; (C) develop mechanisms and recommendations to prevent disruptions described in subparagraph (B); and (D) not later than 1 year after the date of enactment of this Act, and once a year each year thereafter for 5 years, submit to Congress a report on the progress of efforts made under this section. (b) Reports to Congress Not later than 180 days after the date of enactment of this Act, and not less frequently than annually thereafter, the Commission shall submit to Congress, and make available on a public website, a report that contains information relating to— (1) the effectiveness of this Act and regulations promulgated under this Act; (2) compliance with the provisions of this Act and regulations promulgated under this Act; (3) violations of the provisions of this Act and regulations promulgated under this Act; (4) enforcement actions by the Commission and State attorneys general for violations of the provisions of this Act and regulations promulgated under this Act; (5) priorities of the Commission in enforcing the provisions of this Act and regulations promulgated under this Act; and (6) resources needed by the Commission to fully implement and enforce the provisions of this Act and regulations promulgated under this Act. (c) Study and report by the Government Accountability Office Not later than 3 years after the date of enactment of this Act, and once every 3 years thereafter, the Comptroller General of the United States shall submit to the President and Congress a report that surveys Federal data privacy and security laws in order to— (1) identify any inconsistency between the requirements under this Act and the requirements under any law related to the privacy and security of personal data; (2) review the impact of the provisions of this Act on small businesses and provide recommendations, if necessary, to improve compliance and enforcement; (3) provide recommendations on amending Federal data privacy and security laws in light of changing technological and economic trends; and (4) detail the Federal data privacy and security enforcement activities carried out by the Commission and other Federal agencies. 13. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected. 14. Effective date This Act shall take effect on the date that is 1 year after the date of enactment of this Act, except that section 10 shall take effect upon the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1494is/xml/BILLS-117s1494is.xml |
117-s-1495 | II 117th CONGRESS 1st Session S. 1495 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Kaine (for himself and Mr. Graham ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To promote international press freedom, and for other purposes.
1. Short title This Act may be cited as the International Press Freedom Act of 2021 . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) Even as the number of journalists killed in war zones has reached a historic low, the number of journalists killed or targeted in countries at peace continues to remain at historically high levels. In 2020, more than 2/3 of all media fatalities took place in countries at peace. (2) Even as the COVID–19 pandemic reduced the number of journalists reporting from the field, Reporters Without Borders (RSF) reported that 50 journalists were killed in 2020. Additionally, as of December 2020, 387 journalists remained imprisoned worldwide, continuing the historically high trend seen in previous years, and 57 journalists were held hostage. (3) As the frontier between countries at war and countries at peace continues to disappear, more must be done to protect journalists and activists defending human rights and spreading awareness of abuse and corruption. (b) Sense of Congress It is the sense of Congress that— (1) a free and vibrant press is the fulcrum of democracy; (2) the protection and advancement of the freedom of expression is a foundational value of the United States; (3) the Universal Declaration of Human Rights, which the General Assembly of the United Nations adopted in 1948 with the United States voting in favor, defines freedom of expression, which includes a free press, as a fundamental human right; (4) the International Covenant on Civil and Political Rights, which the United States ratified in 1992, specifies that everyone shall have the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice ; and (5) it is in the national security interest of the United States to promote the spread of democratic values and institutions worldwide. 3. Office on International Press Freedom; Coordinator for International Press Freedom (a) Establishment of office There is established within the Department of State an Office on International Press Freedom (referred to in this section as the Office ). (b) Coordinator for International Press Freedom (1) In general The Office shall be headed by the Coordinator for International Press Freedom appointed under paragraph (2). (2) Appointment The Coordinator shall be appointed by the Secretary of State. (3) Reporting The Coordinator shall report to the Assistant Secretary of State for Democracy, Human Rights, and Labor. (c) Duties The Coordinator for International Press Freedom shall have the following responsibilities: (1) In general The primary responsibility of the Coordinator shall be— (A) to advance the right to freedom of the press and freedom of expression abroad; (B) to denounce violations of that right; (C) to recommend appropriate responses by the United States Government when that right is violated; (D) to recommend— (i) the issuance of nonimmigrant visas to individuals classified as threatened journalists under subsection (s) of section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as added by section 6(a); and (ii) the provision of humanitarian parole to certain journalists under section 6(b); and (E) to make individualized determinations with respect to the continued risk to the lives and safety of such individuals and journalists, as described in section 6(c). (2) Advisory role The Coordinator shall— (A) be the principal adviser to the Assistant Secretary of State for Democracy, Human Rights, and Labor regarding matters affecting press freedom abroad; and (B) make recommendations regarding— (i) the policies of the United States Government toward foreign governments that violate freedom of the press or fail to ensure the safety and freedom of persons engaged in free expression or journalism; and (ii) policies to advance the right to free expression and freedom of the press abroad. (3) Diplomatic representation Subject to the direction of the Secretary of State and the Assistant Secretary of State for Democracy, Human Rights, and Labor, the Coordinator is authorized to represent the United States in matters and cases relevant to press freedom abroad in— (A) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization for Security and Co-operation in Europe, and other international organizations of which the United States is a member; and (B) multilateral conferences and meetings relevant to press freedom abroad. (4) Other duties The Coordinator shall have such other responsibilities in carrying out this Act as the Secretary of State and the Assistant Secretary of State for Democracy, Human Rights, and Labor determine. (d) Funding The Secretary of State shall provide the Coordinator for International Press Freedom with such funds as may be necessary for the hiring of staff for— (1) the Office; (2) the conduct of investigations by the Office; and (3) necessary travel. 4. At-Risk Journalists Fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the At-Risk Journalists Fund (in this section referred to as the Fund ), to be administered by the Secretary of State. (b) Purposes of the Fund The Secretary of State shall use the amounts in the Fund for the following purposes: (1) To support journalists operating in restrictive environments by providing— (A) training in digital identity protection and physical security; and (B) psycho-social care. (2) To provide short-term emergency assistance to support and protect journalists who have been threatened, harassed, or attacked and need to relocate, which may be provided through existing mechanisms such as the Human Rights Defenders Fund of the Department of State. (3) To provide medium-term emergency assistance resources for journalists in danger, including continuing support to journalists described in paragraph (2) whose relocations must be extended due to ongoing security concerns. (c) Use of funds Amounts authorized to be appropriated under subsection (e) shall be obligated and expended consistent with the action plan required by section 7032(i)(1) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2018 (division K of Public Law 115–141 ). (d) Annual report to Congress (1) In general Not later than March 1 of each year, the Secretary of State shall submit to the appropriate committees of Congress a report on the Fund. (2) Elements Each report required by paragraph (1) shall include the following: (A) The total amount expended from the Fund during the previous calendar year for each of the purposes specified in subsection (b). (B) A description of the specific programs implemented using amounts from the Fund during such year. (C) Data regarding the number and nationality of journalists assisted using such amounts during such year. (D) Such accounts of individuals assisted by the Fund during such year that the Secretary of State considers relevant to share. (3) Definition of appropriate committees of Congress In this subsection, the term appropriate commitees of Congress means— (A) the Committee on Foreign Relations, the Committee on Appropriations, and the Human Rights Caucus of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Appropriations, and the Tom Lantos Human Rights Commission of the House of Representatives. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Fund $30,000,000 to carry out this section for each of the 5 fiscal years beginning with the first fiscal year that begins after the date of the enactment of this Act. (2) Availability of amounts Amounts authorized to be appropriated under paragraph (1) shall remain available until expended. (f) Sense of Congress It is the sense of Congress that— (1) amounts authorized to be appropriated under subsection (e) should be appropriated in addition to amounts regularly appropriated for other programs to promote human rights and civil society; and (2) support for civil society activists and other human rights defenders provided by the Federal Government as of the date of the enactment of this Act should not be decreased. 5. Assistance to combat impunity (a) List of countries Not later than 180 days after the date of the enactment of this Act, and not later than March 1 of each year thereafter, the Secretary of State, in consultation with the Attorney General of the United States and nongovernmental organizations with expertise in threats to journalists worldwide, shall create a list of not less than 10 countries in which journalists face the greatest risk of murder, assault, harassment, intimidation, or other crimes. (b) Bureau of International Narcotics and Law Enforcement programs (1) In general Of amounts appropriated each fiscal year for International Narcotics Control and Law Enforcement for bilateral assistance for each country identified in the list required by subsection (a), the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs shall use not less than 10 percent for programs to assist police, prosecutors, judges, and other individuals— (A) to support the investigation and prosecution of individuals who commit crimes against journalists; and (B) to prevent such crimes. (2) Consultation The Assistant Secretary of State for International Narcotics and Law Enforcement Affairs shall develop the programs described in paragraph (1) in consultation with the Bureau of Democracy, Human Rights, and Labor of the Department of State, the Department of Justice, and other local or international organizations with expertise in threats to journalists in the relevant country. (c) Annual report to Congress (1) In general Not later than 180 days after the date of the enactment of this Act, and not later than March 1 of each year thereafter, the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, in consultation with the Assistant Secretary of State for Democracy, Human Rights, and Labor, shall submit to Congress a report outlining the efforts and level of success of such Assistant Secretaries in combatting impunity for attacks against journalists, with special emphasis on the countries identified in the list required by subsection (a). (2) Elements Each report required by paragraph (1) shall include the following: (A) The number of journalists in foreign countries who were killed, attacked, harassed, or intimidated during the previous calendar year. (B) The number of cases of crimes against journalists in foreign countries that were prosecuted, the number of convictions in those cases, and the sentences for individuals convicted, during such year. (C) A description of any relevant prevention efforts or training conducted by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State for host nation officials, journalists, or other individuals during such year. 6. Nonimmigrant visas and humanitarian parole for threatened journalists (a) Nonimmigrant visas (1) Expansion of foreign media nonimmigrant visa category Section 101(a)(15)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(I) ) is amended— (A) by inserting (i) before upon a basis ; (B) by striking him; and inserting the alien; or ; and (C) by adding at the end the following: (ii) an alien who is classified as a threatened journalist under section 214(s), and the spouse and children of such an alien if accompanying or following to join the alien; . (2) Threatened journalist defined Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) (1) An alien shall be classified as a threatened journalist under this subsection if the Secretary of State, the Coordinator for International Press Freedom, or an appropriate Chief of Mission (after consultation with the Secretary or the Coordinator) determines that— (A) the alien is a journalist who practices (on a regular or professional basis) the collection and dissemination of information to the public through any means of mass communication; (B) the alien— (i) has been threatened, harassed, or attacked on account of, or in the exercise of, journalistic activity; or (ii) has a well-founded fear of future persecution on account of the alien's journalistic activity; (C) the alien has conducted reporting consistent with the values and standards of professional journalism, including— (i) the collection and dissemination of information, freely and in accordance with the principles of attachment to the truth, plurality of points of view, and rationality with respect to the methods of establishment of fact and fact verification; (ii) the demonstration of a commitment to free pursuit of the truth, factual accuracy, and no intention to harm; (iii) refraining from dissemination of misleading or incorrect information, and refraining from concealing information that should be known to the public; (iv) the regular or professional collection of information and ideas and dissemination to the public through any means of mass communication; (v) the use of professional methods of establishing and verifying the facts, and endeavoring to be factually accurate; (vi) behavior and actions that are in accordance with the principles of freedom of expression; (vii) respect for ethical principles of the profession of journalism, in particular the duties attached to such principles; (viii) the treatment of information in a manner that serves the general interests and the fundamental rights of the public, and does not regard information as a commercial product; (ix) engagement in activities that fall within the framework of editorial independence; (x) the impartial presentation of facts, disregarding as much as possible his or her own interests and prejudices, and rejection of all forms of connivance or conflict of interest; (xi) respect for the plurality of sources and points of view; (xii) a refusal to engage in manipulation of information; and (xiii) the observation and reporting of events without actively participating in them; and (D) temporary measures implemented by the Secretary of State using amounts authorized to be appropriated under section 4(e) of the International Press Freedom Act of 2021 are insufficient to protect the life or safety of the alien or the spouse or child of the alien. (2) In processing nonimmigrant visa applications for aliens described in paragraph (1) and the spouse and children of such aliens who are accompanying or following to join them, the Secretary of State shall— (A) offer interview appointments to such aliens not later than 3 business days after receiving an application from such aliens; and (B) prioritize the review and processing of such applications ahead of any nonemergency nonimmigrant visa applications. (3) In the case of an alien spouse admitted under section 101(a)(15)(I)(ii), who is accompanying or following to join a principal alien admitted under such section, the Secretary of Homeland Security shall authorize the alien spouse to engage in employment in the United States and provide the spouse with an employment authorized endorsement or other appropriate work permit. . (3) Change of status Section 248(b) of the Immigration and Nationality Act ( 8 U.S.C. 1258(b) ) is amended by striking (T) or (U) and inserting (I)(ii), (T), or (U) . (4) Rulemaking The Secretary of Homeland Security shall amend Part 214 of title 8, Code of Federal Regulations, as appropriate, to ensure that each alien described in section 101(a)(15)(I)(ii) of the Immigration and Nationality Act, as added by paragraph (1)— (A) is permitted to remain in the United States— (i) while classified as a threatened journalist pursuant to section 214(s) of such Act, as added by paragraph (2); or (ii) with respect to the spouse and children of a threatened journalist, while such classification remains in effect for the spouse or parent; (B) receives an Employment Authorization Document; (C) is not denied a nonimmigrant visa under such section 101(a)(15)(I)(ii) or the extension of such visa based on the approval of a permanent labor certification, the filing of a preference petition on behalf of the alien, or the pursuit of refugee or asylee status; and (D) is provided with notification of each determination under subsection (c). (5) Applicability of regulation The final rule of the Department of Homeland Security entitled Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking to Enter the United States (85 Fed. Reg. 91 (May 11, 2020)) shall not apply to a nonimmigrant described in section 101(a)(15)(I)(ii). (b) Humanitarian parole (1) In general The Secretary of Homeland Security shall consider, on a case-by-case basis for urgent humanitarian reasons, and in accordance with section 212(d)(5)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5)(B) ), the provision of humanitarian parole to aliens described in section 214(s) of such Act, as added by subsection (a)(2), who meet the criteria described in paragraph (2). (2) Criteria (A) Life or safety at risk The Secretary of State, the Coordinator for International Press Freedom, or an appropriate Chief of Mission (after consultation with the Secretary or the Coordinator) affirms that the life or safety of the alien is at risk if the alien remains in his or her country of origin or country of last habitual residence. (B) Written recommendation The Secretary of State or the Chief of Mission (after consultation with the Secretary) has submitted to the Secretary of Homeland Security and the Attorney General a favorable written recommendation that humanitarian parole for the alien furthers the foreign policy interests or national security interests of the United States. (3) Preference for admission as nonimmigrant (A) In general With respect to an alien who meets the criteria described in paragraph (2), subject to subparagraph (B), the Secretary of Homeland Security shall exercise a preference for admission as a nonimmigrant described in clause (ii) of section 101(a)(15)(I) of such Act ( 8 U.S.C. 1101(a)(15)(I) ), as added by subsection (a)(1). (B) Imminent danger In the case of imminent danger to such an alien— (i) (I) the Secretary of State may submit to the Secretary of Homeland Security a request to parole the alien into the United States under this subsection; and (II) the Secretary of Homeland Security may parole the alien into the United States; or (ii) the Secretary of State may coordinate directly with the Commissioner of U.S. Customs and Border Protection for the parole of the alien into the United States under this subsection. (c) Individualized determination with respect to continued risk to life or safety (1) In general With respect to each alien admitted to the United States as a threatened journalist described in clause (ii) of section 101(a)(15)(I) of the Immigration and Nationality Act, as added by subsection (a)(1), or paroled into the United States under subsection (b), not less frequently than once every 5 years after such admission or parole, the Coordinator for International Press Freedom shall make a determination as to whether the alien's life or safety would be at risk if the alien were to return to his or her country of origin or country of last habitual residence. (2) Notification Not later than 30 days after the date on which the Coordinator makes a determination under paragraph (1), the Coordinator shall notify the alien of such determination. (3) Effect of determination If the Coordinator determines that an alien's life or safety would not be at risk if the alien were to return to his or her country of origin or country of last habitual residence, not later than 120 days after the date of such determination— (A) the alien's status as a nonimmigrant described in paragraph (15)(I)(ii) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 101(a) ) shall terminate; and (B) the alien shall be required— (i) to depart the United States; or (ii) to change or adjust his or her status under the immigration laws (as defined in such section) to a status for which the alien is eligible. 7. Training for refugee officers Section 207(f)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1157(f)(2) ) is amended— (1) by striking the period at the end and inserting ; and ; (2) by striking include country-specific conditions, instruction and inserting “include— (A) country-specific conditions; (B) instruction ; and (3) by adding at the end the following: (C) instruction on the internationally recognized right to freedom of the press, instruction on methods of persecution of, or attacks on, journalists in foreign countries, and applicable distinctions between traditional and nontraditional journalists. . 8. Training for Foreign Service officers Section 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 ) is amended by adding at the end the following: (e) Freedom of expression The Secretary of State, with the assistance of other relevant officials, such as the Coordinator for International Press Freedom appointed under section 3(b)(2) of the International Press Freedom Act of 2021 , and distinguished nongovernmental organizations that advocate for press freedoms, shall provide to each Foreign Service officer who will work overseas in the areas of political affairs, public diplomacy, or consular affairs, or as a Deputy Chief of Mission or Chief of Mission, pre-departure instruction that includes information about the following: (1) The scope and value of freedom of expression. (2) How violations of the freedom the press harm the interests of the United States. (3) The relevance of international freedom of the press to the advancement of the defense, diplomacy, development, and public affairs efforts and interests of the United States. (4) With respect to the country in which the Foreign Service officer will be posted, the nature, severity, and origins of threats facing journalists in their reporting and United States Government and nongovernmental mechanisms available to mitigate those threats. (5) The role of nontraditional media platforms and nontraditional journalists in the press in the country in which the Foreign Service officer will be posted. . 9. Reports (a) Department of Homeland Security annual report to Congress Not later than March 1 of each year, the Secretary of Homeland Security shall submit a report to the appropriate committees of Congress that identifies, with respect to the preceding fiscal year— (1) the number of threatened journalist aliens who were issued a nonimmigrant visa under clause (ii) of section 101(a)(15)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(I) ), as added by section 6(a), disaggregated by country of nationality; (2) the number of family members of aliens described in paragraph (1) who were issued a nonimmigrant visa under such clause (ii), disaggregated by country of nationality; (3) the number of alien journalists who were granted humanitarian parole pursuant to section 6(b) due to their work as journalists, disaggregated by country of nationality; (4) the number of family members of aliens described in paragraph (3) who were granted humanitarian parole pursuant to section 6(b), disaggregated by country of nationality; and (5) such other information as the Secretary considers relevant. (b) Government Accountability Office report to Congress (1) In general Not later than 2 years after the date of the enactment of this Act, and every 3 years thereafter on March 1, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report analyzing the barriers that prevent foreign journalists from obtaining visas for admission into the United States. (2) Elements The report required by paragraph (1) shall assess the following: (A) The success of programs relating to in-country support for foreign journalists, temporary resettlement of such journalists in third countries, admission of such journalists under clause (ii) of section 101(a)(15)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(I) ), as added by section 6(a), and humanitarian parole for such journalists under section 6(b). (B) The processing speeds and delays in the program providing nonimmigrant visas to journalists under clause (ii) of section 101(a)(15)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(I) ), as added by section 6(a). (3) Consultation In preparing the report required by paragraph (1), the Comptroller General shall consult with— (A) the Attorney General; (B) the Secretary of Homeland Security; (C) the Secretary of State; and (D) nongovernmental organizations that advocate for the safety of journalists, as determined by the Comptroller General. (4) Definition of appropriate committees of Congress In this subsection, the term appropriate committees of Congress means— (A) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Human Rights Caucus of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Tom Lantos Human Rights Commission of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s1495is/xml/BILLS-117s1495is.xml |
117-s-1496 | II 117th CONGRESS 1st Session S. 1496 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Kaine (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to fund demonstration projects to improve recruitment and retention of child welfare workers.
1. Short title This Act may be cited as the Child Welfare Workforce Support Act . 2. Purpose The purpose of this Act is to demonstrate the impact of recruitment and retention strategies in the child welfare workforce and identify effective evidence-based strategies for improved worker recruitment, retention, and advancement. 3. Definitions In this Act— (1) the term caseworker means an individual employed or contracted by a State who works in the field of prevention, identification, and treatment of child abuse and neglect; (2) the term child welfare workforce means professional and paraprofessional personnel employed by, or affiliated with, a State in the fields of health care, medicine, law enforcement, judiciary, social work and child protection, education, child care, and other relevant fields, or individuals such as court appointed special advocates or guardian ad litem, who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect; (3) the term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); (4) the term secondary trauma means the secondary traumatic stress or vicarious trauma that can occur when a professional experiences stress or symptoms of trauma when working with children and families who are experiencing abuse, neglect, or family violence; (5) the term Secretary means the Secretary of Health and Human Services; and (6) the term State has the meaning given such term in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note). 4. Demonstration program (a) In general The Secretary shall conduct a 5-year demonstration program under which the Secretary awards, on a competitive basis, grants to eligible entities to plan and implement activities to achieve the strategic objectives described in subsection (d) with respect to the child welfare workforce. (b) Eligible entities To be eligible to receive a grant under this section, an entity shall be a State or local governmental agency, Indian Tribe or Tribal organization, a nonprofit entity, or the lead entity administering a grant to the applicable State or Indian Tribe under title II of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116 et seq.). (c) Applications An eligible entity 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, including— (1) a description of the strategic objectives described in subsection (d) that the eligible entity intends to strengthen the child welfare workforce; (2) a description of the eligible entity and evidence of the eligible entity’s capacity to carry out activities to achieve the strategic objectives as described under paragraph (1); (3) an analysis of child welfare workforce needs of the State, and barriers to recruitment and retention of such workforce, including the impact of caseloads, salaries, and workplace violence prevention plans on retention, and which may include consideration of any employee surveys on the organizational structure of relevant entities; (4) a description of the current or prospective employees that will be targeted or recruited by the strategic objectives selected from subsection (d), including an analysis of the demographic characteristics of the child welfare workforce; (5) a description of the activities the eligible entity intends to undertake to sustainable progress towards achieving such strategic objectives; (6) a description of the performance measures the eligible entity intends to use to measure progress towards achieving such strategic objectives; (7) a description of the eligible entity's pre-service training and continuum of support that such entity intends to use for the child welfare workforce, including professionalization of the supervisory workforce; (8) a description of the Federal and non-Federal resources, available under provisions of law other than this section and the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.), that will be leveraged in support of the activities under the grant; (9) a timeline for implementing and making progress towards achieving such strategic objectives, and assurances that the eligible entity will provide periodic reports to the Secretary on such progress, as the Secretary may require; and (10) an identification of technology infrastructure updates the eligible entity intends to employ in order to improve case worker support. (d) Strategic objectives The activities to be carried out under each grant awarded under this section shall be designed to achieve strategic objectives that— (1) include— (A) analysis of the child welfare workforce needs in the applicable State, in order to reduce barriers to recruitment, development, and retention of such workforce, which may include conducting a time study to determine how the child welfare workforce allocated working hours toward required work activities; (B) planning for the recruitment, hiring, and pre-service training of prospective caseworkers and other members of the child welfare workforce, utilizing evidence-based, evidence-informed, or other promising practices; (C) planning for ongoing professional development opportunities and continuum of support to improve retention of child welfare workforce; and (D) consideration of best practices to meet the unique needs and development of infants, children, and youth, including such individuals with disabilities and children under age of 3; and (2) may include updating technology infrastructure in child welfare work systems and data sharing across child-serving systems. (e) Award requirements (1) Duration Each grant awarded under this section shall be for a period not to exceed 5 years, subject to the availability of funds. (2) Amount Each grant awarded under this section shall be in amount that is not more than $100,000 per year for the duration of the grant period. An eligible entity receiving a grant under this section may allocate not more than 5 percent of the funds awarded through a grant under this section to administrative expenses. (3) Allocation of awards The Secretary shall award up to 10 grants to States or counties and up to 3 grants to Indian Tribes, and shall ensure that grantees are regionally diverse and serve both rural and urban populations. (4) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that have high rates of child welfare workforce turnover. (f) Demonstration project activities (1) Required activities To achieve the strategic objectives identified in an eligible entity’s application under subsection (c)(3), each eligible entity receiving a grant under this section shall carry out the following activities, in a manner that integrates services and funding sources to ensure effectiveness of the activities and that uses the grant funds efficiently: (A) Recruitment and hiring efforts The eligible entity shall provide services to expand awareness of, interest in, and preparation for, careers in the child welfare workforce, which— (i) shall include prioritizing recruitment of nontraditional candidates (such as older workers transitioning from other fields or reentering the workforce after raising families; candidates whose race, ethnicity, and language capacity are reflective of communities they will be serving; or students); and (ii) may include— (I) updating child welfare workforce marketing and recruitment materials; (II) developing partnerships between the State and institutions of higher education to implement training programs specific to the needs of the child welfare workforce of the State; (III) providing internship and job shadowing opportunities for individuals considering careers in the child welfare workforce; (IV) developing a competency-based recruitment, screening, and selection process that may include completion of realistic caseworker exercises; (V) developing and using simulation activities to share with potential new caseworkers during the application process; (VI) creating materials depicting real job experiences and interactions with clients, emphasizing the direct impact that caseworker turnover has on children; and (VII) developing publicly available career opportunity hub and offer position matching services. (B) Support services The eligible entity shall provide services to support the success of individuals employed by a child welfare agency, which shall include the following: (i) Early employment services Services provided to such individuals who are in their first 6 months of employment in the child welfare workforcem, to ensure that such individuals succeed in such careers, including— (I) mentoring from colleague with 2 or more years of child welfare work experience and may include compensation for mentors; (II) phased training and orientation over initial 6 months of employment, including explicit training related to identifying traumatic stress and secondary traumatic stress and support resources available to employees; (III) joint field visits with experienced child welfare worker; and (IV) low-risk initial caseload assignment with gradual increase in caseload size and difficulty. (ii) Employment services Services to ensure that such individuals employed by the State for more than 6 months have access to ongoing professional development and support to increase job sustainability and long-term retention, which— (I) shall include— (aa) providing peer mentoring, a crisis helpline, and onsite crisis response to address traumatic stress and secondary traumatic stress for caseworkers; (bb) providing support for supervisory personnel, including by conducting interviews, to assist employees in long-term career planning and discuss opportunities for advancement within the child welfare workforce; (cc) developing best practices to address caseworker burnout and other areas known to increase turnover; and (dd) providing a system of career advancement with wage progression and opportunities to attain further education and professional development; and (II) may include— (aa) creating additional positions to achieve manageable caseloads that reflect industry standards such as coaches, mental health specialists, substance abuse specialists, homelessness specialist, developmental disability specialists, and child psychiatrists; (bb) safety awareness training and supports in the field; (cc) providing multi-modal training opportunities (such as eLearning, blended classroom, video, webinar, and tools and job aids); and (dd) providing employee wellness programs and educational leave. (2) Technology infrastructure In addition to the activities under paragraph (1), an eligible entity receiving a grant under this section may use such grant funds to identify and act upon opportunities for technology infrastructure updates to State systems to support the child welfare workforce, which may include— (A) ensuring technological accessibility for child welfare workers and other systems serving children and families; (B) equipping caseworkers with smart phones, tablets, or laptop computers; (C) providing technology professional development; (D) improving mobile and remote access capabilities for use of telehealth or similar services; and (E) addressing other needs within States. (g) Evaluation and progress reports Not later than 2 years after receiving a grant under this section, and annually thereafter until the grant period ends, each eligible entity shall submit a report to the Secretary and to the governor of the State in which the eligible entity serves, that describes— (1) the activities funded by the grant; and (2) the progress the eligible entity has made towards achieving the strategic objectives identified under subsection (d)(3). (h) Administration by the Secretary (1) In general The Secretary may use not more than 10 percent of the amount appropriated under subsection (i) for each fiscal year for administrative expenses to carry out this section, including the expenses of providing the technical assistance and oversight activities under paragraph (2). (2) Technical assistance; oversight The Secretary shall provide technical assistance and oversight to assist eligible entities in applying for grants under this section and carrying out programs using grants awarded under this section. (3) Evaluation and report (A) In general The Secretary shall conduct an evaluation of each grant awarded under this section and submit to Congress a report on such evaluation to Congress. Such report shall— (i) examine the results of the recruitment and retention initiatives supported by the States on the outcomes of the activities under subsection (f); and (ii) be completed not later than 180 days after the date on which the Secretary receives the report under subsection (g) from an eligible entity. (B) Data Recipients of grants under this section shall submit to the Secretary any data the Secretary may require for the evaluation and report under this paragraph. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1496is/xml/BILLS-117s1496is.xml |
117-s-1497 | II 117th CONGRESS 1st Session S. 1497 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Kaine (for himself and Ms. Baldwin ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Abuse Prevention and Treatment Act to ensure protections for lesbian, gay, bisexual, transgender, and queer youth and their families.
1. Short title This Act may be cited as the Protecting LGBTQ Youth Act . 2. Amendments to CAPTA The Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.) is amended— (1) in section 104 ( 42 U.S.C. 5105 )— (A) in subsection (a)— (i) in paragraph (1)— (I) by redesignating subparagraphs (N) and (O) as subparagraphs (O) and (P), respectively; (II) by inserting after subparagraph (M) the following: (N) child abuse and neglect issues facing lesbian, gay, bisexual, transgender, and queer youth and families, including providing recommendations for improving the collection of data at the Federal, State, and local levels to better identify young people who may be at risk of, or experiencing, child abuse or neglect because of their sexual orientation or gender identity; ; (III) in subparagraph (O), as so redesignated, by striking subparagraph (O) and inserting subparagraph (P) ; and (IV) in clause (ix) of subparagraph (P), as so redesignated, by inserting (including sexual orientation and gender identity) after sex ; and (ii) in paragraph (2), by striking paragraph (1)(O) and inserting paragraph (1)(P) ; and (B) in subsection (b)(1), by inserting or lesbian, gay, bisexual, transgender, and queer youth after children with disabilities ; (2) in section 105(a)(1)(E) ( 42 U.S.C. 5106(a)(1)(E) ), by inserting and lesbian, gay, bisexual, transgender, and queer youth after children with disabilities ; (3) in section 106(d)(1) ( 42 U.S.C. 5106a(d)(1) ), by inserting , disaggregated by demographic characteristics such as age, sex (including sexual orientation and gender identity), race, family structure, household relationship, school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year before the period; (4) in section 107 ( 42 U.S.C. 5106c )— (A) in subsection (a)— (i) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (ii) by inserting after paragraph (2) the following: (3) the assessment and investigation of cases involving lesbian, gay, bisexual, transgender, and queer youth who are suspected victims of child abuse or neglect; ; (B) in subsection (b)(5), by striking paragraphs (1) through (3) and inserting paragraphs (1) through (4) ; and (C) in subsection (c)(1)— (i) by redesignating subparagraphs (G) through (J) as subparagraphs (H) through (K), respectively; and (ii) by inserting after subparagraph (F) the following: (G) individuals experienced in working with lesbian, gay, bisexual, transgender, and queer youth and families; ; (5) in section 201(b)(1)(G) ( 42 U.S.C. 5116(b)(1)(G) ), by inserting (including lesbian, gay, bisexual, transgender, and queer youth and families) before the semicolon; (6) in section 202 ( 42 U.S.C. 5116a )— (A) in paragraph (2)— (i) in subparagraph (A), by inserting and families with other vulnerable youth, including lesbian, gay, bisexual, transgender, and queer youth before the semicolon; and (ii) in subparagraph (B), by striking and public sector and private nonprofit sector service providers, and parents with disabilities and inserting public sector and private nonprofit sector service providers, parents with disabilities, and parents of other vulnerable youth, including lesbian, gay, bisexual, transgender, and queer youth ; and (B) in paragraph (3)— (i) in subparagraph (C), by striking ; and and inserting a semicolon; (ii) in subparagraph (D), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (E) will integrate its efforts with individuals and organizations experienced in working in partnership with families with vulnerable youth, including lesbian, gay, bisexual, transgender, and queer youth, and with the child abuse and neglect prevention activities of the State, and demonstrate a financial commitment to those activities. ; and (7) in section 206(4) ( 42 U.S.C. 5116f(4) ), by striking and parents with disabilities and inserting parents with disabilities, and families with other vulnerable youth, including lesbian, gay, bisexual, transgender, and queer youth . | https://www.govinfo.gov/content/pkg/BILLS-117s1497is/xml/BILLS-117s1497is.xml |
117-s-1498 | II 117th CONGRESS 1st Session S. 1498 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Cortez Masto (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Director of the Office of Science and Technology Policy to establish the Emerging Technology Standards-Setting Task Force, and for other purposes.
1. Short title This Act may be cited as the Technology Standards Task Force Act of 2021 . 2. Establishment of Emerging Technology Standards-Setting Task Force (a) Establishment (1) In general The Director of the Office of Science and Technology Policy shall establish a task force on setting emerging technology standards. (2) Designation The task force established under paragraph (1) shall be known as the Emerging Technology Standards-Setting Task Force (in this section referred to as the Task Force ). (b) Membership (1) Composition The Task Force shall be composed of members as follows: (A) The Director. (B) At least two individuals selected by the Secretary of Commerce, one whom— (i) at least one shall be selected by the Secretary to represent the Department of Commerce generally; and (ii) at least one shall be selected by the Secretary to represent the National Institute of Standards and Technology. (C) At least one individual selected by the Secretary of State to represent the Department of State. (D) At least one individual selected by the Secretary of Defense to represent the Department of Defense. (E) At least one individual selected by the Secretary of Energy to represent the Department of Energy. (F) At least one individual selected by the Secretary of Labor to represent the Department of Labor. (G) At least one individual selected by the Secretary of Transportation to represent the Department of Transportation. (H) At least one individual selected by the Attorney General to represent the Department of Justice. (I) At least one individual selected by the Secretary of the Treasury to represent the Department of the Treasury. (2) Chairperson The Chairperson of the Task Force shall be the Director. (c) Duties (1) Strategic plan Not later than one year after the date of the enactment of this Act, the Task Force shall develop a long-term strategic plan for the United States to lead emerging technology standards-setting processes. (2) Additional duties In carrying out paragraph (1), the Task Force shall— (A) assess which technology standards (such as fifth and sixth generation wireless networking technology and artificial intelligence) have the greatest effect on national security and economic competitiveness; (B) describe and analyze the ways in which standards setting processes can be misused by governments for protectionist ends and human rights abuses; (C) establish and execute a strategy to ensure credibility and engagement with international institutions; and (D) develop a list of allies and partners with which to align with respect to the strategy to be established and executed under subparagraph (B). (d) Engagement In carrying out the duties of the Task Force, the Task Force shall engage with academia and the private sector. (e) Staff The Chairperson of the Task Force may appoint or delegate an executive director and such other additional personnel as may be necessary to enable the Task Force to perform its duties. | https://www.govinfo.gov/content/pkg/BILLS-117s1498is/xml/BILLS-117s1498is.xml |
117-s-1499 | II 117th CONGRESS 1st Session S. 1499 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Warner (for himself, Mr. Blunt , Mr. Blumenthal , Mr. Cornyn , Ms. Klobuchar , Mr. Graham , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To facilitate efficient investments and financing of infrastructure projects and new, long-term job creation through the establishment of an Infrastructure Financing Authority, and for other purposes.
1. Short titles; table of contents (a) Short titles This Act may be cited as the Reinventing Economic Partnerships And Infrastructure Redevelopment Act or the REPAIR Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purpose. Sec. 3. Definitions. TITLE I—Infrastructure Financing Authority Sec. 101. Establishment and general authority of IFA. Sec. 102. Voting members of the Board of Directors. Sec. 103. Chief Executive Officer. Sec. 104. Powers and duties of the Board of Directors. Sec. 105. Senior management. Sec. 106. Office of Technical and Rural Assistance. Sec. 107. Special Inspector General for IFA. Sec. 108. Other personnel. Sec. 109. Compliance. TITLE II—Terms and limitations on direct loans and loan guarantees Sec. 201. Eligibility criteria for assistance from IFA and terms and limitations of loans. Sec. 202. Loan terms and repayment. Sec. 203. Project Delivery Task Force. Sec. 204. Compliance and enforcement. Sec. 205. Audits; reports to the President and Congress. Sec. 206. Effect on other laws. TITLE III—Funding of IFA Sec. 301. Fees. Sec. 302. Self-sufficiency of IFA. Sec. 303. Funding. Sec. 304. Contract authority. Sec. 305. Limitation on authority. TITLE IV—Tax exemption requirements for State and local bonds Sec. 401. National limitation on amount of tax-exempt financing for facilities. TITLE V—Budgetary effects Sec. 501. Budgetary effects. 2. Purpose The purpose of this Act is to facilitate investment in, and the long-term financing of, economically viable eligible infrastructure projects of regional or national significance that are in the public interest in a manner that complements existing Federal, State, local, and private funding sources for these projects and introduces a merit-based system for financing those projects, in order to mobilize significant private sector investment, create long-term jobs, and ensure United States competitiveness through a self-sustaining institution that limits the need for ongoing Federal funding. 3. Definitions In this Act: (1) Blind trust The term blind trust means a trust in which the beneficiary has no knowledge of the specific holdings and no rights over how those holdings are managed by the fiduciary of the trust prior to the dissolution of the trust. (2) Board of Directors The term Board of Directors means the Board of Directors of IFA. (3) Chairperson The term Chairperson means the Chairperson of the Board of Directors of IFA. (4) Chief executive officer The term Chief Executive Officer means the chief executive officer of IFA, appointed under section 103. (5) Cost The term cost has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (6) Direct loan The term direct loan has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (7) Eligible entity The term eligible entity means— (A) an individual; (B) a corporation; (C) a partnership, including a public-private partnership; (D) a joint venture; (E) a trust; (F) a State or any other governmental entity, including a political subdivision or any other instrumentality of a State; or (G) a revolving fund. (8) Eligible infrastructure project (A) In general The term eligible infrastructure project means the construction, consolidation, alteration, or repair of any of the following sectors: (i) Intercity passenger or freight rail lines, intercity passenger rail facilities or equipment, and intercity freight rail facilities or equipment. (ii) Intercity passenger bus facilities or equipment. (iii) Public transportation facilities or equipment. (iv) Highway facilities, including bridges and tunnels. (v) Airports and air traffic control systems. (vi) Port or marine terminal facilities, including approaches to marine terminal facilities or inland port facilities, and port or marine equipment, including fixed equipment to serve approaches to marine terminals or inland ports. (vii) Transmission or distribution pipelines. (viii) Inland waterways. (ix) Intermodal facilities or equipment related to 2 or more of the sectors described in clauses (i) through (viii). (x) Water treatment and solid waste disposal facilities. (xi) Storm water management systems. (xii) Dams and levees. (xiii) Facilities or equipment for energy transmission, distribution or storage. (B) Authority of the Board of Directors to modify sectors The Board of Directors may make modifications, at the discretion of the Board, to any of the sectors described in subparagraph (A) by a vote of not fewer than 5 of the voting members of the Board of Directors. (9) IFA The term IFA means the Infrastructure Financing Authority established under section 101. (10) Investment-grade rating The term investment-grade rating means a rating of BBB minus, Baa3, or higher assigned to an eligible infrastructure project by a ratings agency. (11) Loan guarantee The term loan guarantee has the meaning given the term in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (12) OTRA The term OTRA means the Office of Technical and Rural Assistance created pursuant to section 106. (13) Public-private partnership The term public-private partnership means any eligible entity— (A) (i) that is undertaking the development of all or part of an eligible infrastructure project that will have a measurable public benefit, pursuant to requirements established in 1 or more contracts between the entity and a State or an instrumentality of a State; or (ii) the activities of which, with respect to such an eligible infrastructure project, are subject to regulation by a State or any instrumentality of a State; (B) that owns, leases, or operates or will own, lease, or operate, the project in whole or in part; and (C) the participants in which include not fewer than 1 nongovernmental entity with significant investment and some control over the project or entity sponsoring the project vehicle. (14) Rating agency The term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )). (15) Regional infrastructure accelerator The term regional infrastructure accelerator means an organization created by public sector agencies through a multijurisdictional or multistate agreement to provide technical assistance to local jurisdictions that will facilitate the implementation of innovative financing and procurement models to public infrastructure projects. (16) Rural infrastructure project The term rural infrastructure project — (A) has the same meaning given the term in section 601(15) of title 23, United States Code; and (B) includes any eligible infrastructure project sector described in clauses (i) through (xvii) of paragraph (8)(A) located in any area other than a city with a population of more than 250,000 inhabitants within the city limits. (17) Secretary The term Secretary means the Secretary of the Treasury or the designee of the Secretary of the Treasury. (18) Senior management The term senior management means the chief financial officer, chief risk officer, chief compliance officer, general counsel, chief lending officer, and chief operations officer of IFA, and such other officers as the Board of Directors may, by majority vote, add to senior management. (19) State The term State means— (A) each of the several States of the United States; and (B) the District of Columbia. (20) Task force The term Task Force means the Project Delivery Task Force established under section 203. I Infrastructure Financing Authority 101. Establishment and general authority of IFA (a) Establishment of IFA The Infrastructure Financing Authority is established as a wholly owned Government corporation. (b) General authority of IFA IFA shall— (1) provide direct loans and loan guarantees to facilitate eligible infrastructure projects that are economically viable, in the public interest, and of regional or national significance; and (2) carry out any other activities and duties authorized under this Act. (c) Incorporation (1) In general The Board of Directors first appointed shall be deemed the incorporator of IFA, and the incorporation shall be held to have been effected on the date of the first meeting of the Board of Directors. (2) Corporate office IFA shall— (A) maintain an office in Washington, DC; and (B) for purposes of venue in civil actions, be considered to be a resident of Washington, DC. (d) Responsibility of the Secretary The Secretary shall take such action as may be necessary to assist in implementing IFA and in carrying out the purpose of this Act. (e) Rule of Construction Chapter 91 of title 31, United States Code, does not apply to IFA, unless otherwise specifically provided in this Act. 102. Voting members of the Board of Directors (a) Voting membership of the Board of Directors (1) In general IFA shall have a Board of Directors consisting of 7 voting members, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than 4 of the members may belong to the same political party. (2) Chairperson One of the voting members of the Board of Directors shall be designated by the President, by and with the advice and consent of the Senate, to serve as Chairperson of the Board of Directors. (3) Congressional recommendations Not later than 30 days after the date of the enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives, after consultation with the appropriate committees of Congress, shall each submit a recommendation to the President of a person to be appointed as a member of the Board of Directors. (4) Special consideration of rural interests and geographic diversity In making an appointment under this subsection, the President shall give consideration to the geographic areas of the United States in which the members of the Board of Directors live and work, particularly to ensure that the infrastructure priorities and concerns of each region of the country, including rural areas and small communities, are represented on the Board of Directors. (b) Voting rights Each voting member of the Board of Directors shall have an equal vote in all decisions of the Board of Directors. (c) Qualifications of voting members Each voting member of the Board of Directors shall— (1) be a citizen of the United States; and (2) have significant demonstrated expertise in— (A) the management and administration of a financial institution relevant to the operation of IFA; or (B) the financing, development, or operation of infrastructure projects, including in the evaluation and selection of eligible infrastructure projects based on the purposes, goals, and objectives of this Act. (d) Terms (1) In general Except as otherwise provided in this Act, each voting member of the Board of Directors shall be appointed for a term of 5 years. (2) Initial staggered terms Of the voting members first appointed to the Board of Directors— (A) the initial Chairperson and 3 of the other voting members shall each be appointed for a term of 5 years; and (B) the remaining 3 voting members shall each be appointed for a term of 2 years. (3) Date of initial nominations The initial nominations for the appointment of all voting members of the Board of Directors shall be made not later than 60 days after the date of the enactment of this Act. (4) Beginning of term The term of each of the initial voting members appointed under this section shall commence immediately upon the date of appointment, except that, for purposes of calculating the term limits specified in this subsection, the initial terms shall each be construed as beginning on January 22 of the year following the date of the initial appointment. (5) Vacancies (A) In general A vacancy in the position of a voting member of the Board of Directors shall be filled by the President, by and with the advice and consent of the Senate. (B) Term A member appointed to fill a vacancy on the Board of Directors occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (e) Meetings (1) Open to the public; notice Except as provided in paragraph (3), all meetings of the Board of Directors shall be— (A) open to the public; and (B) preceded by reasonable public notice. (2) Frequency The Board of Directors shall meet— (A) not later than 60 days after the date on which all members of the Board of Directors are first appointed; (B) at least quarterly after the date described in subparagraph (A); and (C) at the call of the Chairperson or 3 voting members of the Board of Directors. (3) Exception for closed meetings (A) In general The voting members of the Board of Directors may, by majority vote, close a meeting to the public if, during the meeting to be closed, there is likely to be disclosed proprietary or sensitive information regarding an eligible infrastructure project under consideration for assistance under this Act. (B) Availability of minutes The Board of Directors shall prepare minutes of any meeting that is closed to the public, which minutes shall be made available as soon as practicable, but not later than 1 year after the date of the closed meeting, with any necessary redactions to protect any proprietary or sensitive information. (4) Quorum For purposes of meetings of the Board of Directors, 5 voting members of the Board of Directors shall constitute a quorum. (f) Compensation of members Each voting member of the Board of Directors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board of Directors. (g) Conflicts of interest A voting member of the Board of Directors may not participate in any review or decision affecting an eligible infrastructure project under consideration for assistance under this Act, if the member has or is affiliated with an entity who has a financial interest in that project. 103. Chief Executive Officer (a) In general The Chief Executive Officer shall— (1) be a nonvoting member of the Board of Directors; (2) be responsible for all IFA activities; and (3) support the Board of Directors in accordance with this Act and as the Board of Directors determines to be necessary. (b) Appointment and tenure of the Chief Executive Officer (1) In general The President shall appoint the Chief Executive Officer, by and with the advice and consent of the Senate. (2) Term The Chief Executive Officer shall be appointed for a term of 6 years. (3) Vacancies (A) In general Any vacancy in the office of the Chief Executive Officer shall be filled by the President, by and with the advice and consent of the Senate. (B) Term The person appointed to fill a vacancy in the Chief Executive Officer position that occurs before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (c) Qualifications The Chief Executive Officer— (1) shall have significant expertise in management and administration of a financial institution, or significant expertise in the financing and development of infrastructure projects; and (2) may not— (A) hold any other public office; (B) have any financial interest in an eligible infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (C) have any financial interest in an investment institution or its affiliates or any other entity seeking or likely to seek financial assistance for any eligible infrastructure project from IFA, unless any such interest is placed in a blind trust for a term equal to the tenure of the service of the Chief Executive Officer plus 2 additional years. (d) Responsibilities The Chief Executive Officer shall have such executive functions, powers, and duties as may be prescribed by this Act, the bylaws of IFA, or the Board of Directors, including— (1) responsibility for the development and implementation of the strategy of IFA, including— (A) the development and submission to the Board of Directors of the annual business plans and budget; (B) the development and submission to the Board of Directors of a long-term strategic plan; and (C) the development, revision, and submission to the Board of Directors of internal policies; and (2) responsibility for the management and oversight of the daily activities, decisions, operations, and personnel of IFA. (e) Compensation (1) In general Any compensation assessment or recommendation by the Chief Executive Officer under this section shall be without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. (2) Considerations The compensation assessment or recommendation required under this subsection shall take into account merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, and retention and recruitment needs in determining compensation of personnel. 104. Powers and duties of the Board of Directors The Board of Directors shall— (1) as soon as practicable after the date on which all members are appointed, approve or disapprove senior management appointed by the Chief Executive Officer; (2) not later than 180 days after the date on which all members are appointed— (A) develop and approve the IFA bylaws, including bylaws for the regulation of the affairs and conduct of the IFA business, consistent with the purpose, goals, objectives, and policies set forth in this Act; (B) establish subcommittees, including an audit committee that is composed solely of members of the Board of Directors, other than the Chief Executive Officer; (C) develop and approve, in consultation with senior management, a conflict-of-interest policy for the Board of Directors and for senior management; (D) approve or disapprove internal policies that the Chief Executive Officer shall submit to the Board of Directors, including— (i) policies regarding the loan application and approval process, including application procedures and project approval processes; and (ii) operational guidelines; and (E) approve or disapprove a 1-year business plan and budget for IFA; (3) ensure that IFA is at all times operated in a manner that is consistent with this Act— (A) by monitoring and assessing the effectiveness of IFA in achieving its strategic goals; (B) by reviewing and approving internal policies, annual business plans, annual budgets, and long-term strategies submitted by the Chief Executive Officer; (C) by reviewing and approving annual reports submitted by the Chief Executive Officer; (D) by engaging 1 or more external auditors, as set forth in this Act; and (E) by reviewing and approving all changes to the organization of senior management; (4) appoint and fix, by a vote of not less than 5 of the 7 voting members of the Board of Directors, and without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code, the compensation and adjustments to compensation of all IFA personnel, provided that in appointing and fixing any compensation or adjustments to compensation under this paragraph, the Board shall— (A) consult with, and seek to maintain comparability with, other comparable Federal personnel, as the Board of Directors may determine to be appropriate; (B) consult with the Office of Personnel Management; and (C) carry out those duties consistent with merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, comparability to private sector positions, and retention and recruitment needs in determining compensation of personnel; (5) serve as the primary liaison for IFA in interactions with Congress, the Secretary of Transportation and other executive branch officials, and State and local governments, and to represent the interests of IFA in those interactions and others; (6) approve by a vote of not less than 5 of the 7 voting members of the Board of Directors any changes to the bylaws or internal policies of IFA; (7) have the authority and responsibility— (A) to oversee entering into and carrying out such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out this Act; (B) to approve of the acquisition, lease, pledge, exchange, and disposal of real and personal property by IFA and otherwise approve the exercise by IFA of all of the usual incidents of ownership of property, to the extent that the exercise of those powers is appropriate to and consistent with the purposes of IFA; (C) to determine the character of, and the necessity for, the obligations and expenditures of IFA, and the manner in which the obligations and expenditures will be incurred, allowed, and paid, subject to this Act and other Federal law specifically applicable to wholly owned Federal corporations; (D) to execute, in accordance with applicable bylaws and regulations, appropriate instruments; (E) to approve other forms of credit enhancement that IFA may provide to eligible projects, as long as the forms of credit enhancements are consistent with the purposes of this Act and terms set forth in title II; (F) to exercise all other lawful powers which are necessary or appropriate to carry out, and are consistent with, the purposes of IFA; (G) to sue or be sued in the corporate capacity of IFA in any court of competent jurisdiction; (H) to indemnify the members of the Board of Directors and officers of IFA for any liabilities arising out of the actions of the members and officers in that capacity, in accordance with, and subject to the limitations contained in this Act; (I) to review all financial assistance packages to all eligible infrastructure projects, as submitted by the Chief Executive Officer and to approve, postpone, or deny the same by majority vote; (J) to review all restructuring proposals submitted by the Chief Executive Officer, including assignation, pledging, or disposal of the interest of IFA in a project, including payment or income from any interest owned or held by IFA, and to approve, postpone, or deny the same by majority vote; (K) to enter into binding commitments, as specified in approved financial assistance packages; (L) to determine whether— (i) to obtain a lien on the assets of an eligible entity that receives assistance under this Act; and (ii) to subordinate a lien under clause (i) to any other lien securing project obligations; and (M) to ensure a measurable public benefit in the selection of eligible infrastructure projects and to provide for reasonable public input in the selection of such projects; (8) delegate to the Chief Executive Officer those duties that the Board of Directors determines to be appropriate, to better carry out the powers and purposes of the Board of Directors under this section; and (9) approve a maximum aggregate amount of principal exposure of IFA at any given time. 105. Senior management (a) In general Senior management shall support the Chief Executive Officer in the discharge of the responsibilities of the Chief Executive Officer. (b) Appointment of senior management The Chief Executive Officer shall appoint such senior managers as are necessary to carry out the purposes of IFA, as approved by a majority vote of the voting members of the Board of Directors, including a chief compliance officer, general counsel, chief operating officer, chief lending officer, and other positions as determined to be appropriate by the Chief Executive Officer and the Board of Directors. (c) Term Each member of senior management shall serve at the pleasure of the Chief Executive Officer and the Board of Directors. (d) Removal of senior management Any member of senior management may be removed— (1) by a majority of the voting members of the Board of Directors at the request of the Chief Executive Officer; or (2) by a vote of not fewer than 5 voting members of the Board of Directors. (e) Senior management (1) In general Each member of senior management shall report directly to the Chief Executive Officer, other than the chief risk officer, who shall report directly to the Board of Directors. (2) Chief risk officer The chief risk officer shall be responsible for all functions of IFA relating to— (A) the creation of financial, credit, and operational risk management guidelines and policies; (B) the establishment of guidelines to ensure diversification of lending activities by region, infrastructure project type, and project size; (C) the creation of conforming standards for infrastructure finance agreements; (D) the monitoring of the financial, credit, and operational exposure of IFA; and (E) risk management and mitigation actions, including by reporting those actions, or recommendations of actions to be taken, directly to the Board of Directors. (f) Conflicts of interest No individual appointed to senior management may— (1) hold any other public office; (2) have any financial interest in an eligible infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (3) have any financial interest in an investment institution or its affiliates, IFA or its affiliates, or other entity then seeking or likely to seek financial assistance for any eligible infrastructure project from IFA, unless any such interest is placed in a blind trust during the term of service of that individual in a senior management position, and for a period of 2 years thereafter. 106. Office of Technical and Rural Assistance (a) In general The Chief Executive Officer shall create and manage the Office of Technical and Rural Assistance within IFA. (b) Duties The OTRA shall— (1) in consultation with the Secretary of Transportation and the heads of other relevant Federal agencies, as determined by the Chief Executive Officer, provide technical assistance to State and local governments and parties in public-private partnerships in the development and financing of eligible infrastructure projects, including rural infrastructure projects; (2) assist the entities described in paragraph (1) with coordinating loan and loan guarantee programs available through Federal agencies, including the Department of Transportation and other Federal agencies, as appropriate; (3) work with the entities described in paragraph (1) to identify and develop a pipeline of projects suitable for financing through innovative project financing and performance based project delivery, including those projects with the potential for financing through IFA; and (4) establish a regional infrastructure accelerator demonstration program to assist the entities described in paragraph (1) in developing improved infrastructure priorities and financing strategies, for the accelerated development of covered infrastructure projects, including those projects with the potential for financing through IFA. (c) Designation of regional infrastructure accelerators In carrying out the program established pursuant to subsection (b)(4), the OTRA is authorized to designate regional infrastructure accelerators that shall— (1) serve a defined geographic area; and (2) act as a resource in such area to entities described in subsection (b)(1), in accordance with this subsection. (d) Application process To be eligible for a designation under subsection (c), regional infrastructure accelerators shall submit a proposal to the OTRA at such time, in such form, and containing such information as the OTRA determines is appropriate. (e) Considerations In evaluating proposals submitted pursuant to subsection (d), the OTRA shall consider— (1) the need for geographic diversity among regional infrastructure accelerators; and (2) promoting investment in covered infrastructure projects, which shall include a plan— (A) to evaluate and promote innovative financing methods for local projects, including the use of IFA; (B) to build capacity of governments to evaluate and structure projects involving the investment of private capital; (C) to provide technical assistance and information on best practices with respect to financing such projects; (D) to increase transparency with respect to infrastructure project analysis and utilizing innovative financing for public infrastructure projects; (E) to deploy predevelopment capital programs designed to facilitate the creation of a pipeline of infrastructure projects available for investment; (F) to bundle smaller-scale and rural projects into larger proposals that may be more attractive for investment; and (G) to reduce transaction costs for public project sponsors. (f) Annual report The OTRA shall submit an annual report to Congress that describes the findings and effectiveness of the infrastructure accelerator demonstration program. 107. Special Inspector General for IFA (a) In general (1) Initial period During the 5-year period beginning on the date of the enactment of this Act, the Inspector General of the Department of the Treasury shall serve as the Special Inspector General for IFA in addition to the existing duties of the Inspector General of the Department of the Treasury. (2) Office of the Special Inspector General Beginning on the day that is 5 years after the date of the enactment of this Act, there is established the Office of the Special Inspector General for IFA. (b) Appointment of Inspector General; removal (1) Head of Office The head of the Office of the Special Inspector General for IFA shall be the Special Inspector General for IFA (referred to in this Act as the Special Inspector General ), who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Basis of appointment The appointment of the Special Inspector General shall be made on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Timing of nomination The nomination of an individual as Special Inspector General shall be made as soon as practicable after the date of enactment of this Act. (4) Removal The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) Rule of construction For purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Rate of pay The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay for an Inspector General under section 3(e) of the Inspector General Act of 1978 (5 U.S.C. App.). (c) Duties The Special Inspector General shall— (1) conduct, supervise, and coordinate audits and investigations of the business activities of IFA; (2) establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duty under paragraph (1); and (3) carry out any other duties and responsibilities of inspectors general under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Powers and authorities (1) In general In carrying out the duties specified in subsection (c), the Special Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (2) Additional authority The Special Inspector General shall carry out the duties specified in subsection (c)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978 (5 U.S.C. App.). (e) Personnel, facilities, and other resources (1) Additional officers (A) In general The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) Employment and compensation The Special Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). (2) Retention of services The Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Ability to contract for audits, studies, and other services The Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4) Request for information (A) In general Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of that entity shall, insofar as is practicable and not in contravention of any existing law, furnish the information or assistance to the Special Inspector General or an authorized designee. (B) Refusal to comply If information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary, without delay. (f) Reports (1) Annual report Not later than 1 year after the date on which the Special Inspector General is confirmed, and every calendar year thereafter, the Special Inspector General shall submit a report to the President and appropriate committees of Congress that summarizes the activities of the Special Inspector General during the 1-year period immediately preceding the submission of the report. (2) Public disclosures Nothing in this subsection may be construed as authorizing the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. 108. Other personnel (a) Appointment, removal, and definition of duties Except as otherwise provided in the IFA bylaws, the Chief Executive Officer, in consultation with the Board of Directors, shall appoint, remove, and define the duties of such qualified personnel as are necessary to carry out the powers, duties, and purpose of IFA, other than senior management, who shall be appointed in accordance with section 105. (b) Coordination in identifying qualifications and expertise In appointing qualified personnel pursuant to subsection (a), the Chief Executive Officer shall coordinate with, and seek assistance from, the Secretary of Transportation in identifying the appropriate qualifications and expertise in infrastructure project finance. 109. Compliance The provision of assistance by IFA pursuant to this Act does not supersede any provision of State law or regulation otherwise applicable to an eligible infrastructure project. II Terms and limitations on direct loans and loan guarantees 201. Eligibility criteria for assistance from IFA and terms and limitations of loans (a) Public benefit; financeability A project is not be eligible for financial assistance from IFA under this Act if— (1) the use or purpose of such project is private or such project does not create a public benefit, as determined by the Board of Directors; or (2) the applicant is unable to demonstrate, to the satisfaction of the Board of Directors, a sufficient revenue stream to finance the loan that will be used to pay for such project. (b) Financial criteria If the project meets the requirements under subsection (a), an applicant for financial assistance under this Act shall demonstrate, to the satisfaction of the Board of Directors, that— (1) for public-private partnerships, the project has received contributed capital or commitments for contributed capital equal to not less than 10 percent of the total cost of the eligible infrastructure project for which assistance is being sought if such contributed capital includes— (A) equity; (B) deeply subordinate loans or other credit and debt instruments, which shall be junior to any IFA assistance provided for the project; (C) appropriated funds or grants from governmental sources other than the Federal Government; or (D) irrevocable private contributions of funds, grants, property (including rights-of-way), and other assets that directly reduce or offset project costs; and (2) the eligible infrastructure project for which assistance is being sought— (A) is not for the refinancing of an existing infrastructure project; and (B) meets— (i) any pertinent requirements set forth in this Act; (ii) any criteria established by the Board of Directors under subsection (c) or by the Chief Executive Officer in accordance with this Act; and (iii) the definition of an eligible infrastructure project. (c) Considerations The criteria established by the Board of Directors under this subsection shall provide adequate consideration of— (1) the economic, financial, technical, environmental, and public benefits and costs of each eligible infrastructure project under consideration for financial assistance under this Act, prioritizing eligible infrastructure projects that— (A) demonstrate a clear and measurable public benefit; (B) offer value for money to taxpayers; (C) contribute to regional or national economic growth; (D) lead to long-term job creation; and (E) mitigate environmental concerns; (2) the means by which development of the eligible infrastructure project under consideration is being financed, including— (A) the terms, conditions, and structure of the proposed financing; (B) the creditworthiness and standing of the project sponsors, providers of equity, and cofinanciers; (C) the financial assumptions and projections on which the eligible infrastructure project is based; and (D) whether there is sufficient State or municipal political support for the successful completion of the eligible infrastructure project; (3) the likelihood that the provision of assistance by IFA will cause the development to proceed more promptly and with lower costs for financing than would be the case without IFA assistance; (4) the extent to which the provision of assistance by IFA maximizes the level of private investment in the eligible infrastructure project or supports a public-private partnership, while providing a significant public benefit; (5) the extent to which the provision of assistance by IFA can mobilize the participation of other financing partners in the eligible infrastructure project; (6) the technical and operational viability of the eligible infrastructure project; (7) the proportion of financial assistance from IFA; (8) the geographical location of the project, prioritizing geographical diversity of projects funded by IFA; (9) the size of the project and the impact of the project on the resources of IFA; and (10) the infrastructure sector of the project, prioritizing projects from more than 1 sector funded by IFA. (d) Application (1) In general Any eligible entity seeking assistance from IFA under this Act for an eligible infrastructure project shall submit an application to IFA at such time, in such manner, and containing such information as the Board of Directors or the Chief Executive Officer may require. (2) Review of applications (A) In general IFA shall review applications for assistance under this Act on an ongoing basis. (B) Preparation The Chief Executive Officer, in cooperation with the senior management, shall prepare eligible infrastructure projects for review and approval by the Board of Directors. (3) Dedicated revenue sources The Federal credit instrument shall be repayable, in whole or in part, from tolls, user fees, or other dedicated revenue sources derived from users or beneficiaries that also secure the eligible infrastructure project obligations. (e) Eligible infrastructure project costs (1) In general Except as provided in paragraph (2), to be eligible for assistance under this Act, an eligible infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $50,000,000. (2) Rural infrastructure projects To be eligible for assistance under this Act a rural infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $10,000,000. (f) Loan eligibility and maximum amounts (1) In general The amount of a direct loan or loan guarantee under this Act shall not exceed the lesser of— (A) 49 percent of the reasonably anticipated eligible infrastructure project costs; and (B) the amount of the senior project obligations, if the direct loan or loan guarantee does not receive an investment grade rating. (2) Maximum annual loan and loan guarantee volume The aggregate amount of direct loans and loan guarantees made by IFA shall not exceed— (A) during the first 2 fiscal years of the operations of IFA, $10,000,000,000 per year; (B) during fiscal years 3 through 9 of the operations of IFA, $20,000,000,000 per year; and (C) during any fiscal year thereafter, $50,000,000,000. 202. Loan terms and repayment (a) In general A direct loan or loan guarantee under this Act with respect to an eligible infrastructure project shall be on such terms, subject to such conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Chief Executive Officer determines appropriate. (b) Terms A direct loan or loan guarantee under this Act— (1) shall— (A) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources derived from users or beneficiaries; and (B) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (2) may be secured by a lien— (A) on the assets of the obligor, including revenues described in paragraph (1); and (B) which may be subordinated to any other lien securing project obligations. (c) Base interest rate The base interest rate on a direct loan under this Act shall be not less than the yield on Treasury obligations of a similar maturity to the maturity of the direct loan on the date of execution of the loan agreement. (d) Risk assessment Before entering into an agreement for assistance under this Act, the Chief Executive Officer, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under this section, shall determine an appropriate Federal credit subsidy amount for each direct loan and loan guarantee, taking into account that preliminary rating opinion letter and any comparable market rates available for such a loan or loan guarantee, should any exist. (e) Credit fee (1) In general With respect to each agreement for assistance under this Act, the Chief Executive Officer shall charge a credit fee to the recipient of that assistance to pay for, over time, all or a portion of the Federal credit subsidy determined under subsection (d), with the remainder paid by the account established for IFA. (2) Direct loans In the case of a direct loan, the credit fee described in paragraph (1) shall be in addition to the base interest rate established under subsection (c). (f) Maturity date The final maturity date of a direct loan or loan guaranteed by IFA under this Act shall be not later than 35 years after the date of substantial completion of the eligible infrastructure project, as determined by the Chief Executive Officer. (g) Preliminary rating opinion letter (1) In general The Chief Executive Officer shall require each applicant for assistance under this Act to provide a preliminary rating opinion letter from at least 1 rating agency, indicating that the senior obligations of the eligible infrastructure project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating. (2) Rural infrastructure projects With respect to a rural infrastructure project, a rating agency opinion letter described in paragraph (1) shall not be required, except that the loan or loan guarantee shall receive an internal rating score, using methods similar to the rating agencies generated by IFA, measuring the proposed direct loan or loan guarantee against comparable direct loans or loan guarantees of similar credit quality in a similar sector. (h) Investment-Grade rating requirement (1) Loans and loan guarantees The execution of a direct loan or loan guarantee under this Act shall be contingent on the senior obligations of the eligible infrastructure project receiving an investment-grade rating. (2) Rating of IFA overall portfolio The average rating of the overall portfolio of IFA shall be not less than investment grade after 5 years of operation. (i) Terms and Repayment of direct loans (1) Schedule The Chief Executive Officer shall establish a repayment schedule for each direct loan under this Act, based on the projected cash flow from eligible infrastructure project revenues and other repayment sources. (2) Commencement Scheduled loan repayments of principal or interest on a direct loan under this Act shall commence not later than 5 years after the date of substantial completion of the eligible infrastructure project, as determined by the Chief Executive Officer of IFA. (3) Deferred payments of direct loans (A) Authorization If, at any time after the date of substantial completion of an eligible infrastructure project assisted under this Act, the eligible infrastructure project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan under this Act, the Chief Executive Officer may allow the obligor to add unpaid principal and interest to the outstanding balance of the direct loan, if the result would benefit the taxpayer. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest, in accordance with the terms of the obligation, until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the eligible infrastructure project meeting criteria established by the Board of Directors. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment of direct loans (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the eligible infrastructure project obligations and direct loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations under this Act may be applied annually to prepay the direct loan, without penalty. (B) Use of proceeds of refinancing A direct loan under this Act may be prepaid at any time, without penalty, from the proceeds of refinancing from non-Federal funding sources. (j) Loan guarantees The terms of a loan guaranteed by IFA under this Act shall be consistent with the terms set forth in this section for a direct loan, except that the rate on the guaranteed loan and any payment, prepayment, or refinancing features shall be negotiated between the obligor and the lender (as defined in section 601(a) of title 23, United States Code) with the consent of the Chief Executive Officer. (k) Compliance with Federal Credit Reform Act of 1990 (1) In general Except as provided in paragraph (2), direct loans and loan guarantees authorized by this Act shall be subject to the provisions of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq.). (2) Exception Section 504(b) of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661c(b) ) shall not apply to a loan or loan guarantee under this Act. (l) Statement of policy It is the policy of Congress for IFA to make a direct loan or loan guarantee under this Act only if IFA reasonably expects to recover the full amount of the direct loan or loan guarantee. 203. Project Delivery Task Force (a) Establishment There is established within IFA the Project Delivery Task Force, which shall be overseen by the Chief Executive Officer. (b) Functions If an eligible infrastructure project receives financing from IFA, or the Chief Executive Officer, after reviewing an application for such financing, determines that such a project will be approved, the Task Force, in close consultation with appropriate permitting agencies, shall— (1) establish or update a permitting timetable for the proposed project, which ensures that the environmental review process is completed as soon as practicable; (2) coordinate concurrent permitting reviews by all necessary agencies; and (3) coordinate with relevant State agencies and regional infrastructure development agencies to ensure— (A) adequate participation; and (B) the timely provision of necessary documentation to allow any State review to proceed without delay. (c) Concurrent reviews Each agency, to the greatest extent permitted by law, shall— (1) carry out the obligations of the agency under other applicable law concurrently, and in conjunction with other reviews being conducted by other participating agencies, including environmental reviews required under the National Environmental Policy Act ( 42 U.S.C. 4321 et seq.), unless such concurrent reviews would impair the ability of the agency to carry out its statutory obligations; and (2) formulate and implement administrative, policy, and procedural mechanisms to enable the agency to ensure the completion of the environmental review process in a timely, coordinated, and environmentally responsible manner. 204. Compliance and enforcement (a) Credit agreement Notwithstanding any other provision of law, each eligible entity that receives assistance under this Act shall enter into a credit agreement that requires such entity to comply with all applicable policies and procedures of IFA, in addition to all other provisions of the loan agreement. (b) Applicability of Federal laws Each eligible entity that receives assistance under this Act shall provide written assurance, in such form and manner and containing such terms as are to be prescribed by IFA, that the eligible infrastructure project will be performed in compliance with the requirements of all Federal laws that would otherwise apply to similar projects to which the United States is a party, or financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant, or annual contribution (except where a different meaning is expressly indicated). (c) IFA authority on noncompliance In any case in which an eligible entity that receives assistance under this Act is materially out of compliance with the loan agreement, or any applicable policy or procedure of IFA, the Board of Directors may take action— (1) to cancel unused loan amounts; or (2) to accelerate the repayment terms of any outstanding obligation. 205. Audits; reports to the President and Congress (a) Accounting The IFA books of account shall be— (1) maintained in accordance with generally accepted accounting principles; and (2) subject to an annual audit by independent public accountants of nationally recognized standing appointed by the Board of Directors. (b) Reports (1) Board of Directors Not later than 90 days after the last day of each fiscal year, the Board of Directors shall submit, to the President and Congress, a complete and detailed report with respect to the preceding fiscal year, setting forth— (A) a summary of the operations of IFA for that fiscal year; (B) a schedule of the obligations of IFA and capital securities outstanding at the end of that fiscal year, with a statement of the amounts issued and redeemed or paid during that fiscal year; (C) the status of eligible infrastructure projects receiving funding or other assistance pursuant to this Act during that fiscal year, including— (i) all nonperforming loans; and (ii) disclosure of all entities with a development, ownership, or operational interest in those eligible infrastructure projects; (D) a description of the successes and challenges encountered in lending to rural communities, including the role of the Office of Technical and Rural Assistance established under this Act; and (E) an assessment of the risks of the portfolio of IFA, which shall be prepared by an independent source. (2) GAO Not later than 5 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an evaluation of, and submit a report to the Committee on Commerce, Science, and Transportation of the Senate , the Committee on Transportation and Infrastructure of the House of Representatives , and the Committee on Energy and Commerce of the House of Representatives that describes the activities of IFA for the fiscal years covered by the report, including— (A) an assessment of the impact and benefits of each funded eligible infrastructure project, including a review of how effectively each eligible infrastructure project accomplished the goals prioritized by the eligible infrastructure project criteria of IFA; and (B) an evaluation of the effectiveness of, and challenges facing, loan programs at the Department of Transportation and the Department of Energy, and an analysis of the advisability of consolidating those programs within IFA. (c) Books and Records (1) In general IFA shall maintain adequate books and records to support the financial transactions of IFA, with a description of financial transactions and eligible infrastructure projects receiving funding, and the amount of funding for each project maintained on a publicly accessible database. (2) Audits by the Secretary and GAO The books and records of IFA shall at all times be open to inspection by the Secretary, the Special Inspector General, and the Comptroller General of the United States. 206. Effect on other laws Nothing in this Act may be construed to affect or alter the responsibility of an eligible entity that receives assistance under this Act to comply with applicable Federal and State laws (including regulations) relating to an eligible infrastructure project. III Funding of IFA 301. Fees The Chief Executive Officer shall establish fees with respect to loans and loan guarantees under this Act that— (1) are sufficient to cover all the administrative costs to the Federal Government for the operations of IFA; (2) may be in the form of an application or transaction fee, or interest rate adjustment; and (3) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration— (A) the price of Treasury obligations of a similar maturity; (B) prevailing market conditions; (C) the ability of the eligible infrastructure project to support the loan or loan guarantee; and (D) the total amount of the loan or loan guarantee. 302. Self-sufficiency of IFA The Chief Executive Officer, to the extent practicable, shall take actions consistent with this Act to make IFA a self-sustaining entity, with administrative costs and Federal credit subsidy costs fully funded by fees and risk premiums on loans and loan guarantees. 303. Funding (a) Authorization of appropriations (1) In general There is authorized to be appropriated to IFA to make direct loans and loan guarantees under this Act $10,000,000,000, which shall remain available until expended. (2) Administrative costs Of the amounts appropriated pursuant to paragraph (1), IFA may expend, for administrative costs, not more than— (A) $25,000,000 for each of the fiscal years 2021 and 2022; and (B) not more than $50,000,000 for fiscal year 2023. (b) Interest The amounts made available to IFA pursuant to subsection (a) shall be placed in interest-bearing accounts. (c) Rural infrastructure projects Of the amounts made available to IFA under this section, not less than 5 percent shall be used to offset subsidy costs associated with rural infrastructure projects. 304. Contract authority Notwithstanding any other provision of law, approval by the Board of Directors of a Federal credit instrument that uses funds made available under this Act shall impose upon the United States a contractual obligation to fund the Federal credit investment. 305. Limitation on authority IFA shall not have the authority to issue debt in its own name. IV Tax exemption requirements for State and local bonds 401. National limitation on amount of tax-exempt financing for facilities Section 142(m)(2)(A) of the Internal Revenue Code of 1986 is amended by striking $15,000,000,000 and inserting $16,000,000,000 . V Budgetary effects 501. 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-117s1499is/xml/BILLS-117s1499is.xml |
117-s-1500 | II 117th CONGRESS 1st Session S. 1500 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Durbin (for himself and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To permit Amtrak to bring civil actions in Federal district court to enforce the right set forth in section 24308(c) of title 49, United States Code, which gives intercity and commuter rail passenger transportation preference over freight transportation in using a rail line, junction, or crossing.
1. Short title This Act may be cited as the Rail Passenger Fairness Act . 2. Findings (1) Congress created Amtrak under the Rail Passenger Service Act of 1970 ( Public Law 91–158 ). (2) Amtrak began serving customers on May 1, 1971, taking over the operation of most intercity passenger trains that private, freight railroads were previously required to operate. In exchange for assuming these passenger rail operations, Amtrak was given access to the national rail network. (3) In return for relief from the obligation to provide intercity passenger service, railroads over which Amtrak operated (referred to in this section as host railroads ) were expected to give Amtrak passenger trains preference over freight trains when using the national rail network. (4) In 1973, Congress passed the Amtrak Improvement Act of 1973 ( Public Law 93–146 ), which gives intercity and commuter rail passenger transportation preference over freight transportation in using a rail line, junction, or crossing. This right, which is now codified as section 24308(c) of title 49, United States Code, states, Except in an emergency, intercity and commuter rail passenger transportation provided by or for Amtrak has preference over freight transportation in using a rail line, junction, or crossing unless the Board orders otherwise under this subsection. A rail carrier affected by this subsection may apply to the Board for relief. If the Board, after an opportunity for a hearing under section 553 of title 5, decides that preference for intercity and commuter rail passenger transportation materially will lessen the quality of freight transportation provided to shippers, the Board shall establish the rights of the carrier and Amtrak on reasonable terms. . (5) Many host railroads have ignored the law referred to in paragraph (4) by refusing to give passenger rail the priority to which it is statutorily entitled and giving freight transportation the higher priority. As a result, Amtrak’s on time performance on most host railroads is poor, has declined between 2014 through 2019, and continues to decline. (6) According to Amtrak, 6,500,000 customers on State-supported and long-distance trains arrived at their destination late during fiscal year 2019. Nearly 70 percent of these delays were caused by host railroads, amounting to a total of 3,200,000 minutes. The largest cause of these delays was freight train interference, which accounted for more than 1,000,000 minutes of delay for Amtrak passengers, or approximately 2 years, because host railroads chose to give freight trains priority. (7) Poor on-time performance wastes taxpayer dollars. According to a 2019 report by Amtrak’s Office of Inspector General, a 5 percent improvement of on-time performance on all Amtrak routes would result in $12,100,000 in cost savings to Amtrak in the first year. If on-time performance on long-distance routes reached 75 percent for a year, Amtrak would realize an estimated $41,900,000 in operating cost savings, with a one-time savings of $336,000,000 due to a reduction in equipment replacement needs. (8) Historical data suggests that on-time performance on host railroads is driven by the existence of an effective means to enforce Amtrak’s preference rights: (A) Two months after the date of the enactment of the Passenger Rail Investment and Improvement Act of 2008 (division B of Public Law 110–432 ), which included provisions for the enforcement of these preference rights, was enacted, the on-time performance of long-distance trains improved from 56 percent to 77 percent and Class I freight train interference delays across all routes declined by 40 percent. (B) One year after such date of enactment, freight train interference delays had declined by 54 percent and the on-time performance of long-distance trains reached 85 percent. (C) In 2014, after some of the provisions in the Passenger Rail Investment and Improvement Act of 2008 related to enforcement of preference were ruled unconstitutional by a D.C. Circuit Court, long-distance train on-time performance declined from 72 percent to 50 percent, and freight train interference delays increased 59 percent. (D) The last time long-distance trains achieved an on-time rate of more than 80 percent in a given month was February 2012. (9) As a result of violations of Amtrak’s right to preference, Amtrak has been consistently unable on host railroad networks to meet its congressionally mandated mission and goals, which are codified in section 24101 of title 49, United States Code (relating to providing on-time and trip-time competitive service to its passengers). (10) Amtrak does not have an effective mechanism to enforce its statutory preference right in order to fulfill its mission and goals. Only the Attorney General can bring a civil action for equitable relief in a district court of the United States to enforce Amtrak’s preference rights. (11) In Amtrak’s entire history, the only enforcement action initiated by the Attorney General was against the Southern Pacific Transportation Company in 1979. (12) Congress supports continued authority for the Attorney General to initiate an action, but Amtrak should also be entitled to bring a civil action before a Federal district court to enforce its statutory preference rights. 3. Authorize Amtrak to bring a civil action to enforce its preference rights (a) In general Section 24308(c) of title 49, United States Code, is amended, by adding at the end the following: Notwithstanding sections 24103(a) and 24308(f), Amtrak shall have the right to bring an action for equitable or other relief in the United States District Court for the District of Columbia to enforce the preference rights granted under this subsection. . (b) Conforming amendment Section 24103 of title 49, United States Code, is amended by inserting and section 24308(c) before , only the Attorney General . | https://www.govinfo.gov/content/pkg/BILLS-117s1500is/xml/BILLS-117s1500is.xml |
117-s-1501 | II 117th CONGRESS 1st Session S. 1501 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Durbin (for himself, Mr. Reed , Ms. Hirono , Mr. Blumenthal , Ms. Duckworth , Mr. Brown , Mr. Whitehouse , Ms. Warren , Mrs. Feinstein , Mr. Leahy , Mr. Van Hollen , and Mr. Sanders ) 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 modify the rules relating to inverted corporations.
1. Short title This Act may be cited as the Stop Corporate Inversions Act of 2021 . 2. Modifications to rules relating to inverted corporations (a) In general Subsection (b) of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Inverted corporations treated as domestic corporations (1) In general Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— (A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent for 60 percent , or (B) such corporation is an inverted domestic corporation. (2) Inverted domestic corporation For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— (A) the entity completes after May 8, 2014, the direct or indirect acquisition of— (i) substantially all of the properties held directly or indirectly by a domestic corporation, or (ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and (B) after the acquisition, either— (i) more than 50 percent of the stock (by vote or value) of the entity is held— (I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or (II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or (ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. (3) Exception for corporations with substantial business activities in foreign country of organization A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities shall have the meaning given such term under regulations in effect on January 18, 2017, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. (4) Management and control For purposes of paragraph (2)(B)(ii)— (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after May 8, 2014. (B) Executive officers and senior management Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. (5) Significant domestic business activities For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of— (A) the employees of the group are based in the United States, (B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, (C) the assets of the group are located in the United States, or (D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on January 18, 2017, but applied by treating all references in such regulations to foreign country and relevant foreign country as references to the United States . The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph. . (b) Conforming amendments (1) Clause (i) of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, and inserting after March 4, 2003, and before May 8, 2014, . (2) Subsection (c) of section 7874 of such Code is amended— (A) in paragraph (2)— (i) by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) ; and (ii) by inserting or (b)(2)(A) after (a)(2)(B)(i) in subparagraph (B); (B) in paragraph (3), by inserting or (b)(2)(B)(i), as the case may be, after (a)(2)(B)(ii) ; (C) in paragraph (5), by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B)(i) ; and (D) in paragraph (6), by inserting or inverted domestic corporation, as the case may be, after surrogate foreign corporation . (c) Effective date The amendments made by this section shall apply to taxable years ending after May 8, 2014. | https://www.govinfo.gov/content/pkg/BILLS-117s1501is/xml/BILLS-117s1501is.xml |
117-s-1502 | II 117th CONGRESS 1st Session S. 1502 IN THE SENATE OF THE UNITED STATES April 29, 2021 Ms. Cortez Masto (for herself, Mr. Grassley , Mr. Leahy , Mr. Young , and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To make Federal law enforcement officer peer support communications confidential, and for other purposes.
1. Short title This Act may be cited as the Confidentiality Opportunities for Peer Support Counseling Act or the COPS Counseling Act . 2. Confidentiality of peer support communications (a) Definitions In this section: (1) Law enforcement agency The term law enforcement agency means a Federal agency that employs a law enforcement officer. (2) Law enforcement officer The term law enforcement officer has the meaning given the term Federal law enforcement officer in section 115 of title 18, United States Code. (3) Peer support communication The term peer support communication includes— (A) an oral or written communication made in the course of a peer support counseling session; (B) a note or report arising out of a peer support counseling session; (C) a record of a peer support counseling session; or (D) with respect to a communication made by a peer support participant in the course of a peer support counseling session, another communication, regarding the first communication, that is made between a peer support specialist and— (i) another peer support specialist; (ii) a staff member of a peer support counseling program; or (iii) a supervisor of the peer support specialist. (4) Peer support counseling program The term peer support counseling program means a program provided by a law enforcement agency that provides counseling services from a peer support specialist to a law enforcement officer of the agency. (5) Peer support counseling session The term peer support counseling session means any counseling formally provided through a peer support counseling program between a peer support specialist and 1 or more law enforcement officers. (6) Peer support participant The term peer support participant means a law enforcement officer who receives counseling services from a peer support specialist. (7) Peer support specialist The term peer support specialist means a law enforcement officer who— (A) has received training in— (i) peer support counseling; and (ii) providing emotional and moral support to law enforcement officers who have been involved in or exposed to an emotionally traumatic experience in the course of employment; and (B) is designated by a law enforcement agency to provide the services described in subparagraph (A). (b) Prohibition Except as provided in subsection (c), a peer support specialist or a peer support participant may not disclose the contents of a peer support communication to an individual who was not a party to the peer support communication. (c) Exceptions Subsection (b) shall not apply to a peer support communication if— (1) the peer support communication contains— (A) an explicit threat of suicide by an individual in which the individual— (i) shares— (I) an intent to die by suicide; and (II) a plan for a suicide attempt or the means by which the individual plans to carry out a suicide attempt; and (ii) does not solely share that the individual is experiencing suicidal thoughts; (B) an explicit threat by an individual of imminent and serious physical bodily harm or death to another individual who is clearly identified or identifiable; (C) information— (i) relating to the abuse or neglect of— (I) a child; or (II) an older or vulnerable individual; or (ii) that is required by law to be reported; or (D) an admission of criminal conduct; (2) the disclosure is permitted by each peer support participant who was a party to, as applicable— (A) the peer support communication; (B) the peer support counseling session out of which the peer support communication arose; (C) the peer support counseling session of which the peer support communication is a record; or (D) the communication made in the course of a peer support counseling session that the peer support communication is regarding; or (3) a court of competent jurisdiction issues an order or subpoena requiring the disclosure of the peer support communication. (d) Rule of construction Nothing in subsection (b) shall be construed to prohibit the disclosure of— (1) an observation made by a law enforcement officer of a peer support participant outside of a peer support counseling session; or (2) knowledge of a law enforcement officer about a peer support participant not gained from a peer support communication. (e) Disclosure of rights Before the initial peer support counseling session of a peer support participant, a peer support specialist shall inform the peer support participant in writing of the confidentiality requirement under subsection (b) and the exceptions to the requirement under subsection (c). 3. Best practices and support (a) Definitions In this section: (1) First responder The term first responder has the meaning given the term public safety officer in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ). (2) First responder agency The term first responder agency means a Federal, State, local, or Tribal agency that employs or otherwise engages the services of a first responder. (3) Peer support counseling program The term peer support counseling program means a program provided by a first responder agency that provides counseling services from a peer support specialist to a first responder of the first responder agency. (4) Peer support participant The term peer support participant means a first responder who receives counseling services from a peer support specialist. (5) Peer support specialist The term peer support specialist means a first responder who— (A) has received training in— (i) peer support counseling; and (ii) providing emotional and moral support to first responders who have been involved in or exposed to an emotionally traumatic experience in the course of the duties of those first responders; and (B) is designated by a first responder agency to provide the services described in subparagraph (A). (b) Report on best practices Not later than 2 years after the date of enactment of this Act, the Attorney General, in coordination with the Secretary of Health and Human Services, shall develop a report on best practices and professional standards for peer support counseling programs for first responder agencies that includes— (1) advice on— (A) establishing and operating peer support counseling programs; and (B) training and certifying peer support specialists; (2) a code of ethics for peer support specialists; (3) recommendations for continuing education for peer support specialists; (4) advice on disclosing to first responders any confidentiality rights of peer support participants; and (5) information on— (A) the different types of peer support counseling programs in use by first responder agencies; (B) any differences in peer support counseling programs offered across categories of first responders; and (C) the important role senior first responders play in supporting access to mental health resources. (c) Implementation The Attorney General shall support and encourage the implementation of peer support counseling programs in first responder agencies by— (1) making the report developed under subsection (b) publicly available on the website of the Department of Justice; and (2) providing a list of peer support specialist training programs on the website of the Department of Justice. | https://www.govinfo.gov/content/pkg/BILLS-117s1502is/xml/BILLS-117s1502is.xml |
117-s-1503 | II 117th CONGRESS 1st Session S. 1503 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Cruz (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the Secretary of State to submit a report to Congress describing certain violations by Mexican authorities of the U.S.-Mexico Mutual Legal Assistance Treaty, and for other purposes.
1. Short titles This Act may be cited as the Transparency to Rehabilitate United States Treaties with Mexico Act of 2021 or the TRUST with Mexico Act of 2021 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; and (B) the Committee on Foreign Affairs of the House of Representatives . (2) U.S.-Mexico mutual legal assistance treaty The term U.S.-Mexico Mutual Legal Assistance Treaty means the Treaty on Cooperation for Mutual Legal Assistance, done at Mexico City December 9, 1987, and entered into force May 3, 1991 (TIAS 91–503). 3. Report on actions by the Government of Mexico in violation of the U.S.-Mexico Mutual Legal Assistance Treaty (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that describes any actions taken by the Government of Mexico, on or after January 1, 2020, that contravene paragraph (1) of Article 6 of the U.S.-Mexico Mutual Legal Assistance Treaty. (b) Contents The report required under subsection (a) shall include— (1) for every action identified in such report, a description of— (A) the action taken; (B) the government agency or agencies responsible for such action; (C) a description of the action’s effect on the joint counternarcotics efforts of the United States and Mexico; and (D) a description of the action’s effect on the national security of the United States; and (2) a description of the assets of Division General Salvador Cienfuegos Zepeda, including a description of— (A) his estimated net worth; (B) the estimated net worth of his immediate family members; and (C) all of his real, personal, and intellectual property, bank or investment or similar accounts, and any other financial or business interests or holdings, including those outside of Mexico, whether obtained legitimately or illegitimately. | https://www.govinfo.gov/content/pkg/BILLS-117s1503is/xml/BILLS-117s1503is.xml |
117-s-1504 | II 117th CONGRESS 1st Session S. 1504 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Securities and Exchange Commission to issue rules requiring enhanced disclosures for blank check companies during initial public offering and pre-merger stages, and for other purposes.
1. Short title This Act may be cited as the Sponsor Promote and Compensation Act . 2. Enhanced disclosures for blank check companies during IPO and pre-merger stages (a) Definitions In this section— (1) the term blank check company has the meaning given the term in section 7(b)(3) of the Securities Act of 1933 ( 15 U.S.C. 77g(b)(3) ); and (2) the term Commission means the Securities and Exchange Commission. (b) Disclosures Not later than 120 days after the date of enactment of this Act, the Commission shall issue rules— (1) establishing enhanced disclosures for blank check companies during an initial public offering or prior to a merger, which shall require the disclosure of— (A) the amount of cash per share expected to be held by the blank check company immediately prior to the merger under various redemption scenarios; (B) any side payments or agreements to pay sponsors, blank check company investors, or private investors in public equity for their participation in the merger, including any rights or warrants to be issued post-merger and the dilutive impact of those rights or warrants; and (C) any fees or other payments to the sponsor, underwriter, and any other party, including the dilutive impact of any warrant that remains outstanding after blank check company investors redeem shares pre-merger; and (2) allowing the disclosures required under paragraph (1) to be more explicit to investors, in particular retail investors. | https://www.govinfo.gov/content/pkg/BILLS-117s1504is/xml/BILLS-117s1504is.xml |
117-s-1505 | II 117th CONGRESS 1st Session S. 1505 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Commandant of the Coast Guard to modify regulations relating to vessel response plans to include notifications with respect to search and rescue missions.
1. Short title This Act may be cited as the Vessel Response Plan Improvement Act . 2. Search and rescue notification requirements for vessel response plans of Coast Guard-approved commercial vessels (a) In general The Commandant of the Coast Guard shall modify subparts I and J of part 155 of title 33, Code of Federal Regulations, to require the vessel response plans of Coast Guard-approved tank and nontank commercial vessels to include the procedures described in subsection (b) for use by the Coast Guard in the case of a search and rescue mission. (b) Procedures The procedures described in this subsection are as follows: (1) A procedure for providing, not less frequently than twice daily for the duration of a search and rescue mission, notifications to family members of the crew of the vessel with respect to the status of the search and rescue mission, any injured crew member, and salvage. (2) A procedure for the immediate notification of the next of kin or family members in the case of— (A) a deceased crew member; or (B) the recovery of a survivor or the body of a crew member during such a search and rescue mission. | https://www.govinfo.gov/content/pkg/BILLS-117s1505is/xml/BILLS-117s1505is.xml |
117-s-1506 | II 117th CONGRESS 1st Session S. 1506 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Markey (for himself and Mr. Wyden ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Assistant Secretary of Commerce for Communications and Information to carry out a grant and revolving loan program to provide funding for projects to increase the resiliency and energy efficiency of communications networks, and for other purposes.
1. Short title This Act may be cited as the Generating Resilient and Energy Efficient Network Communications Act or the GREEN Communications Act . 2. Definitions In this Act: (1) Assistant Secretary The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. (2) Commission The term Commission means the Federal Communications Commission. (3) Communications infrastructure The term communications infrastructure means any equipment, tower, support structure, facility, product, or technology that is essential to the operation of a communications network. (4) Communications network The term communications network means— (A) a broadband network; (B) a cellular network; (C) a telephone network; (D) a cable system; (E) a network that is primarily used for public safety or first responder communications; or (F) a network that provides any other communications or telecommunications service. (5) Communications network outage The term communications network outage means an outage with respect to a communications network that results in the disruption of services provided by the communications network. (6) Covered efficiency project The term covered efficiency project means, with respect to action taken by an eligible entity— (A) the purchase or upgrading of equipment or technology, including an electrical or thermal monitoring system, that is demonstrated to increase the energy efficiency of communications infrastructure; (B) the installation or upgrading of permanent solar panels, wind turbines, combined heat and power technology, or other renewable energy generators that are used in communications infrastructure, or at a data center, provided, operated, or owned by the eligible entity; (C) entering into a partnership with an energy utility company to purchase land for renewable energy infrastructure, or to construct renewable energy infrastructure, that will be used to power a data center, an internet exchange point, or communications infrastructure provided, operated, or owned by the eligible entity; (D) the reduction of water consumption for cooling a data center, or operating other communications infrastructure, provided, operated, or owned by the eligible entity, in an area that is likely to experience drought; (E) the study of ways to make a communications network provided, operated, or owned by the eligible entity, or communications infrastructure provided, operated, or owned by the eligible entity, more energy and resource efficient; (F) the study, including through pilot projects, of green technologies to make a communications network provided, operated, or owned by the eligible entity more energy and resource efficient; or (G) any other type of project carried out by the eligible entity that the Assistant Secretary determines will promote the adoption of energy efficient, renewable energy, and carbon-neutral technologies and practices with respect to communications networks, or communications infrastructure, provided, operated, or owned by the eligible entity. (7) Covered resiliency project The term covered resiliency project means, with respect to action taken by an eligible entity— (A) the construction of communications infrastructure to be provided, operated, or owned by the eligible entity in a location that is not vulnerable to projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (B) the relocation of communications infrastructure provided, operated, or owned by the eligible entity to a location that is less vulnerable to projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (C) the reinforcement, hardening, or replacement of communications infrastructure provided, operated, or owned by the eligible entity in a location that is increasingly vulnerable to projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (D) the construction of a fortification, such as a sea wall or embankment, or the development of green infrastructure solutions, such as wetlands or drainage ponds, to protect communications infrastructure provided, operated, or owned by the eligible entity from projected severe effects with respect to extreme weather, natural disasters, or climate change-related events, including sea-level rise, flooding, and increased risk of wildfire; (E) the undertaking of research with respect to communications infrastructure provided, operated, or owned by the eligible entity to identify vulnerabilities of that infrastructure to climate change based on the best available data, analysis, and projections regarding that change, including sea-level rise projections, 100-year floodplain maps, and heat and temperature projections; (F) the undertaking of research (using the best available data, analysis and projections regarding tectonic science and structural engineering) with respect to communications infrastructure provided, operated, or owned by the eligible entity to identify vulnerabilities, or the susceptibility, of that communications infrastructure to damage caused by natural disasters; (G) the purchase of renewable energy or low-emission backup generators, fuel cells, or batteries to maximize the likelihood that communications infrastructure provided, operated, or owned by the eligible entity can continue operating in the event of an electrical system outage, without regard to whether the eligible entity is required to provide such backup power with respect to that communications infrastructure; (H) the purchase of cooling equipment or insulation, or the development of green infrastructure, to protect communications infrastructure provided, operated, or owned by the eligible entity from extreme heat events; (I) the piloting of technologies to make a communications network provided, operated, or owned by the eligible entity more resilient through energy efficient and low carbon emission measures; (J) in order to facilitate faster detection of, or response to, a communications network outage with respect to a communications network provided, operated, or owned by the eligible entity— (i) the training of employees of the eligible entity relating to such a detection or response; (ii) the conducting of communications network outage tests or simulations; (iii) the participation in communications network outage tests or simulations, including those administered by local, State, or Federal governmental entities; or (iv) the purchase of equipment or technology relating to such a detection or response, including communications infrastructure (including deployable communications infrastructure) that can expedite the restoration of communications or telecommunications services after such a communications network outage; (K) the undertaking of research to develop technologies that can expedite the restoration of communications or telecommunications services after an outage with respect to communications infrastructure provided, operated, or owned by the eligible entity; (L) the construction, purchase, relocation, reinforcement, or replacement of communications infrastructure provided, operated, or owned by the eligible entity in order to minimize the risk of a communications network outage caused by an affirmative power shut-off by a utility; or (M) any other type of project carried out by the eligible entity that the Assistant Secretary determines will increase the resiliency of a communications network or communications infrastructure provided, operated, or owned by the eligible entity with respect to— (i) severe weather; (ii) natural disasters; and (iii) climate change-related events, including extreme weather events, droughts, coastal and inland flooding, sea level rise, increased storm surge, wildfires, mudslides, and extreme temperatures. (8) Data center The term data center means a centralized location at which computing and networking equipment is concentrated for the purpose of collecting, storing, processing, distributing, or allowing access to large amounts of electronic data. (9) Eligible entity The term eligible entity means any private or public entity, including a State, local, or Tribal government, that provides, operates, or owns a communications network or communications infrastructure. (10) Natural disaster The term natural disaster includes a natural event that is not related to climate change, including an earthquake, a tornado, a hurricane, a volcanic eruption, a solar flare, a geomagnetic disturbance, and an electromagnetic pulse. (11) NTIA The term NTIA means the National Telecommunications and Information Administration. 3. Financial assistance for communications network resiliency and energy efficiency (a) In general (1) Establishment Not later than 1 year after the date of enactment of this Act, the Assistant Secretary shall establish a program in the NTIA (referred to in this section as the Program ) through which the Assistant Secretary, subject to the other provisions of this section, shall competitively award grants and revolving loans to eligible entities to carry out covered efficiency projects and covered resiliency projects. (2) Preliminary rulemaking Before accepting applications for a grant or a revolving loan under the Program, the Assistant Secretary shall, under section 553 of title 5, United States Code, and after consultation with eligible entities and the Secretary of Homeland Security, conduct a rulemaking to develop a process for— (A) identifying proprietary and confidential information contained in such an application; and (B) handling and protecting information described in subparagraph (A). (b) Application process (1) In general Subject to paragraph (2), an eligible entity seeking a grant or a revolving loan under the Program shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may require. (2) Minimum requirements An application submitted by an eligible entity under paragraph (1) shall contain, at a minimum, and to the extent applicable— (A) with respect to a covered efficiency project— (i) an overview of the energy sourcing of the communications infrastructure or other equipment that is the subject of the project; and (ii) a description of how the grant or revolving loan sought by the eligible entity will improve the energy or resource efficiency of the communications infrastructure or other equipment that is the subject of the project; and (B) with respect to a covered resiliency project— (i) a description of the current, as of the date on which the application is submitted, resiliency efforts of the eligible entity with respect to the communications infrastructure or communications network that is the subject of the project; (ii) a description of the specific vulnerability of, or threat of disruption to, the communications infrastructure or communications network that is the subject of the project; (iii) a description of how the grant or revolving loan sought by the eligible entity will improve the resiliency of the communications infrastructure or communications network that is the subject of the project; (iv) a statement that the project meets all applicable local, State, Tribal, and Federal zoning and environmental requirements; and (v) a description of how the project will integrate with local or regional strategic planning efforts, if applicable. (c) Funding prioritization In selecting projects for which funding will be provided under the Program, the Assistant Secretary shall give priority to— (1) covered efficiency projects that— (A) will be carried out in, or primarily benefit, areas in which— (i) the median household income is below 150 percent of the Federal poverty level; or (ii) a majority of the residents are members of a racial or ethnic minority group; (B) have the greatest demonstrated impact on energy efficiency; or (C) demonstrate the greatest overall projected reductions in greenhouse gas emissions; and (2) covered resiliency projects that— (A) will be carried out in, or primarily benefit, areas— (i) in which the median household income is below 150 percent of the Federal poverty level; (ii) in which a majority of the residents are members of a racial or ethnic minority group; (iii) in which rural features or sparse populations limit other investments with respect to the resiliency of communications networks; or (iv) that are highly vulnerable to events relating to severe weather, natural disasters, or climate change-related events, as determined by the Assistant Secretary after— (I) consulting with the Administrators of the Federal Emergency Management Agency, the National Oceanic and Atmospheric Administration, and the Environmental Protection Agency, using the best data available to those officials; and (II) obtaining input from operators of communications networks regarding the types of events that are most or least impactful to those communications networks; or (B) utilize green infrastructure or renewable energy solutions, including by piloting new green solutions that will affirmatively increase the resiliency of communications infrastructure or communications networks provided, operated, or owned by the eligible entity. (d) Conditions on financial assistance (1) Covered efficiency project An eligible entity to which funding is made available under the Program with respect to a covered efficiency project shall, to the extent applicable— (A) not later than 1 year after the date on which the eligible entity receives the funding, and annually thereafter until the completion of the covered efficiency project, submit to the Assistant Secretary a report that describes, for the year covered by the report, the electrical consumption, by source, of the communications infrastructure or other property that is the subject of the project, which shall identify the percentage of that consumption that comes from fossil fuels and from renewable energy sources; and (B) complete a clean energy review— (i) the components of which shall be established by the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency— (I) through rulemaking under section 553 of title 5, United States Code; and (II) after developing a process, in consultation with eligible entities, for— (aa) identifying proprietary and confidential information contained in such a review; and (bb) handling and protecting information described in item (aa); and (ii) which shall include— (I) the energy consumption patterns of the eligible entity; and (II) the steps taken by the eligible entity, or the steps that the eligible entity will take, to achieve a goal of net-zero carbon emissions with respect to the communications infrastructure, and communications networks, provided, operated, or owned by the eligible entity. (2) Covered resiliency project An eligible entity to which funding is made available under the Program with respect to a covered resiliency project shall, to the extent applicable— (A) beginning not later than 60 days after the date on which the eligible entity receives the funding, participate in the Disaster Information Reporting System operated by the Commission, including by subsequently reporting, during times of emergency, the operational status of communications infrastructure operated by the eligible entity; (B) not later than 1 year after the date on which the eligible entity receives the funding, and annually thereafter until the completion of the covered resiliency project, submit to the Commission a report that, to the extent applicable, contains, with respect to communications infrastructure provided, operated, or owned by the eligible entity— (i) the number, duration, and frequency of communications network outages experienced as a result of an outage with respect to, or other failure of, that infrastructure within a certain time period, as determined by the Commission; (ii) the specific cause of each communications network outage described in clause (i); (iii) the number of consumers affected by each communications network outage described in clause (i); (iv) the extent to which first responders were affected by each communications network outage described in clause (i); (v) the total number of communications network outages annually experienced with respect to that infrastructure that are attributable to severe weather, natural disasters, and climate change-related events and the number of consumers affected by those outages; (vi) the extent of any reduction of communications network performance caused by a communications network outage with respect to that infrastructure; (vii) the amount of time between the start of each communications network outage with respect to that infrastructure and detection of the outage; (viii) the amount of time between the detection of each communications network outage with respect to that infrastructure and the initiation of any response to mitigate the effects of the outage; (ix) the amount of time required to fully restore services after a communications network outage with respect to that infrastructure; and (x) any other information that the Commission determines is necessary to achieve the objectives described in section 4(a)(2); and (C) complete a communications resiliency review— (i) the components of which shall be established by the Commission, in consultation with the Assistant Secretary— (I) through rulemaking under section 553 of title 5, United States Code; and (II) after developing a process, in consultation with eligible entities, for— (aa) identifying proprietary and confidential information contained in such a review; and (bb) handling and protecting information described in item (aa); and (ii) which shall include, to the extent applicable— (I) the analysis of the eligible entity with respect to the vulnerabilities of communications infrastructure provided, operated, or owned by the eligible entity with respect to severe weather, natural disasters, and climate change-related events; (II) a description of steps taken by the eligible entity, or steps that the eligible entity will take, to address the vulnerabilities described in subclause (I); and (III) the number of projected potential users of the communications network or communications infrastructure provided, operated, or owned by the eligible entity that may be affected by the vulnerabilities described in subclause (I). (e) Consultation with relevant agencies In establishing and carrying out the Program, the Assistant Secretary may consult and coordinate, as needed, with the Commission, the Secretary of Commerce, the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Administrator of the Federal Emergency Management Agency, and the head of any other Federal agency with relevant subject matter expertise. (f) Authorization of appropriations; minimum expenditures (1) In general There are authorized to be appropriated to the Assistant Secretary $5,000,000,000 to carry out the Program, which shall remain available until expended. (2) Minimum expenditures; administrative costs Of the amounts made available to carry out the Program, the Assistant Secretary shall— (A) use not less than 25 percent to provide assistance to eligible entities to carry out covered efficiency projects; (B) use not less than 25 percent to provide assistance to eligible entities to carry out covered resiliency projects; and (C) set aside not more than 2 percent to cover costs relating to administration, research, training, and staff, including— (i) the detailing of employees from other Federal agencies; and (ii) the appointment of experts in the fields of infrastructure resiliency, climate science, clean energy, and energy efficiency. 4. Regulatory framework (a) Communications network resiliency framework (1) Establishment The Commission, in consultation with the Assistant Secretary, the Administrator of the Federal Emergency Management Agency, and the Director of the National Institute of Standards and Technology, shall issue rules under section 553 of title 5, United States Code, to establish a communications network resiliency framework to promote resiliency with respect to communications networks and communications infrastructure. (2) Objectives The objectives of the framework established under paragraph (1) shall be the following: (A) To minimize the number of communications network outages. (B) To minimize the length of communications network outages. (C) To minimize the number of consumers affected by communications network outages. (D) To mitigate the reduction in communications network performance caused by communications network outages. (E) To encourage the adoption of equipment, policies, and procedures to prepare for communications network outages. (F) To promote the detection of, and response to, communications network outages in a timely manner. (G) To anticipate and prepare for long-term disruptions to communications networks that are caused by severe weather, natural disasters, or climate change. (H) To support and address the communications needs of first responders involved in detecting, managing, and responding to— (i) severe weather events, natural disasters, and climate change-related events; and (ii) communications network outages caused by the events described in clause (i). (3) Commission discretion In carrying out this subsection, the Commission may, after providing public notice and an opportunity to comment, establish minimum performance criteria or target goals with respect to the resiliency of communications networks and communications infrastructure. (b) Agency responsibilities (1) FCC responsibilities (A) Resiliency mapping feasibility report (i) In general The Commission shall— (I) in consultation with the Assistant Secretary and the Administrators of the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the Federal Emergency Management Agency, complete a study (and submit to Congress a report regarding) the feasibility of establishing and maintaining a map that shows projected risks to communications infrastructure as a result of events relating to severe weather, natural disasters, and climate change; and (II) include in the report required under subclause (I) recommendations regarding— (aa) which Federal agency, or combination of Federal agencies, is best equipped to conduct the mapping described in that subclause; (bb) how the mapping described in that subclause could— (AA) incorporate the information obtained from eligible entities under the program carried out under section 3; and (BB) be coordinated with, and connected to, other broadband mapping efforts of the Commission; and (cc) how to protect and secure any sensitive information relating to, or stemming from, the mapping described in that subclause. (ii) Authorization of appropriations There are authorized to be appropriated to the Commission such sums as may be necessary to carry out clause (i). (B) Technical assistance The Commission, in consultation with the Assistant Secretary, shall provide technical assistance and resources to— (i) any public or private domestic entity seeking to understand, with respect to a communications network (or communications infrastructure) provided, operated, or owned by that entity, the vulnerability or susceptibility of the network or infrastructure with respect to severe weather, natural disasters, or climate change; and (ii) any State or local government seeking to understand the vulnerability or susceptibility with respect to severe weather, natural disasters, or climate change of a communications network that— (I) is located within the jurisdiction of that government; and (II) is not operated by that government. (C) NORS After providing public notice and an opportunity to comment, the Commission shall update the Network Outage Reporting System to include a broadband network outage as a required reporting incident. (2) NTIA responsibilities (A) Energy and efficiency best practices (i) In general The Assistant Secretary, in consultation with other Federal agencies (including the Commission, the Department of Energy, the Environmental Protection Agency, and the Federal Energy Regulatory Commission), and after obtaining input from communications service providers and other interested members of the public, shall make available on a publicly available website a list of best practices for public and private partners to operate energy efficient and carbon-neutral communications infrastructure. (ii) Contents The list of best practices described in clause (i) may include— (I) suggested technical standards for improving energy efficiency with respect to the use and transmission of electronic data, including the implementation of more efficient compression and transmission algorithms and signal types; (II) renewable energy sourcing guidelines; and (III) guidelines for internet service providers to report to consumers the energy consumption of those consumers alongside the data use of those consumers. (B) Reporting Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Assistant Secretary, in consultation with the Commission, the Administrator of the Federal Emergency Management Agency, and the Administrator of the Environmental Protection Agency, and after providing public notice and an opportunity to comment, shall submit to Congress, and make available on a publicly available website, a report that, at a minimum— (i) contains data demonstrating, for the year covered by the report and the year preceding the year covered by the report— (I) the number of communications network outages that are attributable to severe weather, natural disasters, and climate change-related events (and the number of consumers affected by those communications network outages); (II) any shifts in the energy consumption patterns of communications networks and communications infrastructure; and (III) any reduction in greenhouse gas emissions from communications networks and communications infrastructure; and (ii) provides the most up-to-date projected risks to communications infrastructure because of severe weather, natural disasters, and climate change-related events. (3) Department of Energy Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the Energy Information Administration, the Administrator of the Environmental Protection Agency, and the Federal Energy Regulatory Commission, shall submit to Congress a report that— (A) indicates the projected growth of electrical consumption by data centers in the United States; and (B) includes recommendations for implementing energy efficiency standards for data centers that would— (i) limit the growth described in subparagraph (A) to the greatest extent practicable without— (I) reducing the rate of broadband adoption and usage in the United States; or (II) limiting the development of new and improved technologies or services; and (ii) encourage the rapid adoption of renewable energy sources. | https://www.govinfo.gov/content/pkg/BILLS-117s1506is/xml/BILLS-117s1506is.xml |
117-s-1507 | II 117th CONGRESS 1st Session S. 1507 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Durbin introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency to promulgate certain limitations with respect to pre-production plastic pellet pollution, and for other purposes.
1. Short title This Act may be cited the Plastic Pellet Free Waters Act . 2. Effluent limitations for wastewater, spills, and runoff from plastic polymer production facilities, plastic molding and forming facilities, and other point sources associated with the transport and packaging of plastic pellets or other pre-production plastic materials Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall promulgate a final rule to ensure that— (1) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from facilities regulated under part 414 or 463 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is prohibited; (2) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from a point source (as defined in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362)) that makes, uses, packages, or transports those plastic pellets and other pre-production plastic materials is prohibited; and (3) the requirements under paragraphs (1) and (2) are reflected in— (A) all wastewater, stormwater, and other permits issued by the Administrator and State-delegated programs under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) to facilities and other point sources (as defined in section 502 of that Act (33 U.S.C. 1362)) that make, use, package, or transport plastic pellets or other pre-production plastic materials, as determined by the Administrator, in addition to other applicable limits and standards; and (B) all standards of performance promulgated under section 312(p) of the Federal Water Pollution Control Act (33 U.S.C. 1322(p)) that are applicable to point sources (as defined in section 502 of that Act (33 U.S.C. 1362)) that make, use, package, or transport plastic pellets or other pre-production plastic materials, as determined by the Administrator. | https://www.govinfo.gov/content/pkg/BILLS-117s1507is/xml/BILLS-117s1507is.xml |
117-s-1508 | II 117th CONGRESS 1st Session S. 1508 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Marshall (for himself, Ms. Smith , and Mr. Cassidy ) 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 use of emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices, and for other purposes.
1. Using emergency use authorization data and real world evidence gathered during an emergency to support premarket applications for drugs, biological products, and devices (a) In general Data generated to support an authorization under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) with respect to a drug, biological product, or device, and real world evidence relating to such drug, biological product, or device used pursuant to such authorization, may constitute valid scientific evidence, and shall be considered for purposes of— (1) reviewing submissions pursuant to section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) and section 351 of the Public Health Service Act ( 42 U.S.C. 262 ); (2) reviewing submissions pursuant to sections 510(k), 513(f), and 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 21 U.S.C. 360(k), 360c(f), or 360e); and (3) otherwise meeting the requirements of such Act and such section 351 of the Public Health Service Act. (b) Applicability of certain categorizations for premarket device review In the case of a device receiving an authorization under section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) for which the Secretary has determined, in accordance with subsection (m) of such section, that a laboratory examination or procedure associated with such device is deemed to be in the category of examinations and procedures described in section 353(d)(3) of the Public Health Service Act ( 42 U.S.C. 262 ), such determination shall apply with regard to a submission pursuant to section 510(k), 513(f), or 515 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 21 U.S.C. 360(k), 360c(f), or 360e) for such device, unless the Secretary (taking into account any applicable conditions specified pursuant to subsection (m)(2) of section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 )) identifies new information not included in the request for authorization that indicates that the criteria under section 353(d)(3) of the Public Health Service Act ( 42 U.S.C. 262 ) are not met. (c) Rule of construction Nothing in this section shall be construed as altering the review standards or otherwise affecting the requirements under section 505, 510(k), 513(f), or 515 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 21 U.S.C. 355 , 360(k), 360c(f), or 360e) or under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) for the clearance or approval of a device, approval of a drug, or licensure of a biological product. | https://www.govinfo.gov/content/pkg/BILLS-117s1508is/xml/BILLS-117s1508is.xml |
117-s-1509 | II 117th CONGRESS 1st Session S. 1509 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To expand access to capital in underserved markets by providing resources for the Small Business Administration to approve additional Non-Federally Regulated Lenders to make business loans guaranteed by the Small Business Administration to small business concerns in low-income and moderate-income neighborhoods.
1. Short title This Act may be cited as the Fair Access to Small Business Lending Act . 2. Fair access to small business lending Section 7(a)(17) of the Small Business Act ( 15 U.S.C. 636(a)(17) ) is amended— (1) by striking (17) The Administration and inserting the following: (17) Authorization of lenders (A) In general The Administration ; and (2) by adding at the end the following: (B) Access to capital for underserved markets (i) Definitions In this subparagraph— (I) the term covered Non-Federally Regulated Lender means a Non-Federally Regulated Lender (as defined in section 120.10 of title 13, Code of Federal Regulations, or any successor thereto) that— (aa) has not been approved to make loans guaranteed under this subsection; and (bb) meets the applicable criteria for authorizing lenders to make loans guaranteed under this subsection; and (II) the term low or moderate-income neighborhood means a neighborhood that is a low-income neighborhood or a moderate-income neighborhood, for the purposes of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2901 et seq.). (ii) Initiative (I) In general The Administrator, acting through the Office of Credit Risk Management, shall carry out an initiative to authorize covered Non-Federally Regulated Lenders to make loans guaranteed under this subsection that is targeted to expanding the availability of loans guaranteed under this subsection to small business concerns that are located in a low or moderate-income neighborhood. (II) Authority Under the initiative under subclause (I), the Administrator may not approve a covered Non-Federally Regulated Lender to only be eligible to make loans guaranteed under the Community Advantage Pilot Program of the Administration. (III) Lenders A covered Non-Federally Regulated Lender that becomes authorized to make loans guaranteed under this subsection under the initiative under subclause (I) shall ensure that not less than 50 percent of the loans made by the covered Non-Federally Regulated Lender that are guaranteed under this subsection are made to small business concerns that are located in a low or moderate-income neighborhood. (iii) Funding For fiscal year 2021, and each fiscal year thereafter, there is appropriated to the Administrator, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to carry out the initiative under clause (ii). . | https://www.govinfo.gov/content/pkg/BILLS-117s1509is/xml/BILLS-117s1509is.xml |
117-s-1510 | II 117th CONGRESS 1st Session S. 1510 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Peters (for himself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a task force to identify potential countervailable subsidies, dumping, and circumvention with respect to trade.
1. Short title This Act may be cited as the Self-Initiation Trade Enforcement Act of 2021 . 2. Task force to identify potential countervailable subsidies, dumping, and circumvention (a) In general There is established, in the administering authority, a task force to be responsible for— (1) conducting research to— (A) identify potential countervailable subsidies and dumping that may be causing material injury or threatening to cause material injury to an industry in the United States; and (B) identify potential circumvention of existing antidumping or countervailing duty orders; and (2) making recommendations, where appropriate, to the Under Secretary of Commerce for International Trade with respect to initiating investigations under sections 702(a) and 732(a) of the Tariff Act of 1930 ( 19 U.S.C. 1671a(a) and 1673a(a)) and circumvention inquires under section 781 of that Act ( 19 U.S.C. 1677j ). (b) Duties In carrying out the responsibilities of the task force under subsection (a), the task force shall— (1) monitor trade flows, government and industry data, price fluctuations, domestic industry and market conditions, and other relevant available information to identify potential countervailable subsidies, dumping, or circumvention of existing antidumping or countervailing duty orders; (2) conduct background research on— (A) production capabilities and pricing practices of foreign companies; (B) foreign government subsidies; and (C) other relevant information available to the task force; (3) consult with, or solicit information from, the United States International Trade Commission, U.S. Customs and Border Protection, and such other Federal agencies as the task force considers appropriate; and (4) prioritize cases that affect small and medium-sized businesses in the United States. (c) Consultations In carrying out the responsibilities of the task force under subsection (a), the task force shall consult with industries in the United States with respect to potential countervailable subsidies, dumping, and circumvention. (d) Nondisclosure of certain information The administering authority shall not disclose information with regard to the activities of the task force under this section unless and until a determination is made to initiate an investigation under section 702(a) or 732(a) of the Tariff Act of 1930 ( 19 U.S.C. 1671a(a) and 1673a(a)) or a circumvention inquiry under section 781 of that Act ( 19 U.S.C. 1677j ), as the case may be. (e) Definitions In this section, the terms administering authority , countervailable subsidy , dumping , industry , and material injury have the meanings given those terms in section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1510is/xml/BILLS-117s1510is.xml |
117-s-1511 | II 117th CONGRESS 1st Session S. 1511 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Grassley (for himself, Mrs. Gillibrand , Mrs. Blackburn , Mr. Whitehouse , Mr. Crapo , Ms. Klobuchar , Mr. Daines , Mr. Tillis , Mr. Tester , Ms. Hirono , and Mr. Blumenthal ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 with respect to payments to certain public safety officers who have become permanently and totally disabled as a result of personal injuries sustained in the line of duty, and for other purposes.
1. Short title This Act may be cited as the Protecting America’s First Responders Act of 2021 . 2. Payment of death and disability benefits under Public Safety Officers’ Death Benefits Program Section 1201 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281 ) is amended— (1) in subsection (a), by striking the Bureau shall pay a benefit of $250,000, adjusted in accordance with subsection (h) and inserting a benefit of $250,000, adjusted in accordance with subsection (h), and calculated in accordance with subsection (i), shall be payable by the Bureau ; (2) in subsection (b)— (A) by striking the Bureau shall pay the same benefit and inserting a benefit shall be payable ; (B) by striking that is payable under subsection (a) with respect to the date on which the catastrophic injury occurred, and inserting in the same amount that would be payable, as of the date such injury was sustained (including ; (C) by inserting , and calculated in accordance with subsection (i)), if such determination were a determination under subsection (a) before : Provided , That ; and (D) by striking necessary: and all that follows and inserting necessary. ; (3) in subsection (c), by striking $3,000 and inserting $6,000, adjusted in accordance with subsection (h), ; (4) in subsection (h), by striking subsection (a) and inserting subsections (a) and (b) and the level of the interim benefit payable immediately before such October 1 under subsection (c) ; (5) by striking subsection (i) and inserting the following: (i) The amount payable under subsections (a) and (b), with respect to the death or permanent and total disability of a public safety officer, shall be the greater of— (1) the amount payable under the relevant subsection as of the date of death or of the catastrophic injury of the public safety officer; or (2) in any case in which the claim filed thereunder has been pending for more than 365 days at the time of final determination by the Bureau, the amount that would be payable under the relevant subsection if the death or the catastrophic injury of the public safety officer had occurred on the date on which the Bureau makes such final determination. ; and (6) in subsection (m), by inserting , (b), after subsection (a) . 3. Definitions with respect to Public Safety Officers’ Death Benefits Program Section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), (7), (8), and (9) as paragraphs (4), (5), (6), (7), (8), (9), (10), (13), and (14), respectively; (2) by striking paragraph (4), as so redesignated, and inserting: (4) ‘catastrophic injury’ means an injury, the direct and proximate result of which is to permanently render an individual functionally incapable (including through a directly and proximately resulting neurocognitive disorder), based on the state of medicine on the date on which the claim is determined by the Bureau, of performing work, including sedentary work: Provided , That, if it appears that a claimant may be functionally capable of performing work— (A) the Bureau shall disregard work where any compensation provided is de minimis, nominal, honorary, or mere reimbursement of incidental expenses, such as— (i) work that involves ordinary or simple tasks, that because of the claimed disability, the claimant cannot perform without significantly more supervision, accommodation, or assistance than is typically provided to an individual without the claimed disability doing similar work; (ii) work that involves minimal duties that make few or no demands on the claimant and are of little or no economic value to the employer; or (iii) work that is performed primarily for therapeutic purposes and aids the claimant in the physical or mental recovery from the claimed disability; and (B) the claimant shall be presumed, absent clear and convincing medical evidence to the contrary as determined by the Bureau, to be functionally incapable of performing such work if the direct and proximate result of the injury renders the claimant— (i) blind; (ii) parapalegic; or (iii) quadriplegic; ; (3) in paragraph (6), as so redesignated, by striking at the time of the public safety officer’s fatal or catastrophic injury and inserting at the time of the public safety officer’s death or fatal injury (in connection with any claim predicated upon such death or injury) or the date of the public safety officer’s catastrophic injury or of the final determination by the Bureau of any claim predicated upon such catastrophic injury ; (4) in paragraph (7), as so redesignated, by inserting , including an individual who, as such a member, engages in scene security or traffic management as the primary or only duty of the individual during emergency response before the semicolon; (5) in paragraph (9), as so redesignated by striking delinquency)., and inserting delinquency), ; (6) in paragraph (13), as so redesignated, by inserting , and includes (as may be prescribed by regulation hereunder) a legally organized volunteer fire department that is a nonprofit entity and provides services without regard to any particular relationship (such as a subscription) a member of the public may have with such a department before the semicolon; (7) in paragraph (14), as so redesignated,— (A) by striking subparagraph (A) and inserting: (A) an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, as a firefighter, or as a chaplain: Provided, That (notwithstanding section 1205(b)(2) or (3)) the Bureau shall, absent clear and convincing evidence to the contrary as determined by the Bureau, deem the actions outside of jurisdiction taken by any such law enforcement officer or firefighter, to have been taken while serving such public agency in such capacity, in any case in which the principal legal officer of such public agency, and the head of such agency, together, certify that such actions— (i) were not unreasonable; (ii) would have been within the authority and line of duty of such law enforcement officer or such firefighter to take, had they been taken in a jurisdiction where such law enforcement officer or firefighter was authorized to act, in the ordinary course, in an official capacity; and (iii) would have resulted in the payment of full line-of-duty death or disability benefits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such public agency, as of the date the actions were taken; ; (B) by redesignating subparagraphs (B), (C), (D), and (E) as subparagraphs (C), (D), (E), and (F), respectively; (C) by inserting after subparagraph (A), the following new subparagraph: (B) a candidate officer who is engaging in an activity or exercise that itself is a formal or required part of the program in which the candidate officer is enrolled or admitted, as provided in this section; ; and (D) by striking subparagraph (E), as so redesignated, and inserting the following: (E) a member of a rescue squad or ambulance crew who, as authorized or licensed by law and by the applicable agency or entity, is engaging in rescue activity or in the provision of emergency medical services: Provided , That (notwithstanding section 1205(b)(2) or (3)) the Bureau shall, absent clear and convincing evidence to the contrary as determined by the Bureau, deem the actions outside of jurisdiction taken by any such member to have been thus authorized or licensed, in any case in which the principal legal officer of such agency or entity, and the head of such agency or entity, together, certify that such actions— (i) were not unreasonable; (ii) would have been within the authority and line of duty of such member to take, had they been taken in a jurisdiction where such member was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course; and (iii) would have resulted in the payment of full line-of-duty death or disability benefits (as applicable), if any such benefits typically were payable by (or with respect to or on behalf of) such applicable agency or entity, as of the date the action was taken; ; (8) by inserting before paragraph (4), as so redesignated, the following new paragraphs: (1) ‘action outside of jurisdiction’ means an action, not in the course of any compensated employment involving either the performance of public safety activity or the provision of security services, by a law enforcement officer, firefighter, or member of a rescue squad or ambulance crew that— (A) was taken in a jurisdiction where— (i) the law enforcement officer or firefighter then was not authorized to act, in the ordinary course, in an official capacity; or (ii) the member of a rescue squad or ambulance crew then was not authorized or licensed to act, in the ordinary course, by law or by the applicable agency or entity; (B) then would have been within the authority and line of duty of— (i) a law enforcement officer or a firefighter to take, who was authorized to act, in the ordinary course, in an official capacity, in the jurisdiction where the action was taken; or (ii) a member of a rescue squad or ambulance crew to take, who was authorized or licensed by law and by a pertinent agency or entity to act, in the ordinary course, in the jurisdiction where the action was taken; and (C) was, in an emergency situation that presented an imminent and significant danger or threat to human life or of serious bodily harm to any individual, taken— (i) by a law enforcement officer— (I) to prevent, halt, or respond to the immediate consequences of a crime (including an incident of juvenile delinquency); or (II) while engaging in a rescue activity or in the provision of emergency medical services; (ii) by a firefighter— (I) while engaging in fire suppression; or (II) while engaging in a rescue activity or in the provision of emergency medical services; or (iii) by a member of a rescue squad or ambulance crew, while engaging in a rescue activity or in the provision of emergency medical services; (2) ‘candidate officer’ means an individual who is enrolled or admitted, as a cadet or trainee, in a formal and officially established program of instruction or of training (such as a police or fire academy) that is specifically intended to result upon completion, in the— (A) commissioning of such individual as a law enforcement officer; (B) conferral upon such individual of official authority to engage in fire suppression (as an officer or employee of a public fire department or as an officially recognized or designated member of a legally organized volunteer fire department); or (C) granting to such individual official authorization or license to engage in a rescue activity, or in the provision of emergency medical services, as a member of a rescue squad, or as a member of an ambulance crew that is (or is a part of) the agency or entity that is sponsoring the individual’s enrollment or admission; (3) ‘blind’ means an individual who has central visual acuity of 20/200 or less in the better eye with the use of a correcting lens or whose eye is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees; ; and (9) in the matter following paragraph (10), as so redesignated, by inserting the following new paragraphs: (11) ‘neurocognitive disorder’ means a disorder that is characterized by a clinically significant decline in cognitive functioning and may include symptoms and signs such as disturbances in memory, executive functioning (that is, higher-level cognitive processes, such as, regulating attention, planning, inhibiting responses, decision-making), visual-spatial functioning, language, speech, perception, insight, judgment, or an insensitivity to social standards; and (12) ‘sedentary work’ means work that— (A) involves lifting articles weighing no more than 10 pounds at a time or occasionally lifting or carrying articles such as docket files, ledgers, or small tools; and (B) despite involving sitting on a regular basis, may require walking or standing on an occasional basis. . 4. Due diligence in paying benefit claims under Public Safety Officers’ Death Benefits Program Section 1206(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10288(b) ) is amended by striking “the Bureau may not” and all that follows and inserting the following: “the Bureau— (1) may use available investigative tools, including subpoenas, to— (A) adjudicate or to expedite the processing of the benefit claim, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of such claim; and (B) obtain information or documentation from third parties, including public agencies, if the Bureau deems such use to be necessary to adjudicate or conducive to expediting the adjudication of a claim; and (2) may not abandon the benefit claim unless the Bureau has used investigative tools, including subpoenas, to obtain the information or documentation deemed necessary to adjudicate such claim by the Bureau under subparagraph (1)(B). . 5. Educational assistance to dependents of certain public safety officers Section 1216(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10306(b) ) is amended, in the first sentence, by striking may and inserting shall (unless prospective assistance has been provided) . 6. Technical correction Section 1205(e)(3)(B) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10285(e)(3)(B) ) is amended by striking subparagraph (B)(ix) and inserting subparagraph (I) . 7. Subpoena power Section 806 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10225 ) is amended— (1) by inserting Attorney General, the before the Bureau of Justice Assistance ; (2) by striking may appoint and inserting may appoint (to be assigned or employed on an interim or as-needed basis) such hearing examiners (who shall, if so designated by the Attorney General, be understood to be comprised within the meaning of “special government employee” under section 202 of title 18, United States Code) ; (3) by striking under this chapter. The and inserting or other law. The Attorney General, the ; and (4) by inserting conduct examinations after examine witnesses, . 8. Effective date; applicability (a) In general Except as otherwise provided in this section, the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Applicability (1) Certain injuries The amendments made to paragraphs (2) and (7) of section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ) shall apply with respect to injuries occurring on or after January 1, 2008. (2) Matters pending Except as provided in paragraph (1), the amendments made by this Act shall apply to any matter pending, before the Bureau or otherwise, on the date of enactment of this Act, or filed (consistent with pre-existing effective dates) or accruing after that date. (c) Effective date for WTC responders (1) Certain new claims Not later than two years after the effective date of this Act, a WTC responder may file a claim, under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(b) ), that is predicated on a personal injury sustained in the line of duty by such responder as a result of the September 11, 2001, attacks, where— (A) no claim under such section 1201(b) so predicated has previously been filed; or (B) a claim under such section 1201(b) so predicated had previously been denied, in a final agency determination, on the basis (in whole or in part) that the claimant was not totally disabled. (2) Claims for a deceased WTC responder Not later than two years after the effective date of this Act, a claim may be filed, constructively under section 1201(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(a) ), where a WTC responder who otherwise could have filed a claim pursuant to paragraph (1) has died before such effective date (or dies not later than 365 days after such effective date), or where a WTC responder has filed such a claim but dies while it is pending before the Bureau: Provided , That— (A) no claim under such section 1201(a) otherwise shall have been filed, or determined, in a final agency determination; and (B) if it is determined, in a final agency determination, that a claim under such paragraph (1) would have been payable had the WTC responder not died, then the WTC responder shall irrebutably be presumed (solely for purposes of determining to whom benefits otherwise pursuant to such paragraph (1) may be payable under the claim filed constructively under such section 1201(a)) to have died as the direct and proximate result of the injury on which the claim under such paragraph (1) would have been predicated. (3) Difference in benefit pay In the event that a claim under section 1201(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10281(b) ) and predicated on an injury sustained in the line of duty by a WTC responder as a result of the September 11, 2001, attacks was approved, in a final agency determination, before the effective date of this Act, the Bureau shall, upon application filed (not later than three years after such effective date of this Act) by the payee (or payees) indicated in subparagraphs (A) or (B), pay a bonus in the amount of the difference (if any) between the amount that was paid pursuant to such determination and the amount that would have been payable had the amendments made by this Act, other than those indicated in subsection (b)(1), been in effect on the date of such determination— (A) to the WTC responder, if living on the date the application is determined, in a final agency determination; or (B) if the WTC responder is not living on the date indicated in subparagraph (A), to the individual (or individuals), if living on such date, to whom benefits would have been payable on such date under section 1201(a) of such title I ( 34 U.S.C. 10281(a) ) had the application been, instead, a claim under such section 1201(a). (4) Special limited rule of construction A claim filed pursuant to paragraph (1) or (2) shall be determined as though the date of catastrophic injury of the public safety officer were the date of enactment of this Act, for purposes of determining the amount that may be payable. | https://www.govinfo.gov/content/pkg/BILLS-117s1511is/xml/BILLS-117s1511is.xml |
117-s-1512 | II 117th CONGRESS 1st Session S. 1512 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mr. Schatz (for himself, Mr. Wicker , Mr. Cardin , Mr. Thune , Mr. Warner , Mrs. Hyde-Smith , Mr. Tester , Mr. Portman , Mr. Heinrich , Ms. Murkowski , Mr. Whitehouse , Mr. Daines , Mr. Murphy , Mr. Scott of South Carolina , Mr. King , Mr. Tillis , Mr. Carper , Mr. Cramer , Ms. Smith , Mr. Sasse , Mr. Van Hollen , Ms. Collins , Ms. Hassan , Mr. Barrasso , Mrs. Shaheen , Mr. Boozman , Ms. Klobuchar , Mrs. Capito , Mr. Blumenthal , Mr. Inhofe , Mr. Kaine , Mr. Cotton , Mr. Leahy , Ms. Ernst , Ms. Sinema , Mr. Moran , Mr. Sanders , Mr. Sullivan , Mr. Coons , Mr. Hoeven , Mr. Warnock , Mr. Blunt , Mr. Bennet , Mr. Rubio , Mr. Kelly , Mr. Lankford , Mr. Booker , Mr. Graham , Ms. Rosen , and Mr. Cassidy ) 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 expand access to telehealth services, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Creating Opportunities Now for Necessary and Effective Care Technologies (CONNECT) for Health Act of 2021 or the CONNECT for Health Act of 2021 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and sense of Congress. TITLE I—Removing barriers to telehealth coverage Sec. 101. Expanding the use of telehealth through the waiver of requirements. Sec. 102. Removing geographic requirements for telehealth services. Sec. 103. Expanding originating sites. Sec. 104. Use of telehealth in emergency medical care. Sec. 105. Improvements to the process for adding telehealth services. Sec. 106. Federally qualified health centers and rural health clinics. Sec. 107. Native American health facilities. Sec. 108. Waiver of telehealth requirements during public health emergencies. Sec. 109. Use of telehealth in recertification for hospice care. TITLE II—Program integrity Sec. 201. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries. Sec. 202. Additional resources for telehealth oversight. Sec. 203. Provider and beneficiary education on telehealth. TITLE III—Data and testing of models Sec. 301. Study on telehealth utilization during the COVID–19 pandemic. Sec. 302. Analysis of telehealth waivers in alternative payment models. Sec. 303. Model to allow additional health professionals to furnish telehealth services. Sec. 304. Testing of models to examine the use of telehealth under the Medicare program. 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) The use of technology in health care and coverage of telehealth services are rapidly evolving. (2) Research has found that telehealth services can expand access to care, improve the quality of care, and reduce spending, and that patients receiving telehealth services are satisfied with their experiences. (3) Health care workforce shortages are a significant problem in many areas and for many types of health care clinicians. (4) Telehealth increases access to care in areas with workforce shortages and for individuals who live far away from health care facilities, have limited mobility or transportation, or have other barriers to accessing care. (5) The use of health technologies can strengthen the expertise of the health care workforce, including by connecting clinicians to specialty consultations. (6) Prior to the COVID–19 pandemic, the utilization of telehealth services in the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) was low, with only 0.25 percent of Medicare fee-for-service beneficiaries utilizing telehealth services in 2016. (7) The COVID–19 pandemic demonstrated additional benefits of telehealth, including reducing infection risk of patients and health care professionals and conserving space in health care facilities, and the Centers for Disease Control and Prevention recommended that telehealth services should be optimized, when available and appropriate, during the pandemic. (8) Long-term certainty about coverage of telehealth services under the Medicare program is necessary to fully realize the benefits of telehealth. (b) Sense of Congress It is the sense of Congress that— (1) health care providers can furnish safe, effective, and high-quality health care services through telehealth; (2) the Secretary of Health and Human Services should promptly take all necessary measures to ensure that providers and beneficiaries can continue to furnish and utilize, respectively, telehealth services in the Medicare program during and after the conclusion of the COVID–19 pandemic, including modifying, as appropriate, the definition of interactive telecommunications system in regulations and program instruction under the Medicare program to ensure that providers can utilize all appropriate means and types of technology, including audio-visual, audio-only, and other types of technologies, to furnish telehealth services; and (3) barriers to the use of telehealth should be removed. I Removing barriers to telehealth coverage 101. Expanding the use of telehealth through the waiver of requirements (a) In general Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in paragraph (4)(C)(i), by striking and (7) and inserting (7), and (9) ; and (2) by adding at the end the following: (9) Authority to waive requirements and limitations (A) In general Notwithstanding the preceding provisions of this subsection, in the case of telehealth services furnished on or after January 1, 2022, the Secretary may waive any requirement described in subparagraph (B) that is applicable to payment for telehealth services under this subsection, but only if the Secretary determines that such waiver would not adversely impact quality of care. (B) Requirements described For purposes of this paragraph, requirements applicable to payment for telehealth services under this subsection are— (i) requirements relating to qualifications for an originating site under paragraph (4)(C)(ii); (ii) any geographic requirement under paragraph (4)(C)(i) (other than applicable State law requirements, including State licensure requirements); (iii) any limitation on the type of technology used to furnish telehealth services; (iv) any limitation on the types of practitioners who are eligible to furnish telehealth services (other than the requirement that the practitioner is enrolled under this title); (v) any limitation on specific services designated as telehealth services pursuant to this subsection (provided the Secretary determines that such services are clinically appropriate to furnish remotely); or (vi) any other limitation relating to the furnishing of telehealth services under this title identified by the Secretary. (C) Waiver implementation In implementing a waiver under this paragraph, the Secretary may establish parameters, as appropriate, for telehealth services under such waiver, including with respect to payment of a facility fee for originating sites and beneficiary and program integrity protections. (D) Public comment The Secretary shall establish a process by which stakeholders may (on at least an annual basis) provide public comment on waivers under this paragraph. (E) Periodic review of waivers The Secretary shall periodically, but not more often than every 3 years, reassess each waiver under this paragraph to determine whether the waiver continues to meet the quality of care condition applicable under subparagraph (A). The Secretary shall terminate any waiver that does not continue to meet such condition. . (b) Posting of information Not later than 2 years after the date on which a waiver under section 1834(m)(9) of the Social Security Act, as added by subsection (a), first becomes effective, and at least every 2 years thereafter, the Secretary of Health and Human Services shall post on the Internet website of the Centers for Medicare & Medicaid Services— (1) the number of Medicare beneficiaries receiving telehealth services by reason of each waiver under such section; (2) the impact of such waivers on expenditures and utilization under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.); and (3) other outcomes, as determined appropriate by the Secretary. 102. Removing geographic requirements for telehealth services Section 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ), as amended by section 101, is amended— (1) in clause (i), in the matter preceding subclause (I), by inserting and clause (iii) after and (9) ; and (2) by adding at the end the following new clause: (iii) Removal of geographic requirements The geographic requirements described in clause (i) shall not apply with respect to telehealth services furnished on or after the date of the enactment of this clause. . 103. Expanding originating sites (a) Expanding the home as an originating site Section 1834(m)(4)(C)(ii)(X) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(ii)(X) ) is amended to read as follows: (X) (aa) Prior to the date of enactment of the CONNECT for Health Act of 2021 , the home of an individual but only for purposes of section 1881(b)(3)(B) or telehealth services described in paragraph (7). (bb) On or after such date of enactment, the home of an individual. . (b) Allowing additional originating sites Section 1834(m)(4)(C)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(ii) ) is amended by adding at the end the following new subclause: (XII) Any other site determined appropriate by the Secretary at which an eligible telehealth individual is located at the time a telehealth service is furnished via a telecommunications system. . (c) Parameters for new originating sites Section 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ), as amended by section 102, is amended by adding at the end the following new clause: (iv) Requirements for new sites (I) In general The Secretary may establish requirements for the furnishing of telehealth services at sites described in clause (ii)(XII) to provide for beneficiary and program integrity protections. (II) Clarification Nothing in this clause shall be construed to preclude the Secretary from establishing requirements for other originating sites described in clause (ii) . (d) No originating site facility fee for new sites Section 1834(m)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B)(ii) ) is amended— (1) in the heading, by striking if originating site is the home and inserting for certain sites ; and (2) by striking paragraph (4)(C)(ii)(X) and inserting subclause (X) or (XII) of paragraph (4)(C) . 104. Use of telehealth in emergency medical care (a) In general Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ), as amended by sections 101 and 102, is amended— (1) in paragraph (4)(C)(i), by striking and (9) and inserting (9), and (10) ; and (2) by adding at the end the following: (10) Treatment of emergency medical care furnished through telehealth The geographic requirements described in paragraph (4)(C)(i) (other than applicable State law requirements, including State licensure requirements) shall not apply with respect to telehealth services that are services for emergency medical care (as determined by the Secretary) furnished on or after January 1, 2022, to an eligible telehealth individual. . (b) Additional services As part of the implementation of the amendments made by this section, the Secretary of Health and Human Services shall consider whether additional services should be added to the services specified in paragraph (4)(F)(i) of section 1834(m) of such Act ( 42 U.S.C. 1395m )) for authorized payment under paragraph (1) of such section. 105. Improvements to the process for adding telehealth services (a) Review The Secretary shall undertake a review of the process established pursuant to section 1834(m)(4)(F)(ii) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F)(ii) ), and based on the results of such review— (1) implement revisions to the process so that the criteria to add services prioritizes, as appropriate, improved access to care through clinically appropriate telehealth services; and (2) provide clarification on what requests to add telehealth services under such process should include. (b) Temporary coverage of certain telehealth services Section 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) ) is amended by adding at the end the following new clause: (iii) Temporary coverage of certain telehealth services The Secretary may add services with a reasonable potential likelihood of clinical benefit and improved access to care when furnished via a telecommunications system (as determined by the Secretary) on a temporary basis to those specified in clause (i) for authorized payment under paragraph (1). . 106. Federally qualified health centers and rural health clinics Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ), as amended by sections 101, 102, and 104, is amended— (1) in paragraph (4)(C)(i), in the matter preceding subclause (I), by inserting , (8) after (7) ; and (2) in paragraph (8)— (A) in the paragraph heading by inserting and after after during ; (B) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting and after such emergency period after 1135(g)(1)(B) ; (ii) in clause (ii), by striking and at the end; (iii) by redesignating clause (iii) as clause (iv); and (iv) by inserting after clause (ii) the following new clause: (iii) the geographic requirements described in paragraph (4)(C)(i) shall not apply with respect to such a telehealth service; and ; and (C) by striking subparagraph (B) and inserting the following: (B) Payment (i) In general A telehealth service furnished by a Federally qualified health center or a rural health clinic to an individual pursuant to this paragraph on or after the date of the enactment of this subparagraph shall be deemed to be so furnished to such individual as an outpatient of such clinic or facility (as applicable) for purposes of paragraph (1) or (3), respectively, of section 1861(aa) and payable as a Federally qualified health center service or rural health clinic service (as applicable) under the prospective payment system established under section 1834(o) or under section 1833(a)(3), respectively. (ii) Treatment of costs for FQHC PPS calculations and RHC AIR calculations Costs associated with the delivery of telehealth services by a Federally qualified health center or rural health clinic serving as a distant site pursuant to this paragraph shall be considered allowable costs for purposes of the prospective payment system established under section 1834(o) and any payment methodologies developed under section 1833(a)(3), as applicable. . 107. Native American health facilities (a) In general Section 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ), as amended by sections 101, 102, and 103, is amended— (1) in clause (i), by striking clause (iii) and inserting clauses (iii) and (v) ; and (2) by adding at the end the following new clause: (v) Native American health facilities With respect to telehealth services furnished on or after January 1, 2022, the originating site requirements described in clauses (i) and (ii) shall not apply with respect to a facility of the Indian Health Service, whether operated by such Service, or by an Indian tribe (as that term is defined in section 4 of the Indian Health Care Improvement Act ( 25 U.S.C. 1603 )) or a tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )), or a facility of the Native Hawaiian health care systems authorized under the Native Hawaiian Health Care Improvement Act ( 42 U.S.C. 11701 et seq.). . (b) No originating site facility fee for Certain Native American facilities Section 1834(m)(2)(B)(i) of the Social Security Act ( 42 U.S.C. 1395m(m)(2)(B)(i) ) is amended, in the matter preceding subclause (I), by inserting (other than an originating site that is only described in clause (v) of paragraph (4)(C), and does not meet the requirement for an originating site under clauses (i) and (ii) of such paragraph) after the originating site . 108. Waiver of telehealth requirements during public health emergencies Section 1135(g)(1) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1) ) is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (2) by adding at the end the following new subparagraph: (C) Exception for waiver of telehealth requirements during public health emergencies For purposes of subsection (b)(8), in addition to the emergency period described in subparagraph (B), an emergency area is a geographical area in which, and an emergency period is the period during which, there exists a public health emergency declared by the Secretary pursuant to section 319 of the Public Health Service Act. . 109. Use of telehealth in recertification for hospice care (a) In general Section 1814(a)(7)(D)(i)(II) of the Social Security Act ( 42 U.S.C. 1395f(a)(7)(D)(i)(II) ) is amended by inserting and after such emergency period after 1135(g)(1)(B) . (b) GAO report Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress evaluating the impact of the amendment made by subsection (a) on— (1) the number and percentage of beneficiaries recertified for the Medicare hospice benefit at 180 days and for subsequent benefit periods; (2) the appropriateness for hospice care of the patients recertified through the use of telehealth; and (3) any other factors determined appropriate by the Comptroller General. II Program integrity 201. Clarification for fraud and abuse laws regarding technologies provided to beneficiaries Section 1128A(i)(6) of the Social Security Act (42 U.S.C. 1320a–7a(i)(6)) is amended— (1) in subparagraph (I), by striking ; or and inserting a semicolon; (2) in subparagraph (J), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new subparagraph: (K) the provision of technologies (as defined by the Secretary) on or after the date of the enactment of this subparagraph, by a provider of services or supplier (as such terms are defined for purposes of title XVIII) directly to an individual who is entitled to benefits under part A of title XVIII, enrolled under part B of such title, or both, for the purpose of furnishing telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary), if— (i) the technologies are not offered as part of any advertisement or solicitation; and (ii) the provision of the technologies meets any other requirements set forth in regulations promulgated by the Secretary. . 202. Additional resources for telehealth oversight In addition to amounts otherwise available, there are authorized to be appropriated to the Inspector General of the Department of Health and Human Services for each of fiscal years 2022 through 2026, out of any money in the Treasury not otherwise appropriated, $3,000,000, to remain available until expended, for purposes of conducting audits, investigations, and other oversight and enforcement activities with respect to telehealth services, remote patient monitoring services, or other services furnished through the use of technology (as defined by the Secretary). 203. Provider and beneficiary education on telehealth (a) Educational resources and training sessions (1) In general Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall develop and make available to beneficiaries and health care professionals educational resources and training sessions on requirements relating to the furnishing of telehealth services under section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) and topics including— (A) requirements for payment for telehealth services; (B) telehealth-specific health care privacy and security training; (C) utilizing telehealth services to engage and support underserved, high-risk, and vulnerable patient populations; and (D) other topics as determined appropriate by the Secretary. (2) Accounting for age and other differences Such resources and training sessions must account for age and sociodemographic, geographic, cultural, cognitive, and linguistic differences in how individuals interact with technology. (b) Quality improvement organizations The Secretary shall consider including technical assistance, education, and training on telehealth services as a required activity of the quality improvement organizations described in section 1862(g) of the Social Security Act. (c) Funding There are authorized to be appropriated such sums as necessary to carry out the activities described in sections (a) and (b). III Data and testing of models 301. Study on telehealth utilization during the COVID–19 pandemic (a) In general The Secretary shall collect and analyze qualitative and quantitative data on the impact of telehealth services, virtual check-ins, remote patient monitoring services, and other services furnished through the use of technology permitted by the waiver or modification of certain requirements under title XVIII of the Social Security Act (42 15 U.S.C. 1395 et seq.) and, as feasible, under title XIX of such Act ( 42 U.S.C. 1396 et seq.), and any regulations thereunder during the COVID–19 public health emergency, which may include the collection of data regarding— (1) health care utilization rates under such title XVIII and, as feasible, under such title XIX, including utilization— (A) in different types of areas; (B) by race, ethnicity, or income levels; and (C) of telehealth services furnished by different types of health care professionals; (2) health care quality, such as measured by hospital readmission rates, missed appointment rates, patient and provider satisfaction, or other appropriate measures; (3) health outcomes of individuals utilizing telehealth services; (4) audio-only telehealth utilization rates when video-based telehealth was not an option, including the types of services and the types of providers treating individuals using audio-only telehealth; (5) waivers of State licensure requirements; (6) the types of technologies utilized to deliver or receive telehealth care and utilization rates, disaggregated by type of technology (as applicable); (7) challenges for providers in furnishing telehealth services; (8) the investments necessary for providers to effectively provide telehealth services to their patients, including the costs of necessary technology and of training staff; and (9) any additional information determined appropriate by the Secretary. (b) Interim report to Congress Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives an interim report on the impact of telehealth based on the data collected and analyzed under subsection (a). For the purposes of the interim report, the Secretary may determine which data collected and analyzed under such subsection is most appropriate to complete such report. (c) Final report to Congress Not later than one year after the date of enactment of this Act, the Secretary shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives a final report on the impact of telehealth based on the data collected and analyzed under subsection (a) that includes— (1) conclusions regarding the impact of telehealth services on health care delivery during the COVID–19 public health emergency; and (2) an estimation of total spending on telehealth services under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.) and, as feasible, under title XIX of such Act ( 42 U.S.C. 1396 et seq.). (d) Stakeholder input For purposes of subsections (a), (b), and (c), the Secretary shall seek input from the Medicare Payment Advisory Commission, the Medicaid and CHIP Payment and Access Commission, and nongovernmental stakeholders, including patient organizations, providers, and experts in telehealth. (e) Funding There are authorized to be appropriated such sums as necessary to carry out this section. 302. Analysis of telehealth waivers in alternative payment models The second sentence of section 1115A(g) of the Social Security Act ( 42 U.S.C. 1315a(g) ) is amended by inserting an analysis of waivers (if applicable) under subsection (d)(1) related to telehealth and the impact on quality and spending under the applicable titles of such waivers, after subsection (c), . 303. Model to allow additional health professionals to furnish telehealth services Section 1115A(b)(2)(B) of the Social Security Act ( 42 U.S.C. 1315a(b)(2)(B) ) is amended by adding at the end the following new clause: (xxviii) Allowing health professionals, such as those described in section 1819(b)(5)(G) or section 1861(ll)(4)(B), who are enrolled under section 1866(j) and not otherwise eligible under section 1834(m) to furnish telehealth services to furnish such services. . 304. Testing of models to examine the use of telehealth under the Medicare program Section 1115A(b)(2) of the Social Security Act ( 42 U.S.C. 1315a(b)(2) ) is amended by adding at the end the following new subparagraph: (D) Testing models to examine use of telehealth under Medicare The Secretary shall consider testing under this subsection models to examine the use of telehealth under title XVIII. . | https://www.govinfo.gov/content/pkg/BILLS-117s1512is/xml/BILLS-117s1512is.xml |
117-s-1513 | II 117th CONGRESS 1st Session S. 1513 IN THE SENATE OF THE UNITED STATES April 29, 2021 Mrs. Gillibrand (for herself, Ms. Baldwin , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide incentives for businesses to keep jobs in America, and for other purposes.
1. Short title This Act may be cited as the End Outsourcing Act . 2. Outsourcing statement in worker adjustment and retraining notice (a) Outsourcing statement Section 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102 ) is amended by adding at the end the following: (e) Outsourcing statement (1) In general For purposes of subsection (a), the employer shall include an outsourcing statement in the notice described in that subsection. The outsourcing statement shall specify whether part or all of the positions held by affected employees covered by subsection (a) will be moved to a country outside the United States, regardless of whether the positions are moved within the business enterprise involved or to another business enterprise. The employer shall make the determination of whether the positions are being so moved in accordance with regulations issued by the Secretary. The employer shall serve the notice as required under subsection (a) and submit the notice to the Secretary of Labor. (2) List Not less often than annually, the Secretary shall publish and make available on the website of the Department of Labor, a list including each employer who— (A) has included an outsourcing statement in a notice under paragraph (1); or (B) has incurred liability under section 5, in part or in whole, because the employer ordered a plant closing or mass layoff without having served a notice that is required, under this section, to include an outsourcing statement. . (b) Implementation report The Worker Adjustment and Retraining Notification Act is amended by inserting after section 10 ( 29 U.S.C. 2109 ) the following: 10A. Implementation study (a) Study The Comptroller General of the United States shall conduct a study of the implementation of section 3(e) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2102(e) ) by the Department of Labor. (b) Report Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the appropriate committees of Congress a report containing the results of the study. . 3. Denial of deduction for outsourcing expenses (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Outsourcing expenses (a) In general No deduction otherwise allowable under this chapter shall be allowed for any specified outsourcing expense. (b) Specified outsourcing expense For purposes of this section— (1) In general The term specified outsourcing expense means— (A) any eligible expense paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within the United States, and (B) any eligible expense paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, if such establishment constitutes the relocation of the business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Eligible expenses The term eligible expenses means— (A) any amount for which a deduction is allowed to the taxpayer under section 162, and (B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. (3) Business unit The term business unit means— (A) any trade or business, and (B) any line of business, or functional unit, which is part of any trade or business. (4) Expanded affiliated group The term expanded affiliated group means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting more than 50 percent for at least 80 percent each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). (5) Operating expenses not taken into account Any amount paid or incurred in connection with the ongoing operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. (c) Special rules (1) Application to deductions for depreciation and amortization In the case of any portion of a specified outsourcing expense which is not deductible in the taxable year in which paid or incurred, such portion shall neither be chargeable to capital account nor amortizable. (2) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations which provide (or create a rebuttable presumption) that certain establishments of business units outside the United States will be treated as relocations (based on timing or such other factors as the Secretary may provide) of business units eliminated within the United States. . (b) Limitation on subpart F income of controlled foreign corporations determined without regard to specified outsourcing expenses Subsection (c) of section 952 of such Code is amended by adding at the end the following new paragraph: (4) Earnings and profits determined without regard to specified outsourcing expenses For purposes of this subsection, earnings and profits of any controlled foreign corporation shall be determined without regard to any specified outsourcing expense (as defined in section 280I(b)). . (c) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Outsourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. 4. Denial of certain deductions and accounting methods for outsourcing employers (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986, as amended by section 3, is amended by adding at the end the following new section: 280J. Limitations for outsourcing employers (a) In general During the disallowance period, an applicable taxpayer— (1) may not use the method provided in section 472(b) in inventorying goods, (2) may not use the lower of cost or market method of determining inventories for purposes of determining income, and (3) shall not be allowed any deduction under section 163 for interest paid or accrued on indebtedness. (b) Applicable taxpayer For purposes of subsection (a), the term applicable taxpayer means a taxpayer which— (1) during the taxable year, has served written notice under subsection (a) of section 3 of the Worker Adjustment and Retraining Notification Act which includes an outsourcing statement described in subsection (e) of such section, and (2) the cumulative employment loss (excluding any part-time employees) for positions at facilities owned by such taxpayer which will be moved to a country outside of the United States, as determined pursuant to any outsourcing statements served by such taxpayer during such taxable year, exceeds 50 employees. (c) Disallowance period For purposes of subsection (a), the disallowance period is the period of 3 taxable years after the taxable year in which the statements described in subsection (b)(2) are required to be served. (d) Expanded affiliated group treated as single taxpayer For purposes of this section, the members of an expanded affiliated group (as defined in section 280I(b)(4)) shall be treated as a single taxpayer. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986, as amended by section 3, is amended by adding at the end the following new item: Sec. 280J. Limitations for outsourcing employers. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 5. Authority for Federal agencies to take the outsourcing of jobs from the United States into account for grants, loans, and loan guarantees (a) Disclosure of outsourcing of jobs (1) In general The head of any Federal agency, or their delegate, shall require any entity that submits a request for an applicable agency action to disclose in the request if such entity, or any subsidiary of such entity, owns a facility for which there is an outsourcing event during the 3-year period ending on the date of the submission of the request. (2) Outsourcing event For purposes of paragraph (1), the term outsourcing event means a plant closing or mass layoff (as described in section 2(a) of the Worker Adjustment and Retraining Notification Act) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States, as determined pursuant to the outsourcing statement (as described in paragraph (1) of such section 3(e) of such Act), exceeds 50 employees. (b) Consideration authority (1) In general In considering a request by an entity for an applicable agency action, the head of any Federal agency, as well as any officers, employees, and contractors of such Agency, shall take into account any disclosure made pursuant to subsection (a) for purposes of such request. (2) Negative preference The head of any Federal agency shall establish a negative preference of not less than 10 percent of the scoring evaluation for any request for an applicable agency action by an entity that makes a disclosure pursuant to subsection (a). (c) Sense of Congress It is the sense of Congress that Federal agencies should, in considering requests by entities for any applicable agency action, exclude entities making a disclosure of an outsourcing event pursuant to subsection (a) on the grounds that the actions described in the disclosures are against the public interests of the United States. (d) Annual report The head of each Federal agency shall submit to Congress each year a report on the following: (1) The number of entities making a disclosure of an outsourcing event pursuant to subsection (a) in regards to a request for applicable agency action during the preceding year. (2) The number of requests for applicable agency action which were granted by the agency during the preceding year in which such disclosures were taken into account. (e) Applicable agency action For purposes of this section, the term applicable agency action means any grant, loan, or loan guarantee awarded or issued by a Federal agency. 6. Recapture of credits for outsourcing employers (a) In general 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 subpart: H Recapture of Credits for Outsourcing Employers Sec. 54. Recapture of credits for outsourcing employers. 54. Recapture of credits for outsourcing employers (a) In general Pursuant to regulations prescribed by the Secretary, in the case of a taxpayer which owns a facility for which there is an outsourcing event during the taxable year, the tax under this chapter for such taxable year shall be increased by the amount equal to the sum of— (1) any credits allowed under this chapter relating to expenses for design, construction, operation, or maintenance of such facility during the 5 taxable years preceding such taxable year, and (2) any grants provided by the Secretary in lieu of credits described in paragraph (1) during the 5 taxable years preceding such taxable year. (b) Outsourcing event For purposes of subsection (a), the term outsourcing event means a plant closing or mass layoff (as described in section 2(a) of the Worker Adjustment and Retraining Notification Act) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States, as determined pursuant to the outsourcing statement (as described in paragraph (1) of such section 3(e) of such Act) served by the taxpayer during the taxable year, exceeds 50 employees. (c) Expanded affiliated group treated as single taxpayer For purposes of this section, the members of an expanded affiliated group (as defined in section 280I(b)(4)) shall be treated as a single taxpayer. . (b) Clerical amendment The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Subpart H—Recapture of credits for outsourcing employers . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 7. Credit for insourcing expenses (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. Credit for insourcing expenses (a) In general For purposes of section 38, the insourcing expenses credit for any taxable year is an amount equal to 20 percent of the eligible insourcing expenses of the taxpayer which are taken into account in such taxable year under subsection (d). (b) Eligible insourcing expenses For purposes of this section— (1) In general The term eligible insourcing expenses means— (A) eligible expenses paid or incurred by the taxpayer in connection with the elimination of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located outside the United States, and (B) eligible expenses paid or incurred by the taxpayer in connection with the establishment of any business unit of the taxpayer (or of any member of any expanded affiliated group in which the taxpayer is also a member) located within— (i) a HUBZone (as defined in section 3(p)(2) of the Small Business Act ( 15 U.S.C. 632(p)(2) )), or (ii) a low-income community (as described in section 45D(e)), if such establishment constitutes the relocation of the business unit so eliminated. For purposes of the preceding sentence, a relocation shall not be treated as failing to occur merely because such elimination occurs in a different taxable year than such establishment. (2) Eligible expenses The term eligible expenses means— (A) any amount for which a deduction is allowed to the taxpayer under section 162, and (B) permit and license fees, lease brokerage fees, equipment installation costs, and, to the extent provided by the Secretary, other similar expenses. Such term does not include any compensation which is paid or incurred in connection with severance from employment and, to the extent provided by the Secretary, any similar amount. (3) Business unit The term business unit means— (A) any trade or business, and (B) any line of business, or functional unit, which is part of any trade or business. (4) Expanded affiliated group The term expanded affiliated group means an affiliated group as defined in section 1504(a), determined without regard to section 1504(b)(3) and by substituting more than 50 percent for at least 80 percent each place it appears in section 1504(a). A partnership or any other entity (other than a corporation) shall be treated as a member of an expanded affiliated group if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this paragraph). (5) Expenses must be pursuant to insourcing plan Amounts shall be taken into account under paragraph (1) only to the extent that such amounts are paid or incurred pursuant to a written plan to carry out the relocation described in paragraph (1). (6) Operating expenses not taken into account Any amount paid or incurred in connection with the on-going operation of a business unit shall not be treated as an amount paid or incurred in connection with the establishment or elimination of such business unit. (c) Increased domestic employment requirement No credit shall be allowed under this section unless the number of full-time equivalent employees of the taxpayer for the taxable year for which the credit is claimed exceeds the number of full-time equivalent employees of the taxpayer for the last taxable year ending before the first taxable year in which such eligible insourcing expenses were paid or incurred. For purposes of this subsection, full-time equivalent employees has the meaning given such term under section 45R(d) (and the applicable rules of section 45R(e)). All employers treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer for purposes of this subsection. (d) Credit allowed upon completion of insourcing plan (1) In general Except as provided in paragraph (2), eligible insourcing expenses shall be taken into account under subsection (a) in the taxable year during which the plan described in subsection (b)(5) has been completed and all eligible insourcing expenses pursuant to such plan have been paid or incurred. (2) Election to apply employment test and claim credit in first full taxable year after completion of plan If the taxpayer elects the application of this paragraph, eligible insourcing expenses shall be taken into account under subsection (a) in the first taxable year after the taxable year described in paragraph (1). (e) Possessions treated as part of the United States For purposes of this section, the term United States shall be treated as including each possession of the United States (including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands). (f) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section. . (b) Credit To be part of general business credit Subsection (b) of section 38 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 insourcing expenses 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 such Code is amended by adding at the end the following new item: Sec. 45U. Credit for insourcing expenses. . (d) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. (e) Application to United States possessions (1) Payments to possessions (A) Mirror code possessions The Secretary of the Treasury shall make periodic payments to each possession of the United States with a mirror code tax system in an amount equal to the loss to that possession by reason of section 45U of the Internal Revenue Code of 1986. Such amount 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 make annual payments to each possession of the United States which does not have a mirror code tax system in an amount 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 section 45U of such Code 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 payment 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 under section 45U of such Code to any person— (A) to whom a credit is allowed against taxes imposed by the possession by reason of such section, or (B) who is eligible for a payment under a plan described in paragraph (1)(B). (3) Definitions and special rules (A) Possessions of the United States For purposes of this section, the term possession of the United States includes the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands. (B) Mirror code tax system For purposes of this section, 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. (C) Treatment of payments For purposes of section 1324(b)(2) of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from sections referred to in such section 1324(b)(2). 8. Authority for Federal contracting officers to take the outsourcing of jobs from the United States into account in awarding contracts (a) Department of Defense and related agency contracts (1) Consideration of outsourcing (A) In general Chapter 222 of title 10, United States Code, as added by section 1812(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended by inserting after section 3227 the following new section: 3228. Contracts: consideration of outsourcing of jobs (a) Disclosure of outsourcing of jobs (1) In general The head of an agency shall require a contractor that submits a bid or proposal in response to a solicitation issued by the agency to disclose in that bid or proposal if the contractor, or a subsidiary of the contractor, owns a facility for which there is an outsourcing event during the three-year period ending on the date of the submittal of the bid or proposal. (2) Outsourcing event For purposes of paragraph (1), the term outsourcing event means a plant closing or mass layoff (as described in section 2(a) of the Worker Adjustment and Retraining Notification Act) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States, as determined pursuant to the outsourcing statement (as described in paragraph (1) of such section 3(e) of such Act) served by the taxpayer during the taxable year, exceeds 50 employees. (b) Consideration authorized (1) Agency contracting officers considering bids or proposals in response to a solicitation issued by the agency shall take into account any disclosure made pursuant to subsection (a) in such bids and proposals. (2) The head of an agency shall establish a negative preference of no less than 10 percent of the cost of a contract for purposes of evaluating a bid or proposal of a contractor that makes a disclosure pursuant to subsection (a). (c) Sense of Congress It is the sense of Congress that agency contracting officers should, using section 3203(a) of this title, exclude contractors making a disclosure pursuant to subsection (a) in response to solicitations issued by the agency from the bidding process in connection with such solicitations on the grounds that the actions described in the disclosures are against the public interests of the United States. (d) Annual report The head of each agency shall submit to Congress each year a report on the following: (1) The number of solicitations made by the agency during the preceding year for which disclosures were made pursuant to subsection (a) in responsive bids or proposals. (2) The number of contracts awarded by the agency during the preceding year in which such disclosures were taken into account in the contract award. . (B) Clerical amendment The table of sections at the beginning of chapter 222 of such title, as added by such section 1812(a), is amended by inserting after the item relating to section 3227 the following new item: 3228. Contracts: consideration of outsourcing of jobs. . (2) Exclusion of firms from sources Section 3203(a) of such title, as added by section 1812(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ), is amended— (A) by redesignating subsection (c) as subsection (d); (B) by inserting after subsection (b) the following new subsection: (c) Exclusion of sources that outsource jobs The head of an agency may provide for the procurement of property and services covered by this chapter using competitive procedures but excluding a source making a disclosure pursuant to section 3228(a) of this title in the bid or proposal in response to the solicitation issued by the agency if the head of the agency determines that the actions described by disclosure are against the public interests of the United States and the source is to be excluded on those grounds. Any such determination shall take into account the sense of Congress set forth in section 3228(c) of this title. ; and (C) in subsection (d), as so redesignated, by striking paragraphs (1) and (2) and inserting subsections (a), (b), and (c) . (b) Other Federal contracts (1) Consideration of outsourcing Chapter 35 of title 41, United States Code, is amended by inserting after section 3303 the following new section: 3303a. Bidders outsourcing jobs: disclosure of outsourcing; consideration of outsourcing in award; exclusion from sources (a) Disclosure of outsourcing of jobs (1) In general The head of an executive agency shall require a contractor that submits a bid or proposal in response to a solicitation issued by the executive agency to disclose in that bid or proposal if the contractor, or a subsidiary of the contractor, owns a facility for which there is an outsourcing event during the three-year period ending on the date of the submittal of the bid or proposal. (2) Outsourcing event For purposes of paragraph (1), the term outsourcing event means a plant closing or mass layoff (as described in section 2(a) of the Worker Adjustment and Retraining Notification Act) in which the employment loss (excluding any part-time employees) for positions which will be moved to a country outside of the United States, as determined pursuant to the outsourcing statement (as described in paragraph (1) of such section 3(e) of such Act) served by the taxpayer during the taxable year, exceeds 50 employees. (b) Consideration authorized (1) Contracting officers of an executive agency considering bids or proposals in response to a solicitation issued by the executive agency shall take into account any disclosure made pursuant to subsection (a) in such bids and proposals. (2) The head of an executive agency shall establish a negative preference of no less than 10 percent of the cost of a contract for purposes of evaluating a bid or proposal of a contractor that makes a disclosure pursuant to subsection (a). (c) Exclusion from sources (1) In general The head of an executive agency may provide for the procurement of property and services using competitive procedures but excluding a source making a disclosure under subsection (a) in the bid or proposal in response to the solicitation issued by the executive agency if the head of the executive agency determines that the actions described by disclosure are against the public interests of the United States and the source is to be excluded on those grounds. Any such determination shall take into account the sense of Congress set forth in paragraph (2). (2) Sense of Congress It is the sense of Congress that contracting officers of executive agencies may use paragraph (1) to exclude contractors making a disclosure pursuant to subsection (a) in response to a solicitation issued by the executive agency from the bidding process in connection with the solicitation on the grounds that the actions described by the disclosure are against the public interests of the United States. (d) Annual report The head of each executive agency shall submit to Congress each year a report on the following: (1) The number of solicitations made by the executive agency during the preceding year for which disclosures were made pursuant to subsection (a) in responsive bids or proposals. (2) The number of contracts awarded to contractors that disclosed having outsourced more than 50 jobs during the preceding three years. . (2) Clerical amendment The table of sections at the beginning of chapter 35 of such title is amended by inserting after the item relating to section 3303 the following new item: 3303a. Bidders outsourcing jobs: disclosure of outsourcing; consideration of outsourcing in award; exclusion from sources. . (3) Conforming amendment Section 3301(a) of such title is amended by inserting 3303a(c), after 3303, . (c) Regulations (1) In general Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council, in consultation with the heads of relevant agencies, shall amend the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement to carry out the requirements of section 3303a of title 41, United States Code, and section 3228 of title 10, United States Code, as added by this section. (2) Definition of outsourcing For purposes of defining outsourcing pursuant to paragraph (1), the Federal Acquisition Regulatory Council may utilize regulations prescribed by the Secretary of Labor. (d) Rule of construction This section, and the amendments made by this section, shall be applied in a manner consistent with United States obligations under international agreements. 9. Current year inclusion of net CFC tested income (a) Repeal of tax-Free deemed return on investments (1) In general Section 951A(a) of the Internal Revenue Code of 1986 is amended by striking global intangible low-taxed income and inserting net CFC tested income . (2) Conforming amendments (A) Section 951A of such Code is amended by striking subsections (b) and (d). (B) Section 951A(e)(1) of such Code is amended by striking subsections (b), (c)(1)(A), and and inserting subsections (c)(1)(A) and . (C) Section 951A(f) of such Code is amended to read as follows: (f) Treatment as subpart F income for certain purposes (1) In general Except as provided in paragraph (2), any net CFC tested income included in gross income under subsection (a) shall be treated in the same manner as an amount included under section 951(a)(1)(A) for purposes of applying sections 168(h)(2)(B), 535(b)(10), 851(b), 904(h)(1), 959, 961, 962, 993(a)(1)(E), 996(f)(1), 1248(b)(1), 1248(d)(1), 6501(e)(1)(C), 6654(d)(2)(D), and 6655(e)(4). (2) Exception The Secretary shall provide rules for the application of paragraph (1) to other provisions of this title in any case in which the determination of subpart F income is required to be made at the level of the controlled foreign corporation. . (D) Section 960(d)(2)(A) of such Code is amended by striking global intangible low-taxed income (as defined in section 951A(b)) and inserting net CFC tested income (as defined in section 951A(c)) . (b) Repeal of reduced rate of tax on net CFC tested income (1) In general Part VIII of subchapter B of chapter 1 of such Code is amended by striking section 250 (and by striking the item relating to such section in the table of sections of such part). (2) Conforming amendments (A) Section 59A(c)(4)(B)(i) of such Code is amended by striking section 172, 245A, or 250 and inserting section 172 or 245A . (B) Section 172(d) of such Code is amended by striking paragraph (9). (C) Section 246(b)(1) of such Code is amended— (i) by striking subsection (a) and (b) of section 245, and section 250 and inserting and subsection (a) and (b) of section 245 ; and (ii) by striking subsection (a) and (b) of section 245, and 250 and inserting and subsection (a) and (b) of section 245 . (D) Section 469(i)(3)(F)(iii) is amended by striking 222, and 250 and inserting and 222 . (c) Net CFC tested income determined without regard to high tax foreign income Section 951A(c)(2)(A)(i) of such Code is amended by redesignating subclauses (IV) and (V) as subclauses (V) and (VI), respectively, and by inserting after subclause (III) the following new subclause: (IV) any item of income subject to an effective rate of income tax imposed by a foreign country greater than the maximum rate of tax specified in section 11, . (d) Repeal of exclusion of foreign oil and gas extraction income from the determination of tested income Section 951A(c)(2)(A)(i) of such Code, as amended by subsection (c) is amended— (1) by adding and at the end of subclause (IV); (2) by striking and at the end of subclause (V) and inserting over ; and (3) by striking subclause (VI). (e) Increase in deemed paid credit for taxes properly attributable to tested income (1) In general Section 960(d) of such Code is amended by striking 80 percent of . (2) Conforming amendment Section 78 of such Code is amended by striking (determined without regard to the phrase “80 percent of” in subsection (d)(1) thereof) . (f) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2020, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. (2) Repeal of reduced rate of tax; increase in deemed paid credit The amendments made by subsection (b) and (e) shall apply to taxable years beginning after December 31, 2020. | https://www.govinfo.gov/content/pkg/BILLS-117s1513is/xml/BILLS-117s1513is.xml |
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